IP Services SLA
This Service Level Agreement supplements that certain MASTER LICENSE AND SERVICE AGREEMENT (the "Agreement")
by and between SITESERVER, INC, a California corporation ("Licensor"), and Customer.
Definitions: Capitalized terms used but not defined herein have the meanings set forth in the Agreement.
"Service Category" means a category of services as set forth in the table below.
"Service Level" means the required level of performance designated for a particular Service Category as set forth in the table below.
"Service Level Breach" means Licensor's level of performance for a particular Service Category fails to meet the Service Level
designated for such Service Category as set forth in the table below.
"Siteserver IP Network"includes all network traffic routed from any endpoint on our network, to another endpoint on our network,
in addition the first hop of our peering partners/carriers. An endpoint is any network device owned & managed by Siteserver in any of our Data Centers,
or a router/node deployed via our IP Services at a customer location.
||Siteserver IP Network will be available 100% of the time.
||Service Level Breach occurs if IP Packets can no longer pass in or out of the Siteserver IP Network for more than 60 consecutive seconds (.002% of one month), or Latency within the Siteserver IP Network exceeds 20ms. Service Level Breach results in a service credit being issued by Siteserver in favor of Customer at the rate of 2.50% of monthly fees for every 15 minutes in which any such Service Level Breach occurs.
|Power Availability (Data Center)
||Siteserver guarantees that stable, uninterrupted power will be available 100% of the time.
||Service Level Breach occurs in the event of any failure to maintain stable, uninterrupted power. Service Level Breach results in a service credit being issued by Siteserver in favor of Customer for each circuit affected at the rate of 2.50% of monthly fees for every 15 minutes in which any such Service Level Breach occurs. (See 2.1 below)
|HVAC Availability(Date Center)
||Siteserver guarantees that HVAC systems will be available 100% of the time.
||Service Level Breach occurs in the event of any failure to maintain ambient temperature of 60-78 degrees and relative humidity of 30%-70%. Service Level Breach results in a service credit being issued by Siteserver in favor of Customer at the rate of 2.50% of monthly fees for every hour in which any such Service Level Breach occurs. (See 2.2 below)
|Communication Response Times
||Siteserver will respond to Customer communications as follows: Regular Business Hours - The time from which a call is received on Siteserver's designated telephone number during regular business hours and the time a qualified support representative greets the caller and begins to handle the inquiry will be less than 15 minutes. After Business Hours - Length of time between return call requests received after regular business hours to agent outbound call placed to the caller will be less than 1 hour.
||Service Level Breach occurs in the event of any failure to meet the specified response times. Service Level Breach results in a service credit being issued by Siteserver in favor of Customer at the rate of 2.50% of monthly fees for each such occurrence.
Customer must utilize A/B power to be eligible for credits under this section of the SLA.
Outages related to customer equipment (PDU's, power cords, power supplies, etc) are not covered under our SLA.
Data Center utilizes a high efficiency "Hot Aisle - Cool Aisle" configuration,
and as such, this SLA excludes equipment that does not draw air intake from a "Cool Aisle".
Should there be a concurrent or simultaneous breach of more than one of the above Service Categories,
Customer shall be issued a service credit by Siteserver that shall not exceed the maximum rate of 2.50% of monthly fees.
Service Level Commitments
General. Licensor shall use commercially reasonable efforts to meet all Service Levels.
Notification. Licensor will inform the Customer, by email (or other prompt means if email is unavailable), of any service level disruption, unless such disruption is of an insignificant nature (less than 15 minutes).
Licensor will use commercially reasonable efforts to restore service as soon as reasonably practicable and inform the Customer by email (or other prompt means if email is unavailable) once service is restored.
Licensor will also provide the Customer with a written report of the problem, including root cause analysis, and the steps Licensor is taking to prevent the problem in the future.
Exceptions. The following will be excluded from the measurement of compliance with any Service Level:
(1) Scheduled Maintenance, which is defined as maintenance between the hours of 1:00AM - 3:00AM PST on the second Wednesday of each month,
provided customer is notified at least 24 hours in advance of such maintenance, other than in the case of an emergency,
under which such circumstances, no notice shall be necessary or required;
(2) DNS issues outside the direct control of Siteserver;
(3) Circumstances beyond Siteserver's reasonable control, including, by example but not limitation: acts of war, terrorist activities,
fire, flood, acts of governmental bodies and acts of God;
(4) Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence,
willful misconduct, or use of the Siteserver infrastructure in breach of Siteserver's Acceptable Use Policy (AUP);
(5) Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks against Customer network.
Siteserver will comply with industry best practices for physical and virtual security.
Siteserver will notify Customer of any means any unauthorized access to, or unauthorized penetration (including virus attacks)
of the security surrounding a facility, resource, application or data store ("Security Breach") within 2 hours of discovery.
Siteserver will provide subsequent reporting at several milestones: discovery, key events (such as server compromise), and end of attack.
Notification and reporting will include attempted but failed breaches as well as successful breaches.
Siteserver will begin process improvements to fix potential security exposures within 24 hours of discovery.
Siteserver will comply with all applicable standards and requirements of the Payment Card Industry Security Standards Council.
Siteserver will cooperate in periodic compliance reviews and will implement additional compliance and control measures as
determined necessary by Customer's internal compliance staff and external security assessors.
Except as provided in paragraphs 6.5 (Failure of Services) and/or 8.2 (Force Majeure) of the Master Service Agreement,
Customer is entitled to terminate the Agreement effective immediately upon written notice to Licensor in the event of
(i) Three entirely different, separate, and distinct Service Level Breach events during any single billing period or
(ii) failure to comply with the provisions of Sections 4.1, 4.2, and 4.3, if such noncompliance is not resolved
within ninety (90) days of written notification from Customer.