Network Services and Data Center SLA DirectSpace Networks (Ver. Jan 08)
© DirectSpace Networks, LLC. 2008
www.directspace.net
NETWORK SERVICES
SERVICE LEVEL AGREEMENT
This Service Level Agreement (SLA) is a part of the customer subscriber agreement (CSA or Agreement) between Customer and DIRECTSPACE NETWORKS. Capitalized terms used herein that are not defined in this SLA shall have the meaning attributed to them in the CSA.
SERVICE COMMITMENT.
DIRECTSPACE NETWORKS is committed to providing a reliable, high-quality network to support its high-speed network services (Service). As part of this commitment, DIRECTSPACE NETWORKS is pleased to offer eligible Customers the following guarantees as concerns the Service in the United States, Canada and
Europe:
· Network Availability for web hosting, dedicated servers, and domain names
· Network Latency Guarantee
· Packet Delivery Guarantee
The Notification Guarantee, Latency Guarantee and Packet Delivery Guarantee apply to DIRECTSPACE NETWORKS Dedicated Server Services Customers only.
If DIRECTSPACE NETWORKS fails to meet any of these guarantees, it will provide eligible Customers with a Service Credit, as set forth below in this Service Level
Agreement.
GUARANTEES.
NETWORK AVAILABILITY AND NOTIFICATION GUARANTEE.
DIRECTSPACE NETWORKS guarantees Network Availability of the Service of 100% across its facilities-Network. If the DIRECTSPACE Network experiences Network Unavailability, Customer will receive, at Customer's request, one (1) month Service Credit. DIRECTSPACE's Outage Notification Guarantee is to proactively notify a Dedicated Server Customer within 15 minutes after DIRECTSPACE determines that Customer's Service is unavailable. DIRECTSPACE's standard procedure is to ping the Customer's server every minute. If Customer's server does not respond after ten consecutive ping cycles, DIRECTSPACE will deem the Service unavailable and will contact Customer's designated point
of contact by a method elected by DIRECTSPACE (telephone, email, fax, or pager).
If DIRECTSPACE fails to meet this Outage Notification Guarantee, Customer will receive, at Customer's request, one (1) day Service Credit for the Service with respect to which this Guarantee has not been met. Customer may obtain no more than one day Service Credit per day, regardless of how often in that day DIRECTSPACE failed to meet the Customer Reporting Guarantee. Customer may obtain no more than one (1) month Service Credit for any given
month.
NETWORK LATENCY GUARANTEE.
For Dedicated Server customers only, the monthly average Network Latency for packets carried over the DIRECTSPACE Network between Backbone Hubs for the following regions is as specified below:
Intra-North America: 60 milliseconds or less
Intra-Europe: 55 milliseconds or less
New York to London (Trans-Atlantic): 85 milliseconds or less
Network Latency (or Round trip time) is defined as the average time taken for an IP packet to make a round trip between Backbone Hubs within the regions specified above on the DIRECTSPACE Network. DIRECTSPACE monitors aggregate latency within the DIRECTSPACE Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis.
After being notified by Customer of Network Latency in excess of the rates specified above, DIRECTSPACE will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the DIRECTSPACE Network.
If DIRECTSPACE fails to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer's request, a Service Credit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above. Customer may obtain no more than one (1) month Service Credit for any given month.
PACKET DELIVERY GUARANTEE.
For Dedicated Server customers only, the DIRECTSPACE Network has an average monthly Packet Loss no greater than 0.1% (or successful delivery of 99.9% of packets). Packet Loss is defined as the percentage of packets that are dropped between Backbone Hubs on the DIRECTSPACE Network. DIRECTSPACE monitors this aggregate packet loss on an ongoing basis, and compiles the collected data into a monthly average packet loss measurement for the DIRECTSPACE Network.
After being notified by Customer of Packet Loss in excess of 0.1%, DIRECTSPACE will use commercially reasonable efforts to determine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the DIRECTSPACE Network. If DIRECTSPACE fails to remedy such excess Packet Loss within two (2) hours of being notified of any excess Packet Loss on the DIRECTSPACE Network and average Packet Loss for the preceding 30 days exceeds 0.1%, Customer will receive, at Customer's request, a Service Credit for the period from the time of notification by the Customer until the average Packet Loss for the preceding 30 days is less than 0.1%. Customer may obtain no more than
one (1) month Service Credit for any given month.
ADDITIONAL DEFINITIONS.
Dedicated Server Access refers to DirectSpace Network's Hosting service that provides customers access to the high bandwidth servers on the DirectSpace Network.
Service Credit means
· One (1) day Service Credit = 1/30th of Customer's Monthly Recurring Charges.
· One (1) week Service Credit = 7/30ths of Customer's Monthly Recurring Charges.
· One (1) month Service Credit = Full amount of Customer's Monthly Recurring Charges.
SERVICE CREDIT CLAIM PROCESS.
In order to initiate a claim for Service Credit, Customer must contact DIRECTSPACE's customer service group within seven (7) business days after the end of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric.
Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, DIRECTSPACE will issue Service Credit to Customer's account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit.
The total number of all Service Credits for all failures to meet Guarantees occurring in a given month may not exceed the total Monthly Recurring charge actually paid by Customer for Service during that month. Service Credits will be credited against a Customer's monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.
The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its CSA with DIRECTSPACE, and the failure of Customer to comply with those terms and conditions may in validate DIRECTSPACE's guarantees provided herein. No credit is available for a Customer (a) that is blocking DIRECTSPACE from monitoring Customer's premises router; (b) that does not provide the necessary access
to personnel and facilities at the Customer's premises to enable DIRECTSPACE to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with DIRECTSPACE. DIRECTSPACE is not liable for failure to fulfill its obligations hereunder if such failure is due to Customer's use of bandwidth in excess of the maximum amount specified in Customer's CSA, Customer's tampering with any equipment, or acts beyond DIRECTSPACE's
reasonable control, such as Force Majeure.
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DirectSpace Networks
www.directspace.net
1-877-350-HOST
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