Definitons
For purposes of this Service Level Agreement (SLA), the following terms have the meanings set forth below:
- “Managed Server” and “Server” means a TruFlex or Advantage server configuration originally purchased from Hostway.
- “Day Credit” is calculated as one thirtieth (1/30) of the monthly recurring rate paid by Customer. In the case where Customer purchased a Server on an annual or quarterly plan, Day Credit will be calculated by dividing the annual rate by 360 or the quarterly rate by 90.
- “Hardware Issue” means repair or replacement of any of the following pieces of equipment originally installed on the Server: (a) network interface cards (NIC); (b) hard drives; (c) SATA and SAS drive controller cards; (d) central processing units (CPU); (e) random access memory chips (RAM); (f) motherboard; (g) power supply; and (h) fans/cooling units.
- “Network Issue” means when Customer is unable to transmit to and receive data from the Server for less than 100% of the time in a given calendar month, excluding scheduled maintenance. The Network includes routers, switches, backbone connections and cabling, but does not include services or software running on the server(s) that may affect the performance or availability of the network.
- “Operational” means that Customer’s Server responds to a Hostway initiated ‘ping-test.’
Hardware Support SLA
Hostway will resolve all Hardware Issues within one (1) hour of Hostway’s confirmation that there is a hardware failure. Upon Customer’s request, Hostway will issue a Day Credit to Customer assuming Customer’s Server is not Operational within one (1) hour from the time Hostway is notified of the problem through the trouble ticket system. For each additional one (1) hour period that Customer’s Server is not Operational, Customer may receive an additional Day Credit; provided, however, the total number of Day Credits available to Customer in a particular month shall be limited to thirty (30).
Network Support SLA
Hostway’s network will be available to Customer free of outages 100% of the time in a given calendar month. Upon Customer’s request, Hostway will issue a Day Credit to Customer assuming the network connected to Customer’s Server experiences network availability of less than 100% in a given calendar month. The Network Issue is measured from the time the trouble ticket was received by Hostway to the time the Server is able to transmit and receive data. For every additional 0.100% of downtime beyond the 100% allowance, the Customer may receive an additional Day Credit, provided, however, the total number of Day Credits available to Customer in a particular month shall be limited to thirty (30).
Exceptions
Only customers in good standing are eligible to receive credits under this SLA. Customers shall not receive any Day Credits under this SLA in connection with any failure caused by or associated with circumstances beyond Hostway’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in Customer telecommunications or third party services, failure of third party software or Customer’s acts or omissions (or acts or omissions of other parties engaged or authorized by Customer), including without limitation, any negligence or willful misconduct, or any request to re-install other than the currently supported version of an operating system in connection with a hardware failure; or scheduled downtime of the server for repair, replacement, or maintenance of any software, hardware, or network component. Furthermore, Customer shall not receive any Day Credits under this SLA for any outage or service interruption resulting from Customer’s failure to timely pay fees owed to Hostway as they become due.
Maintenance Window
Customer acknowledges and agrees to the weekly scheduled maintenance windows, Sunday between 3am – 6am EST. Hostway shall notify Customer of any regularly scheduled maintenance windows at least thirty (30) days in advance of scheduled maintenance and in the event of unscheduled maintenance at a time that is mutually agreed to by the parties. Customer understands and agrees that the Company has the right to conduct an emergency maintenance window at any time, during which any or all Company Services may be unavailable.
Credit Request and Payment Procedures
To apply to receive a Day Credit, Customer must email serversales@hostway.com with the server name, customer id, date(s) and time(s) of the failure within 72 hours of the incident. Hostway reserves the right to refuse any incomplete credit requests. All Day Credits will be applied on Customer’s account toward future payments. Hostway will not issue Day Credits as a refund by cheque or any other payment method.
Last updated: March 1, 2012
