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SERVICE LEVEL AGREEMENT

Uptime Guarantee:

Pro Web Solutions, strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Pro Web Solutions, monitoring systems or Pro Web Solutions, authorized/contracted outside monitoring services. If Pro Web Solutions, fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Pro Web Solutions, does not credit a full month's service for minor downtime. This would not be financially healthy for Pro Web Solutions, and in turn would only negatively affect the service level Pro Web Solutions, provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Pro Web Solutions, may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Pro Web Solutions, network caused by or associated with:

  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
  • Telco Failure (ie...VerizonT cutting a fiber line somewhere)
  • Backbone peering point issues (ie...UUnetT having a router go down in Virginia that wipes out internet service for the entire East Coast)
  • Scheduled maintenance for hardware/software upgrades
  • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). vT utilizes only name brand hardware of the highest quality and performance.
  • Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
  • DNS issues not within the direct control of Pro Web Solutions,
  • Network floods, hacks, attacks from outside parties or individuals
  • Failure or error of any Pro Web Solutions,monitoring or measurement system
  • Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Pro Web Solutions, service(s) in breach of Pro Web Solutions, Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:

Pro Web Solutions, goal is to make the Pro Web Solutions, network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a Pro Web Solutions, service failure for more than 15 consecutive minutes, excluding service failures relating to Pro Web Solutions, scheduled maintenance and upgrades. The Pro Web Solutions, network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Pro Web Solutions, goal is to keep Average Round-Trip Latency on the Pro Web Solutions, network to 85 milliseconds or less. Pro Web Solutions, defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the Pro Web Solutions, network and major US backbone peering points during such month, as measured by Pro Web Solutions. Pro Web Solutions, goal is to keep Average Packet Loss on the Pro Web Solutions, network to 1% or less. Pro Web Solutions, defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the Pro Web Solutions, network during such month that are not successfully delivered, as measured by Pro Web Solutions.

Measurement:

Pro Web Solutions, will periodically (on average every 10 minutes) monitor Pro Web Solutions, network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the Pro Web Solutions, network but not other networks to which Client may connect. Pro Web Solutions, reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Pro Web Solutions, and made available to Client.

Hardware Failure:

Pro Web Solutions, stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Pro Web Solutions, utilizes only name brand hardware of the highest quality and performance. Pro Web Solutions, will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site CiscoT engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Pro Web Solutions, contracts with CiscoT and backbone providers in regard to the emergency repair service in case of such an issue. Pro Web Solutions, will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits:

Credit requests must be made on the Pro Web Solutions, web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by Pro Web Solutions, within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Pro Web Solutions, within five days after the end of such month. The total amount credited to a Client for Pro Web Solutions, not meeting SLA service levels will not exceed the service fees paid by Client Pro Web Solutions, for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Pro Web Solutions, receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Pro Web Solutions. Upon Client's request (in accordance with the procedure set forth below), Pro Web Solutions, will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Pro Web Solutions, and confirmed by Pro Web Solutions, measurement reporting. Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Pro Web Solutions, network for a calendar month exceeds 85 milliseconds, then upon Client's request, Pro Web Solutions, will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, Pro Web Solutions, will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

Account cancellations

Your account can be cancelled ONLY by submitting secure service cancellation form. Other methods of cancellation are not valid. Once the form submitted account will be cancelled within 60 minutes.

General:

Pro Web Solutions, reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Pro Web Solutions, makes no claims regarding the availability or performance of the Pro Web Solutions, network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability

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