Service Level Agreement
Customer hereby agrees to the following:
100% Network Uptime
Enterhost guarantees that its network will be available 100% of the time in a given month, except during maintenance periods. Network uptime includes all network services and infrastructure, but does not include services or software running on the Customer's server. Network downtime for which Customer may receive a Service Credit ("Creditable Downtime") exists when (i) Customer is unable to transmit and receive data, (ii) Customer sends an email to email@example.com, and (iii) Enterhost's technical support team verifies that network downtime exists. Upon experiencing Creditable Downtime, Enterhost will credit Customer 5% of Customer's monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.
Enterhost guarantees that its critical infrastructure systems will be available 100% of the time in a given month, except for maintenance periods. Critical infrastructure includes power and HVAC infrastructure such as UPSs, PDUs, and cabling, but does not include the power supplies on Customer's servers. Creditable Downtime for infrastructure failures exists when (i) Customer's particular server is shut down due to power or heat problems, (ii) Customer sends an email to firstname.lastname@example.org, and (iii) Enterhost's technical support team verifies that infrastructure downtime exists. Upon experiencing Creditable Downtime, Enterhost will credit Customer 5% of Customer's monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.
Enterhost guarantees that all hardware components will function and will replace any failed component at no cost to Customer. Hardware includes processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included in Customer's server. The guarantee does not include the time required to rebuild a RAID array, reload certain operating systems and applications, or perform data restores and backups. Enterhost will replace Customer's failed hardware as soon as Enterhost identifies the source of Customer's problem and the replacement will be completed within 1 hour of the time Enterhost identifies the problem. Creditable Downtime for Customer's hardware failures will exist when (i) Customer sends an email to email@example.com, (ii) after receiving Customer's email, Enterhost's technical support team identifies the source of the hardware failure, and (iii) the hardware is not replaced within 1 hour of Enterhost's identification of the problem. Upon experiencing Creditable Downtime, Enterhost will credit Customer 5% of Customer's monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers. For the avoidance of doubt, the calculation period for Creditable Downtime as a result of hardware failure will not begin until 1 hour after Enterhost has identified the source of the hardware problem.
Limitations and Exclusions.
- Maintenance. Any downtime due to Scheduled Maintenance or Emergency Maintenance will not qualify as a Creditable Downtime event. "Scheduled Maintenance" is any maintenance in the Enterhost data center (i) which occurs within Enterhost's standard maintenance windows or (ii) of which Customer has received 24 hours' advance notice. "Emergency Maintenance" means any maintenance in the Enterhost data center that, in Enterhost's sole discretion, is necessary to avoid an immediate threat to the Enterhost network or data center or Customer's server. If possible, Enterhost will attempt to notify Customer of any Emergency Maintenance. Any Emergency Maintenance which lasts longer than 2 hours per event will count as Creditable Downtime.
- Customer generated outages. Any downtime caused by the actions, or failure to act, of Customer or others authorized by Customer to use Enterhost service under the Agreements will not qualify as Creditable Downtime.
Third party service and products. Any downtime caused by the failure of third party product, service, network, or internet infrastructure will not qualify as Creditable Downtime.
- Software. Any application, software, or operating system failure will not qualify as Creditable Downtime.
Malicious activity. Any downtime resulting from a denial of service attack, hacker activity, or other malicious event or code against Enterhost or an Enterhost customer will not qualify as Creditable Downtime.
- Service credits. Service Credits are credits to Customer's account with Enterhost as calculated above and will appear on the next billable invoice following the month in which the Creditable Downtime event occurred as a credit to be applied against amounts owed for the equipment or services directly affected by the Creditable Downtime event. They do not constitute refunds and may not be paid in or exchanged for cash or other monetary consideration or value. Enterhost will calculate all Service Credits on a "per-event basis" each calendar month as provided above. In no event, will downtime or unavailability be cumulated during any monthly period or will Customer receive greater than 1 month's fees for the affected product or service per Creditable Downtime event.
In order to be eligible for a Service Credit, Customer must send an email to firstname.lastname@example.org within 72 hours of the time the Creditable Downtime event is resolved. Failure to request a Service Credit within the specified time frame will result in an automatic waiver of any rights to a Service Credit arising from that Creditable Downtime event.
- Accounts in good standing. Customer must be a current Enterhost customer in good standing to receive a Service Credit. No Service Credit will be applied to past-due accounts or accounts that are cancelled before the conditions for payment of the Service Credit are met. Upon cancellation of Customer's account, any outstanding or previously accrued Service Credits will be forfeited. Service Credits are only applied against purchases or renewals for which payment is due after the date the Service Credit is applied.
- Disclaimer. Enterhost agrees to exercise reasonable efforts to mitigate the damage arising from downtime events, but under no circumstances will Enterhost or its affiliates be held liable for any cost, expense, liability, claim or damage due to downtime. In no event shall Enterhost or its affiliates be liable to Customer or any other person for any special, incidental, consequential, or punitive damages of any kind, including, without limitation, refund of fees, loss or profits, cost of cover, loss of income, or cost of replacement services. Customer acknowledges and agrees that the receipt of a Service Credit per this SLA constitutes Customer's sole and exclusive remedy, and Enterhost's sole and exclusive liability for any downtime event. Enterhost reserves the right to amend, modify, or terminate the Agreements and Customer's use of Enterhost services and products after any such amendment, modification, or termination is posted on the Enterhost website constitutes acceptance of any such amendment, modification, or termination.
Last modified: April 30, 2007