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ADDENDUM A:
SERVICE LEVEL AGREEMENT
This SLA applies to customers with
signed Sales Agreements only.
This agreement covers the following named
Hosted Services:
-
Microsoft BizTalk Hosting Services
-
Microsoft Commerce Server Hosting Services
-
Microsoft CRM Hosting Services
-
Microsoft Exchange Server Hosting Services
-
Microsoft SharePoint Portal or Foundation Server Hosting Services
-
Microsoft Project Server Hosting Services
-
Microsoft Small Business Server Hosting Services
-
Microsoft SQL Server Hosting Services
-
Microsoft Terminal Services Hosting Services
-
Microsoft Windows SharePoint Services
-
Dedicated Web Site Hosting Services
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Dedicated
EPI
Administered or Managed Server Rental Services
-
Dedicated Unmanaged Server Rental Services (see
Note)
-
Co-Hosted or Co-Located Equipment Services (see
Note)
to which you
(the “Customer”) have subscribed.
After the Stabilization
Period (defined below), EPI Internet Direct ("EPI") guarantees the Hosted Services will meet or exceed the
availability
objectives set forth in this Service Level Agreement.
Availability
For each of the listed
Hosted Services EPI provides a 99.9% monthly "Uptime Guarantee" which means
that EPI will maintain a "Monthly Availability" of no less than 99.9% during
each calendar month. A "Service Outage" begins if the contracted
Hosted Service is unavailable or cannot be reached for a minimum period of
five consecutive minutes as measured by EPI's internal and external
monitoring services and reported by you to EPI Technical Support staff.
The following downtime
events shall not be considered part of a Service Outage:
1. Regularly
Scheduled Maintenance. Regularly Scheduled Maintenance shall mean any
operating system or computer hardware maintenance performed to the Hosted Service that is performed during
one or more EPI's regular scheduled maintenance
windows. For information on EPI's regular scheduled maintenance windows, please see:
http://support.epidirect.com/KB/a18/scheduled-and-emergency-maintenance-policies.aspx
2. Customer
Authorized Maintenance of any type.
For the purposes of this Service Level Agreement, Customer Authorized
Maintenance means
a service request that has been requested or authorized by the Customer
which involves a service outage of any type.
3. Unavailability
of the Services due to Customer misuse, application programming or
configuration errors,
failures of programs or processes associated with client specific custom or
client requested third party application programs of any type including failures which result
in excessive CPU utilization, customer non-performance or non-completion of
any or all customer activities reasonably required to ensure the ongoing
availability of service, service suspensions due to late or missing payments, negligent or unlawful acts by Customer or its
agents or its suppliers, problems with Customer's registrar, problems with
customer managed DNS or other third party zone transfer technologies,
problems with connectivity to third party providers to which the customers
applications or services depend, network
unavailability due to a failure of upstream Internet network services
located
outside of EPI's data center facilities or outside of the control of EPI including
but not limited to any and all third party upstream service and communications suppliers
providing services at any point between EPI's data center demarcation point
and any affected Customer location, events
of force majeure.
4. Unavailability
of the Services due to mechanical or electronic failure of
client supplied equipment of any type.
For EPI supplied dedicated servers only:
-
Unless your dedicated
server solution includes high-availability load-balanced and/or
clustered hardware, this SLA does not apply if your service is
unavailable due to the mechanical or electronic failure of dedicated
equipment.
-
Regardless, this SLA
does not apply to dedicated server solutions of any type unless your
hardware deployment includes RAID 1, RAID 5, RAID 10 or a EPI
provisioned SAN (Storage Area Network) or NAS (Network Attached Storage)
solution.
EPI, in its sole discretion,
shall determine whether an event will be considered a "Service Outage" based
on its records and data. For the purposes of this SLA a Service Outage
begins a) for services monitored by EPI through either an internal or
external monitoring service, immediately upon receipt of the associated SMS
or pager notification. For services not monitored by EPI, immediately upon
receipt of your transmitted pager, SMS, telephone or other EPI recognized
notification of a service outage (which ever notification arrives first).
Notifications transmitted by email only without a prior notification by
pager, telephone or other contact device are not, for the purposes of this
SLA, accepted as notification of an outage.
For more information on contacting EPI during a
service outage, see: Contacting EPI for
Emergency Technical Support
Remedies
When Customer becomes aware
of a Service Outage, Customer shall open a trouble ticket with EPI Customer
Support within two (2) calendar days. If EPI determines in its reasonable
commercial judgment that the Service Outage lasted beyond EPI's guaranteed
Monthly Availability then EPI will credit
Customer's account a pro-rated value based on the amount of time that the
Service Outage exceeded EPI's Uptime Guarantee. To qualify for any credit
Customer must have a current and valid Sales Agreement for the Services
affected and must have their account in good standing. Credits are not
applied to accounts with outstanding Accounts Receivables.
EPI
will not provide any credits to customers that have purchased or acquired
Services through a reseller, distributor, or indirectly through any other
company. Credits will not apply to any EPI Professional Services, custom
services, or to charges for services other than the Monthly Fee for the
Services for which Monthly Availability was not met.
Credits are applied to
reduce the net amount of future invoices only. Customers with subscriptions
for more than one Service will not receive credits for unaffected Services.
Customer's account shall not be credited more than once per month under this
Service Level Agreement. This is the sole and exclusive remedy if EPI does
not meet the commitments set forth in this Service Level Agreement.
Stabilization Period
Definition
The Stabilization Period is
a period of thirty (30) days beginning on the date the Customer is deployed
onto a Hosted Service, during which EPI and Customer work to configure several
variables in order to meet full operational performance parameters. During
the Stabilization Period, the service level guarantees shall not apply.
EPI Hosted Service
Definition
The EPI Hosted Service is
defined as the combination of servers, hardware and
associated software that are responsible for delivering a Service.
Notes Regarding Dedicated Unmanaged Server
Rentals:
EPI does not manage or
otherwise administer Dedicated Unmanaged Servers and therefore does not
provide SLA
reimbursements for faults caused by the failure of the unmanaged server
whether due to equipment or hardware failure, configuration errors, virus
infections or other issues outside of the control of EPI. Clients with
dedicated unmanaged server equipment are exclusively responsible for
ensuring the proper configuration and maintenance of their equipment and
related software, and are required to immediately report to EPI any hardware
faults or other signs of impending hardware failure, allowing EPI to
investigate and, if appropriate, make repairs. EPI's warrantee for Dedicated
Unmanaged Servers is that it will repair or replace defective equipment on a
"best effort" basis, replacing equipment as EPI deems suitable. Customer is
exclusively responsible for maintaining appropriate system backups and for
all costs associated with the restoration of unmanaged operating system
software, web sites and other appropriate information and content.
Notes Regarding Co-Hosted (Co-Located) Equipment:
EPI does not manage or
otherwise administer co-hosted equipment and does not provide SLA
reimbursements for faults caused by the failure of co-hosted equipment
whether due to equipment or hardware failure, configuration errors, virus
infections or other issues outside of the control of EPI. Clients with
co-hosted equipment are exclusively responsible for ensuring the proper
configuration and maintenance of their equipment and related software.
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EPI reserves the right to
modify this Service Level Agreement from time to time. |
