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ADDENDUM A:
SERVICE LEVEL AGREEMENT
This SLA applies to customers with
signed annual or minimum period six month pre-paid Sales Agreements only.
This agreement covers the following named
hosted service(s):
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Microsoft BizTalk Hosting Services
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Microsoft Class Server Hosting Services
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Microsoft Commerce Server Hosting Services
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Microsoft Content Manager Hosting Services
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Microsoft CRM Hosting Services
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Microsoft Exchange Server Hosting Services
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Microsoft SharePoint Portal Server Hosting Services
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Microsoft Project Server Hosting Services
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Microsoft Small Business Server Hosting Services
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Microsoft SQL Server Hosting Services
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Microsoft Terminal Services Hosting Services
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Microsoft Windows SharePoint Services
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Dedicated Exchange Server Hosting Services
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Dedicated FTP Site Hosting Services
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Dedicated Web Site Hosting Services
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EPI
Administered or Managed Server Rental Services
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Co-Hosted or Co-Located Equipment Services ( see
Note)
to which you
(“Customer”) have subscribed.
After the Stabilization
Period (defined below), the Services will meet or exceed the performance
objectives set forth in this Service Level Agreement.
Availability
A "Service Outage" shall
mean that the Services were not available because:
1. The
EPI Hosted Service was unable to achieve 100.0% uptime. For purposes of this
Service Level Agreement, 100.0% uptime shall mean that the EPI Hosted Service
will deliver reliable Services and shall not become unavailable due to an
outage for more than two consecutive minutes.
2. The
Web-based user interface, applications programming interfaces (API) or other
Customer-accessible data access or manipulation software are unavailable for
one or more consecutive hours, thereby preventing the
Customer (or the Customer's applications) from being able to reasonably add,
delete or modify their email, shared documents, web content or other stored
data as normally associated with the specifications for such Hosted
Services.
The following downtime
events shall not be considered part of a Service Outage:
1. Regularly
Scheduled Maintenance. Regularly Scheduled Maintenance shall mean any
maintenance performed to the EPI Service of which Customer is notified
48 hours in advance, or that is performed during a standard maintenance
window of 11:00PM to 6:00 AM EST. Notice of Scheduled
Maintenance will be provided to Customer's designated point of contact by a
method elected by EPI by e-mail or telephone.
2. For
Dedicated Services, scheduled Customer Requested maintenance of any type.
For the purposes of this Service Level Agreement, Dedicated Services means
EPI Hosted Service that is hosted specifically for a customer using
dedicated application servers or other equipment which are not shared with
other customers.
3. Unavailability
of the Services due to Customer misuse, configuration errors, application programming
errors,
failures of programs or processes associated with client specific custom or
third party application programs of any type including failures which result
in excessive CPU utilization, non-performance, 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
non-EPI provisioned DNS or other third party zone transfer technologies, network
unavailability due to failure of upstream switches, hubs, communications
facilities or other essential services supplied by third parties including,
but not limited to, upstream service and communications suppliers or 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:
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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.
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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 an 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 event lasted less than 30
minutes, upon Customer's request, EPI will credit
Customer's account a pro-rated value equal to the 2% of the Customers
monthly invoice amount. If EPI determines in its reasonable commercial
judgment that the Service Outage lasted for 30 minutes or longer EPI, upon Customer's request, will credit
Customer's account the pro-rated charges for 10% of the Customers regular
monthly invoice amount. Credits are applied once per outage to a maximum
value of your monthly hosted service fee (or, in the case of prepaid
services, for a value pro-rated to equal one months hosted service fees) for
the services affected by the outage only.
To qualify for any credit,
Customer must have a current and valid subscription for the Services
affected and must have an account in good standing. 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 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 the Services, 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 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. |
