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RIGHTPIXEL.com
is proud to offer an exceptional level of performance, reliability,
and service. That is why we are making commitments to our
customers in the form of a Service Level Agreement (SLA) which
provides certain rights and remedies regarding the performance
of the RIGHTPIXEL.com network. The RIGHTPIXEL.com Service
Level Agreement (SLA) guarantees our network/equipment reliability
and performance. This Service Level Agreement (SLA) applies
to customers of RIGHTPIXEL.com web hosting, reseller, dedicated
server, co-location, e-commerce, and dial-up/dedicated access
services.
Uptime
Guarantee:
RIGHTPIXEL.com 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 RIGHTPIXEL.com monitoring systems or RIGHTPIXEL.com authorized/contracted
outside monitoring services. If RIGHTPIXEL.com 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. RIGHTPIXEL.com does
not credit a full month's service for minor downtime. This
would not be financially healthy for RIGHTPIXEL.com, and in
turn would only negatively affect the service level RIGHTPIXEL.com
provides to you. "Partial refunds for partial downtime" is
our standard policy. In extreme circumstances, RIGHTPIXEL.com
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 RIGHTPIXEL.com 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 (Expolits and bugs may develop that cause security
issues or downtime)
- DNS
issues not within the direct control of RIGHTPIXEL.com
- Network
floods, hacks, attacks from outside parties or individuals
- Failure
or error of any RIGHTPIXEL.com monitoring or measurement
system
- Client's
acts or omissions, including without limitation, any negligence,
willful misconduct, or use of RIGHTPIXEL.com service(s)
in breach of RIGHTPIXEL.com Policy and Service Guidelines
(AUP), by Client or others authorized by Client.
Connectivity:
RIGHTPIXEL.com goal is to make the
RIGHTPIXEL.com 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 RIGHTPIXEL.com service failure for more than 15 consecutive
minutes, excluding service failures relating to RIGHTPIXEL.com
scheduled maintenance and upgrades. The RIGHTPIXEL.com network
does not include client premises equipment or any Telco access
facilities connecting Client's premises to such infrastructure.
RIGHTPIXEL.com goal is to keep Average Round-Trip Latency
on the RIGHTPIXEL.com network to 85 milliseconds or less.
RIGHTPIXEL.com defines "Average Round-Trip Latency", with
respect to a given month, as the average time required for
round-trip packet transfers between the RIGHTPIXEL.com network
and major US backbone peering points during such month, as
measured by RIGHTPIXEL.com. HostForWeb goal is to keep Average
Packet Loss on the RIGHTPIXEL.com network to 1% or less. RIGHTPIXEL.com
defines "Average Packet Loss", with respect to a given month,
as the average percentage of IP packets transmitted on the
RIGHTPIXEL.com network during such month that are not successfully
delivered, as measured by RIGHTPIXEL.com.
Measurement:
RIGHTPIXEL.com will periodically
(on average every 10 minutes) monitor RIGHTPIXEL.com 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
RIGHTPIXEL.com network but not other networks to which Client
may connect. RIGHTPIXEL.com 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 RIGHTPIXEL.com and made
available to Client.
Hardware
Failure:
RIGHTPIXEL.com stands behind all
equipment on our network. Faulty hardware is rare, but cannot
be predicted nor avoided. RIGHTPIXEL.com utilizes only name
brand hardware of the highest quality and perfomance. RIGHTPIXEL.com
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
RIGHTPIXEL.com contracts with CiscoT and backbone providers
in regard to the emergency repair service in case of such
an issue. RIGHTPIXEL.com 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
RIGHTPIXEL.com 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 RIGHTPIXEL.com
within five days of the occurance. Each request in connection
with Average Round-Trip Latency or Average Packet Loss in
a calendar month must be received by RIGHTPIXEL.com within
five days after the end of such month. The total amount credited
to a Client for RIGHTPIXEL.com not meeting SLA service levels
will not exceed the service fees paid by Client RIGHTPIXEL.com
for such services for the period in question. Each validly
requested credit will be applied to a Client invoice within
30 days after RIGHTPIXEL.com receipt of such request. Credits
are exclusive of any applicable taxes charged to Client or
collected by RIGHTPIXEL.com. Upon Client's request (in accordance
with the procedure set forth below), RIGHTPIXEL.com will issue
a credit to Client for network/server outages/downtime occurring
during any calendar month that are reported by Client to RIGHTPIXEL.com
and confirmed by RIGHTPIXEL.com 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
RIGHTPIXEL.com network for a calendar month exceeds 85 milliseconds,
then upon Client's request, RIGHTPIXEL.com 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, RIGHTPIXEL.com 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 cancellation
from. Other methods of cancellation are not valid.
General:
RIGHTPIXEL.com 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, RIGHTPIXEL.com makes no claims regarding the
availability or performance of the RIGHTPIXEL.com 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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