Service Level Agreement

We put our money where our mouth is!

This Service Level Agreement ("SLA") applies to you ("Customer") if you have ordered any Virtualization Service, dedicated server or Colocation services (the "Services") from Serverminds, Inc. (the "Company") and your account is current (i.e., not past due).

The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with Serverminds, Inc.

 

Network and Power

The term "Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Customer's Services are available for access from the internet, as measured by the Company.

 

Our Goal

The company's goal is to provide 100% availability of Network and Power to all our Customers.

Hardware Replacements

The term "Replace Time means the amount of time in minutes that it takes the Company to replace defective server components with working components of the same or better quality and performance characteristics, as measured by the Company.
Replacement of failed hardware does not include time required to reload the operating system or applications.

Our Goal

The company's goal is to replace all defective hardware within 2 hours after notification of a defective component by Customer through our Support Department.

Service Level Agreement Conditions

SLA Credit Claim

To properly claim an SLA credit due, the Customer's main administrative user must open an SLA ticket located inside the Customer portal within seven days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs, if applicable. The SLA claim will be researched by the appropriate Serverminds officer and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other Serverminds customers. The credit is being calculated on the basis of the monthly service charge for the affected Services, please allow up to fourteen (14) days for the process of SLA claims.

SLA Claim Fault

Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims. Valid SLA claims will not be credited to the Customer's accounts until all abuse issues are resolved. Any Customer making false or repetitive claims will incur a one time fine of $50 per incident for such claims. False or repetitive claims are also a violation of the TOS and may be subject to service suspension. Customers participating in malicious or aggressive internet activities, thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be deemed in violation of the AUP.

Exceptions to our Service Level Agreement

Customer shall not receive any credits under this SLA in connection with any failure or deficiency to meet the Availability or Replacement Time guidelines above which are caused by or associated with:
1. Circumstances beyond Company's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, denial of service attacks, hackers, viruses, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts), or inability to obtain raw materials or supplies used in or equipment needed for provision of this SLA;
2. Scheduled maintenance and emergency maintenance and upgrades;
3. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Company's Terms and Conditions and Acceptable Use Policy;
4. Insufficient information provided by the Customer to authenticate the validity of their request, including without limitation, Customer's account information, logins and passwords needed to access equipment, correct equipment identification, missing or invalid IP address(es);
5. Inability to communicate with Customer by phone, email, or chat