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About
Us |
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Terms &
Policies |
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Service Level
Agreement |
Introduction
HostConcept is proud
to offer an exceptional level of performance, reliability and
service. That is why we are making commitments to our
clients in the form of a Service Level Agreement (SLA), which
provides certain rights and remedies regarding the performance of
the HostConcept network. The HostConcept's SLA guarantees our
equipment reliability and performance. This Service Level
Agreement (SLA) applies to clients of HostConcept's Virtual
Dedicated Hosting, Hosting Reseller Program and Private Label
Program. |
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Uptime Guarantee |
HostConcept strives to
maintain a 99.9% server uptime and 99.5% network uptime service
level. This uptime percentage is a monthly figure, and is
calculated solely by HostConcept monitoring systems or HostConcept
authorized/contracted outside monitoring services. If
HostConcept fails to meet its uptime guarantee with causes not
listed in the exceptions below, credits will be made available to
each client, upon request, on a case by case basis.
HostConcept does not credit a full month's service for minor
downtime. "Partial refunds for partial downtime" is our
standard policy. In extreme circumstances, HostConcept may
distribute a full month's credit, but this is dealt with on a case
by case basis. Details on how credit amounts are calculated
can be found below. |
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Exceptions |
HostConcept's clients shall not
receive any credits under this SLA in connection with any failure or
deficiency of the HostConcept 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" (i.e. 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 (i.e. Verizon™ cutting a fiber line somewhere).
- Backbone peering point issues (i.e. UUNet™ 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 can neither be
predicted nor avoided). HostConcept utilizes only name brand
hardware of the highest quality and performance.
- Software bugs/flaws (exploits and bugs may develop that cause
security issues or downtime).
- DNS issues not within the direct control of HostConcept.
- Network floods, hacks, attacks from outside parties or
individuals.
- Failure or error of any HostConcept monitoring or measurement
system.
- Client’s acts or omissions, including without limitation, any
negligence, willful misconduct, or use of HostConcept service(s)
in breach of HostConcept Policies and Service Guidelines (AUP), by
Client or others authorized by Client.
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Connectivity |
HostConcept's goal is
to make the HostConcept 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 HostConcept service failure for more than 15 consecutive minutes,
excluding service failures relating to HostConcept's scheduled
maintenance and upgrades. The HostConcept network does not
include client premises equipment or any Telco access facilities
connecting Client's premises to such infrastructure.
HostConcept's goal is to keep Average Round-Trip Latency on the
HostConcept network to 85 milliseconds or less. HostConcept defines
“Average Round-Trip Latency”, with respect to a given month, as the
average time required for round-trip packet transfers between the
HostConcept network and major US backbone peering points during such
month, as measured by HostConcept. HostConcept's goal is to
keep Average Packet Loss on the HostConcept's network to 1% or less.
HostConcept defines “Average Packet Loss”, with respect to a given
month, as the average percentage of IP packets transmitted on the
HostConcept network during such month that are not successfully
delivered, as measured by HostConcept. |
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Measurement |
HostConcept's Network
Operations Center (NOC) will periodically (on average every 5
minutes) monitor HostConcept network and server availability using
software and hardware components capable of measuring application
traffic and responses. Client acknowledges that such
measurements may not measure the exact path traversed by Client’s
internet connection, and that such measurements constitute
measurements across the HostConcept network but not other networks
to which Client may connect. HostConcept reserves the right to
periodically change the measurement points and methodologies it uses
without notice to Client. |
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Hardware Failure |
HostConcept's NOC
stands behind all equipment on our network. Faulty hardware is
rare but can neither be predicted nor avoided. HostConcept
utilizes only name brand hardware of the highest quality and
performance. HostConcept 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 Cisco™ engineers or backbone
provider emergency personnel to correct the problem. Router
failure is governed by current HostConcept contracts with Cisco™ and
backbone providers in regard to the emergency repair service in case
of such an issue. HostConcept will replace all faulty hardware
on our servers, at no charge to the Client. This includes
parts ordered as upgrades. |
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Credits |
Credit requests must
be made to HostConcept's Billing Department through HostConcept's
Support Manager. Each request in connection with network/server
outages/downtime must be received by HostConcept within five days of
the occurrence. Each request in connection with Average
Round-Trip Latency or Average Packet Loss in a calendar month must
be received by HostConcept within five days after the end of such
month. The total amount credited to a Client for HostConcept
not meeting SLA service levels will not exceed the service fees paid
by Client HostConcept for such services for the period in question.
Each valid requested credit will be applied to a Client invoice
within 30 days after HostConcept's receipt of such request.
Credits are exclusive of any applicable taxes charged to Client or
collected by HostConcept. Upon Client’s request (in accordance
with the procedure set forth below), HostConcept will issue a credit
to Client for network/server outages/downtime occurring during any
calendar month that are reported by Client to HostConcept and
confirmed by HostConcept's 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 HostConcept network for a calendar month
exceeds 85 milliseconds, then upon Client's request, HostConcept
will issue a credit to Client equal to six day's worth (1/5th) 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, HostConcept will issue a credit to Client equal to
six day's worth (1/5th) of the monthly service fees paid by Client
for such month. |
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General |
HostConcept 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, HostConcept makes no claims regarding the
availability or performance of the HostConcept 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 differential 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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