This Service Level Agreement (this “SLA”) governs the use of the Services under the terms of the Master Services Agreement (the “Agreement”), between Client and Corserva, Inc. (“Corserva”, “we” or “us”) and is subject to all of the terms and conditions of the Agreement. Corserva may update, amend, modify or supplement this SLA from time to time. The terms and conditions of this SLA are applicable to the Colocation service only, and “Service” or “Services” as used in this SLA refers only to the Colocation service.
Capitalized terms used herein but not otherwise defined will have their respective meanings set forth in the Agreement. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.
The Services chosen by the Client are Colocation Services to store and operate its hardware and software (“Colocation”) at a Corserva data center. We provide rack space, power and internet connection to the switch port. The Client is responsible for the complete operation and provisioning of its hardware and application
software located within the Corserva data center.
Corserva will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed to by Client.
“Network” means the portion of the Corserva data center network extending from the network egress point of Client’s Colocation to the outbound port of the data center border router.
“Power” includes all UPSs, PDUs, generators, and cabling, but does not include the power supplies in the Client’s Colocation equipment.
“Scheduled Maintenance” means maintenance of which we notify Client by email at least 10 business days in advance, and that does not exceed 60 minutes in any calendar month.
2. SERVICE AVAILABILITY
Corserva will use commercially reasonable efforts to provide the following Service Availability measured on a calendar-month basis (each, a “Goal”):
Network Availability: 99.99%
Power Availability: 99.99%
2.1 “Service Availability” means:
With respect to “Network Availability”, the Monthly Uptime Percentage excluding Scheduled Maintenance and Exclusions during any calendar month
With respect to “Power Availability”, the Monthly Uptime Percentage excluding Scheduled Maintenance and Exclusions during any calendar month
Loss of Service Availability caused by any of the following (each, an “Exclusion”) will be excluded from Service Availability calculations: (i) issues beyond Corserva’s reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Client’s portion of the network, IP transit provider issues, SYN attacks, and other similar events or any Force Majeure event, or (ii) other issues addressed in this SLA.
2.3. Availability Calculations
To calculate Service Availability, Corserva analyzes logs from event monitoring systems, matching these findings with client reports to determine the actual timeframe. Any loss of Service Availability less than five minutes in duration will not be included in the calculation of Service Availability.
3. SERVICE AVAILABILITY CREDIT
If Service Availability measured for any completed calendar month is below the Goal, Corserva will issue a credit (“Service Availability Credit”). We will verify Service Availability Credits for validity, and they will be subject to the other conditions in this SLA. The Service Availability Credit will be calculated as follows:
|Service Availability||Amount of the refund as a percentage of monthly fee for affected Service|
|99.0% to 99.99%||5% of monthly fee credited|
|98.0% to 98.99%||10% of monthly fee credited|
|95.0% to 97.99%||15% of monthly fee credited|
|94.99% or below 2.5%||credited for every 1% of lost availability up to the maximum total penalty limit|
3.1. Service Availability Credit Request and Payment Procedures
To request a Service Availability Credit, (a) Client must be in good standing with Corserva, (b) Client must open a technical support ticket by emailing email@example.com reporting an apparent Service interruption within 72 hours of the event, and (c) Client must send an email or written Service Availability Credit request to firstname.lastname@example.org in the calendar month immediately following the month for which Client is requesting a Service Availability Credit. Service Availability Credit requests must include Client’s name or Corserva account number and the dates and specific times for which Client is requesting Service Availability Credits. Corserva will compare information provided by Client to the data referenced in Section 2.3. A Service Availability Credit will be issued only if Corserva confirms from such data that a Service Availability Credit is available. Corserva will calculate the Service Availability Credit based on the type of particular Service for which Service Availability did not meet the Goal, the fees for the particular Service and the percentage of overall individual Service affected. The limits and sole remedies regarding Service Availability Credits total credits under this SLA are set forth in this Section 3.
3.2. Limits On Service Availability Credit & Sole And Exclusive Remedies
The total Service Availability Credit due to Client for any Colocation that failed to meet the Goal may not exceed 50% of the monthly fees charged for Colocation Services during the calendar month for which the Service Availability Credit is to be issued. Only one Service Availability Credit is available in any given calendar month. Notwithstanding anything set forth in the Agreement or this SLA, the Service Availability Credit described in this Section 3 is Client’s sole and exclusive remedy in connection with any loss of Service Availability or breach by Corserva of the Agreement or this SLA. Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.
4. TECHNICAL SUPPORT
Corserva will use commercially reasonable efforts to assist Client, through Client’s authorized contacts, with setting up and configuring the Services, having access to the Services and other issues related to the Services. We may rely on contacts authorized by Client in writing in providing information, changes or technical support pursuant to the Agreement and are not required to respond to requests from others. For more information, visit the technical support page of Corserva’s website. Corserva’s technical support response time depends on the complexity of the inquiry and support request volume.
5.1 Custom Configuration
Requests for modification to the standard configuration of the Services will be considered on a case-by-case basis. Approval of such modifications will be at Corserva’s sole discretion. Corserva does not guarantee any particular result from non-standard configurations nor can it be held liable in any way for Service performance changes or failures which result from non-standard configurations.
5.2 Additional Services
Client may request that Corserva perform professional services on a time and materials basis. The request must include a detailed description of work and the authorized amount of time, in half hour increments, to perform the work. Corserva may evaluate and revise the request (including the estimated number of hours to perform the work) and reserves the right, in its sole discretion, to decline any request. Any additional services will be performed at Corserva’s standard published rates, provided that any emergency services that require commencement within 24 hours will be charged at 1.5x Corserva’s standard published rate. Corserva will use commercially reasonable efforts to perform requested additional services. However, it does not guarantee any particular result from performance of additional services or make any representations or warranties regarding such additional services nor can it be held liable in any way (including for any credits) for Service performance changes or failures which result from performing tasks requested by Client. Corserva may require a separate agreement for any of these additional services.
6.1 Scheduled Maintenance
In order to maintain performance, Corserva performs Scheduled Maintenance within its published maintenance windows. This may require that specific Services be suspended during the maintenance period. Loss of Service Availability due to Scheduled Maintenance is not deducted in calculating Service Availability. Corserva will use commercially reasonable efforts to notify Client in advance of any Scheduled Maintenance that may adversely affect Client’s use of the Services.
6.2 Emergency Maintenance
Corserva may need to perform emergency maintenance, including security patch installation and hardware replacement. Corserva will not be able to provide Client with advanced notice of emergency maintenance. Loss of Service Availability due to emergency maintenance is not deducted in calculating Service Availability.
7. CERTAIN LIMITATIONS
Corserva does not guarantee compatibility of the Services with any specific customer configuration of hardware or software. Client is encouraged to discuss any technical and compatibility issues with our technical support