our goal is to maintain network availability
to all servers 100% of the time. This SLA
applies to all Shared, Dedicated and Colocated
Credit Requests: Upon Client’s
written request to ServerRack (made within
five (5) business days of the last month in
which the network downtime occurred), Client
shall be entitled to a service credit equal
to the pro-rated charges for one day of Services
for each cumulative 30 Minutes of network
downtime. Network downtime shall exist when
a particular Client port is unable to transmit
and receive IP packets due to a ServerRack
network outage and ServerRack records such
failure in the ServerRack trouble ticket system.
Network downtime is measured from the time
the trouble ticket is opened to the time the
service is again able to transmit and receive
Exceptions to Credit: Service credits
will not be available to Clients in cases
where services are unavailable as a result
of any of the following conditions:
or omissions of Client, its employees, contractors
or agents or its End Users or use of the
ServerRack network or services in breach
of ServerRack’s Terms and Conditions
and Acceptable Use Policy.
or malfunction of equipment, applications,
or systems not owned or controlled by ServerRack.
or causes beyond the control of ServerRack,
including instances of Force Majeure, inability
to obtain materials, supplies, power, or
equipment needed in the provisioning of
the service; failure of access circuits
to ServerRack network (unless failure is
caused solely by ServerRack); general Telco
failure; DNS issues outside the direct control
service maintenance, alteration, or implementation.
Credit Limits and Termination Option:
The total amount credited to any Client in
connection with network downtime will not
exceed the base access fee paid by client
for such month. Each validated credit will
be applied to the Client invoice within 2
billing cycles of receipt of request. Credits
do not include any applicable taxes. Credits
will only be applied to the month in which
the downtime occurred.
In any of
the following events, a Client may terminate
their contract without penalty by written
notice to the ServerRack within five (5) business
days of the end of the calendar month in question.
Such termination will be effective forty-five
(45) days after receipt of written notice.
Client will be required to pay all outstanding
balances and any de-install charges applicable
to the return of client equipment, (i.e. shipping,
calendar month where a client is eligible
to receive credits totaling fifteen (15)
or more days caused by three (3) or more
Any single event in a calendar month of
eight (8) consecutive hours of network downtime.
Any number of events entitling Client to
twenty-four (24) days of credit.
Maintenance: Scheduled maintenance
will be performed during a standard maintenance
window on Tuesdays and Thursdays from midnight
to 6AM EST or with advance notice to Client.
Notice of scheduled maintenance will be provided
to Client by telephone, email, or fax. The
following circumstances fall under such maintenance
of hardware or software.
Upgrades to increase capacity.
Efforts to correct the ServerRack IP Network
which are likely to cause a service outage.
General: ServerRack reserves the
right to change or modify this SLA. Except
as set forth in this SLA, ServerRack makes
no claims regarding the availability or performance
of the ServerRack network.