Service Level Agreement

At ServerRack, our goal is to maintain network availability to all servers 100% of the time. This SLA applies to all Shared, Dedicated and Colocated hosting plans.

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 data.

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:

The acts 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.

The failure or malfunction of equipment, applications, or systems not owned or controlled by ServerRack.

Circumstances 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 of ServerRack.

Scheduled 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, etc):

Any single calendar month where a client is eligible to receive credits totaling fifteen (15) or more days caused by three (3) or more events.

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 provisions:

Upgrades of hardware or software.

Upgrades to increase capacity.

Efforts to correct the ServerRack IP Network which are likely to cause a service outage.

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.



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