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SERVICE LEVEL AGREEMENT -
SLA
This Service Level Agreement ("SLA") applies to customers of
BiCoastal's IP transit services, dedicated server hosting services, and
co-located server hosting services only. It does not apply to customers of
BiCoastal's virtual hosting services or BiCoastal-branded connectivity services (e.g., DSL).
This SLA provides Customer with certain rights and remedies regarding the performance of the
BiCoastal Network. The "BiCoastal Network" means the
BiCoastal owned and operated Internet Protocol (IP) routing infrastructure through which
BiCoastal provides Internet connectivity and IP routing and transit to its customers. This Service Level Agreement applies only to Network Outages (as defined herein) on the
BiCoastal Network.
Availability Guarantee
BiCoastal's goal is to make the BiCoastal Network available to Customer free of Network Outages for 99.99% of the time. A "Network Outage" is an instance in which Customer is unable to transmit and receive IP packets from and to the public Internet for more than 15 consecutive minutes, excluding outages relating to
BiCoastal scheduled maintenance and upgrades, and also excluding outages in which the inability to transmit and receive IP packets is caused by the failure or non-performance of hardware or software used by or on behalf of Customer (whether owned by
BiCoastal or Customer).
Upon Customer's request (in accordance with the procedure set forth below),
BiCoastal will issue a credit to Customer for Network Outages occurring during any calendar month that are reported by Customer to
BiCoastal and confirmed by BiCoastal's measurements of the
BiCoastal Network. Such credit will be equal to one day's worth of the base service fee paid by Customer for such month, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages.
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the
BiCoastal Network caused by or associated with:
(a) failure of power, facilities, equipment, applications, systems or connections not provided by
BiCoastal;
(b) failure of access circuits to the BiCoastal Network, unless such failure is caused solely by
BiCoastal;
(c) General Telco failure;
(d) scheduled maintenance;
(e) DNS issues outside the direct control of BiCoastal;
(f) outage or error of any BiCoastal measurement system;
(g) Customer's acts or omissions, including without limitation, any negligence, willful misconduct, or use of the
BiCoastal Network or BiCoastal services in breach of BiCoastal Terms and Conditions and Acceptable Use Policy, by Customer or others authorized by Customer;
(h) any reason beyond the control of BiCoastal, including, without limitation, acts of
G-d or any governmental body, war, sabotage, fire, flood, earthquake or labor disturbance.
Measurement
BiCoastal will periodically (on average every 15 minutes) measure the
BiCoastal Network at the edge router using software and hardware components capable of measuring application traffic and responses at such measurement. Customer acknowledges that such measurements constitute measurements of traffic on the
BiCoastal Network but not other networks to which Customer may connect.
BiCoastal reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements will be posted to a website designated by
BiCoastal and made available to Customer.
Credit Request and Payment Procedures
Requests for credits must be made on the website designated by
BiCoastal. Each request in connection with a Network Outage must be received by
BiCoastal within seven days of the Network Outage.
Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, in any calendar month will not exceed the base service fee paid by Customer to
BiCoastal for such month.
Each validly requested credit will be applied to a Customer invoice within 2 billing cycles after
BiCoastal receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by
BiCoastal.
General
BiCoastal reserves the right to change or modify this SLA at any time without notice. Except as set forth in this SLA,
BiCoastal makes no claims regarding the availability or performance of the
BiCoastal Network.
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