dedicated server sla

SERVICE LEVEL ARRANGEMENTS FOR DEDICATED SERVERS (“THE SERVICE”)

DEFINITIONS

Dedicated Server Hardware any hardware which We provide to You as part of the Service.

Hardware Failure Minutes where a Hardware Failure is not corrected within 2 hours, the number of minutes in excess of that 2 hour period that the Hardware continues to fail (subject to the provisions of paragraph 5 below) during that calendar month rounded down to the nearest 30 minutes.

Network Our backbone network which, for the avoidance of doubt, does not including any portion of the circuit that does not transit Our backbone network or which is not within Our control.

Network Down Time Minutes the number of minutes of Network Down Time in a calendar month rounded down to the nearest 30 minutes.

Power the power supply to the dedicated server.

Power Down Time Minutes the number of minutes during which Power is not available (subject to the provisions of paragraph 3 below) in any calendar month rounded down to the nearest 30 minutes.

Server Software software which We provide to You as part of the Service.

NETWORK AVAILABILITY

We shall provide a full uptime Network availability level of 100%.

The Network will be considered as unavailable only:

i. during periods of Priority 1 or Priority 2 faults; and

ii. during periods of Unplanned Maintenance
(“Network Down Time”)

The Network will not be considered unavailable if the Network Down Time is due:

i. to data or components provided by you or programming errors made by You;

ii. to commands initiated by You, file transfers or system administration carried out by You;

iii. to work directed by You but performed by Us provided that where We are aware that such work is likely to cause a Service to be unavailable and We have notified such possibility to You;

iv. to Your actions or inactions which are reasonably within Your control and which do not involve any material cost to You;

v. to interruption of Internet connectivity between Your site and the hosting facility (except where we are providing such connectivity, unless such interruption is as a result of any of the matters covered by paragraphs i) to iv) above or paragraphs vi to viii) below);

vi. to delays in the supply or non-availability (for whatever reason other than our default) of software upgrades, updates, software and hardware fixes or releases from third parties;

vii. to Your lack of availability to respond to incidents which require Your participation for resolution. The times You are not available may include times that You have requested us not to contact You, such as times outside normal business hours; and

viii. to Planned Maintenance Events or Emergency Maintenance unless, in respect of the latter, the emergency situation has been created by Us or as a result of Our actions.

Should We fail to comply with Our obligations in this paragraph 2, you shall be entitled to a service credit as detailed in the paragraph 7.

POWER AVAILABILITY

We shall ensure Power availability of 99.995%. Power shall not be considered unavailable if such Power failure is caused by:

i. Your actions or inactions which are reasonably within Your control;

ii. the failure of the power supply unit within the Dedicated Server (which shall be considered a Dedicated Server Hardware Failure and covered by the provisions of paragraph 5 below);

iii. a Planned Maintenance Event or Emergency Maintenance unless, in respect of the latter, the emergency situation has been created by Us or as a result of Our actions

You must report any Power outage to us as soon as reasonably practicable. For the purposes of calculating in any Service Credits, the Power Down Time Minutes shall be calculated from the time at which you inform us of the outage in accordance with the support services matrix detailed below.

Should We fail to comply with Our obligations in this paragraph 3, You shall be entitled to a service credit as detailed in the paragraph 7.

MAINTENANCE EVENTS

Maintenance work that may require the interruption of the Network and/or Power (“Planned Maintenance Event”) shall not normally be performed during the hours of 9am to 5pm Monday to Friday (Greenwich Mean Time) (“Normal Business Hours”). We may interrupt the Network and/or Power outside Normal Business Hours for maintenance provided we provide you with least twenty four hours’ advance written notice.

Any Maintenance Events which occur during Normal Business Hours, or which occur with less than 24 hours’ notice, and which were not requested by You (“Unplanned Maintenance Events”), shall be considered to be Network Down Time or Power Down Time for the purpose of the service availability measurement.

Emergency Maintenance shall take place where We detect or otherwise suspect an imminent failure and we have no alternative than to take immediate corrective action.

DEDICATED SERVER HARDWARE

Where any of our Dedicated Server Hardware fails and such failure results in the Service being unavailable (“Hardware Failure”), We shall replace it within 2 hours from the time You report the failure to us.

A failure in our Dedicated Server Hardware shall not be classified as Hardware Failure if such failure is due:

i. to Your actions or inactions which are reasonably within Your control and which do not involve any material cost to You;

ii. to delays in the supply or non-availability (for whatever reason other than Our default) of hardware fixes or releases from third parties;

iii. to Your lack of availability to respond to any Hardware Failure which requires Your participation for resolution. The times you are not available may include times that You have requested Us not to contact You, such as times outside normal business hours.

You must report any Hardware Failure to us as soon as reasonably practicable. For the purposes of calculating in any Service Credits, Hardware Failure Minutes shall be calculated from the time at which you inform us of the failure in accordance with the support services matrix detailed below.

Should We fail to comply with Our obligations in respect of the Dedicated Server Hardware You shall be entitled to a service credit as detailed in the paragraph 7 below.

TECHNICAL SUPPORT SERVICES

Should you determine that a Service includes a defect, you shall notify us by contacting us on the following details:

E-mail: support@webhosting.uk.com

Tel No: 0808 2620855

We shall accept voicemail, e-mail and web form-based incident submittal by You 24 hours a day, seven days a week, subject to Priority 1 and Priority 2 events notified to Us by telephone as set out in the matrix below. We shall use reasonable endeavours to process support requests, issue trouble ticket tracking numbers if necessary, determine the source of the problem and respond to You. We shall use reasonable endeavours to respond to all support requests from You within the time periods specified below, according to priority. Measurement of Our response times shall end at the end of Normal Business Hours and shall recommence when Normal Business Hours recommence.

We shall determine the priority of any fault in accordance with the following table.

Priority	Description	Response time	Target resolution time
1.	The entire Service is completely inaccessible. Priority 1 incidents shall be reported by telephone only.	Within two Normal Business Hours.	Four Normal Business Hours. Continuous effort during Normal Business Hours after initial response and with your co-operation.
2.	Operation of the Services is severely degraded, or major components of the Service are not operational and work cannot reasonably continue. Priority 2 incidents shall be reported by telephone only.	Within four Normal Business Hours.	Within two Business Days after initial response.
3.	Certain non-essential features of the Service are impaired while most major components of the Service remain functional.	Within 12 Normal Business Hours.	Within seven Business Days after initial response.
4.	Errors that are, non disabling or cosmetic and clearly have little or no impact on the normal operation of the Services.	Within 24 Normal Business Hours.	When reasonably possible

If no progress has been made on a Priority 1 or Priority 2 incident within the target resolution time, the incident shall be escalated to a Level 2 Technician . If the incident is not resolved, then after each successive increment of the target resolution time the incident shall be escalated to a Level 3 Technician, followed by CTO, followed by the Managing Director.

SERVICE AVAILABILITY

We shall provide at least a 99.95% uptime service availability level (Uptime Service Level).

A Service will be considered as unavailable only:

i. during periods of Priority 1 or Priority 2 faults; and

ii. during periods of Unplanned Maintenance
(“Down Time”)

A Service will not be considered unavailable if the Down Time is due:

i. to data or components provided by you or programming errors made by you;

ii. to commands initiated by you, file transfers or system administration carried out by you;

iii. to work directed by you but performed by us provided that where we are aware that such work is likely to cause a Service to be unavailable and we have notified such possibility to you;

iv. to your actions or inactions which are reasonably within your control and which do not involve any material cost to you;

v. to interruption of Internet connectivity between your site and the hosting facility (except where we are providing such connectivity, unless such interruption is as a result of any of the matters covered by paragraphs i) to iv) above or paragraphs vi to viii) below);

vi. to delays in the supply or non-availability (for whatever reason other than our default) of software upgrades, updates, software and hardware fixes or releases from third parties;

vii. to your lack of availability to respond to incidents which require your participation for resolution. The times you are not available may include times that you have requested us not to contact you, such as times outside normal business hours; and

viii. to Planned Maintenance Events or Emergency Maintenance unless, in respect of the latter, the emergency situation has been created by us or as a result of our actions.

SERVICE CREDITS

If availability falls below the Uptime Service Level in any given calendar month (“Service Delivery Failure”), we shall credit your account by an amount calculated in accordance with the formula below (“Service Credit”):

C = (A/30) * B

Where:

A = the aggregate number of Down Time minutes in any calendar month rounded down to the nearest 30 minutes

B = 5% of the monthly fee associated with the relevant Service

C = the Service Credit amount

For the avoidance of doubt, where a Service starts part way through a calendar month, B shall, for that initial month, equal 5% of the pro rata fee due and payable.

A Service Credit shall not be payable unless you request it within 40 days of the end of the calendar month in respect of which the Uptime Service Level was not met. The maximum Service Credit allowable in a given month is limited to the total monthly Fee payable for that month.

You acknowledge and agree that the terms of this service level agreement relating to service credits do not operate by way of penalty and constitute a genuine attempt to pre-estimate loss.