Service Level Agreement – Dedicated Server
Network SLA Exclusions
Many possible situations are completely beyond the control of Simcentric, and therefore are not in the scope of this SLA. These situations include:
- Scheduled Network Maintenance – occasionally network maintenance will be required. Simcentric will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail / QQ message we have on file. Scheduled maintenance periods are not eligible for SLA credits.
- Hardware Maintenance – on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Simcentric will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
- Malicious Attacks – if a third party not associated with Simcentric initiates a “Denial of Service” or other form of disabling attack against your Dedicated Server or major portions of our network, Simcentric will do everything in its power to stop the attack, but cannot guarantee a resolution time.
- Legal Actions – In the case that a legal action is taken against a customer of Simcentric and Simcentric is required to act in accordance with the order, Simcentric shall not be responsible for any SLA damages.
Network SLA Remedy
In the event that Simcentric does not meet this SLA, Server Hosting clients will become eligible to request compensation for downtime reported by service monitoring logs. If Simcentric is or is not directly responsible for causing the downtime, the customer will receive a credit for the actual amount of downtime.
All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Simcentric’s Terms of Service or if the account is in default of payment.
In the event of a network outage, Simcentric will credit the monthly service charge for the following month’s service as calculated below and measured 24 hours a day in a calendar month, with the maximum credit not to exceed 50% of the monthly service charge for the affected month.
*Network outage means any outage in which end users are unable to access the client’s site, due to a failure in Simcentric’s network.
Simcentric will ONLY be held responsible for its network and not for general conditions on the Internet. Delays that occur outside Simcentric’s routers caused by backbone failures, congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service and high packet loss or similar conditions, cannot be guaranteed by Simcentric.
Simcentric guarantees the functionality of all dedicated server hardware components and will replace any failed component at no cost to the client. Hardware repair/replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 4 hour of problem identification. Hardware is defined as the Processor(s), RAM, Hard Disk(s), Motherboard, NIC Card, and other related hardware included under the server lease. The time required to repair/replace hardware does not include software reinstallation and/or data recovery from backup tapes/disks (time frame depends on size of disk and amount of data). In the event that it takes us more than 4 hour to repair/replace faulty hardware within the limits defined above, Simcentric will credit the client 5% of the monthly fee per additional hour of down time (up to 50% of client’s monthly fee).
In order for Simcentric to backup the data on your dedicated server you must purchase an appropriate backup service or a service plan that includes backup services.
Service Credit Request
In order for you to receive a credit on your account, you must request such credit within 5 business days after you experience hardware failure or network outage. Please follow these steps: send a request via email to firstname.lastname@example.org, include all support ticket numbers in your e-mail, server IP, the address shown on the invoices, dates and times of unavailability of your server and all other additional information. Credits will usually be applied for the following month’s service within 30 days of acceptance of the request. Credit to your account shall be the sole and exclusive remedy in the event that there is a network outage or hardware failure.
Claim Review Process
All claims must be submitted via e-mail to email@example.com Claims will be acknowledged within two business days and reviewed within seven business days of receipt. Upon coming to a decision, you will be notified via e-mail / QQ message whether the appropriate service credit will be issued on the next invoice or reject the claim by specifying the basis for rejection.