Service Level Agreement
Our Service Level Agreement (SLA) has serious teeth. You can read through all the nitty-gritty details below, but before you dig in let’s just start with this tasty morsel: 24x7x365 network uptime, 100% total satisfaction. Okay, let’s do this…
This Service Level Agreement (the “SLA”) governs the use of all products and services (collectively, the “Services”) offered by FiberConX to its customers (“Customer”).
Service Commitment
FiberConX is committed to providing services to its Customers at a standard of excellence commensurate with the best practice in the industry. Network uptime and server availability are of the highest importance. The following service levels are designed to assure Customers of ultimate performance and maximal uptime.
Server Hardware Replacement
FiberConX guarantees the functioning of all hardware, including servers, CPU’s, cabling and associated server hardware, firewalls, load balancers, and storage area networks, and will replace any failed component at no cost to Customer within eight business hours following FiberConX’s receipt of Customer’s trouble ticket concerning the hardware issue and FiberConX’s identification of the failed hardware (the “Replacement Guarantee”). “Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. The Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to hardware during Maintenance, as defined below.
Power Availability
FiberConX guarantees that its power will be available 100% of the time in a given month, excluding Maintenance, as defined below. “Infrastructure Downtime” means: (a) the FiberConX power is not available and (b) Customer submits a FiberConX trouble ticket detailing the unavailability of the FiberConX power resulting in Customer downtime. Infrastructure Downtime does not include downtime issues related to power supplies on Customer’s servers, load balancers, or switches.
100% Network Uptime
FiberConX guarantees that the FiberConX network will be available 100% of the time, excluding Maintenance, as defined below. Customer is eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by FiberConX’s technical support team. “Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by FiberConX, excluding Maintenance, but including managed switches, routers, and cabling.
Bandwidth Allocation
FiberConX will provide a guaranteed five-minute average network bandwidth to all Users. Unless otherwise agreed to in a Service Level Agreement, the Bandwidth Allocation will be as follows:
- for Virtual Private Servers, the five-minute average will be 15Mbps with occasional bursting to a maximum of 25Mbps;
- for Dedicated Private Servers, the five-minute average will be 10Mbps with occasional bursting to a maximum of 25Mbps.
Maintenance
“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance in the FiberConX datacenter of which Customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the FiberConX datacenter that: (a) in FiberConX’s sole discretion, is necessary to avoid an immediate threat to the FiberConX datacenter or Customer’s server and (b) of which Customer is notified.
Remedies
In the event FiberConX fails to meet the Replacement Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, FiberConX will apply a credit (“Credit”) to Customer’s account in an amount equal to five percent (5%) of the Net MRC for the affected account for each hour of downtime or fraction thereof. “Net MRC” means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. The Credits described in this SLA will be Customer’s exclusive remedy and FiberConX’s entire liability for any breach of any warranty of performance or service contained in this SLA. In order to claim Credits, Customer must open a FiberConX trouble ticket. All downtimes will be measured from the time the ticket is received and validated by FiberConX to the time FiberConX, in its sole discretion is able to resolve the issue. Customer may not receive more than one Credit per affected configuration per incident and in no event will Customer receive greater than 33% of one month’s Net MRC in Credit for any given month regardless of the number of incidents. Customer must be a FiberConX customer in good standing to receive the Credit. No Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Credit are met. Upon cancellation of the Customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances. Credits are not transferable.
Exceptions
Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) application, software, or operating system failure, (iii) the result of network maintenance activity, (iv) Denial of Service attack, hacker activity, or other malicious event or code targeted against FiberConX or a FiberConX Customer, or (vi failure of any Network or Internet Infrastructure not owned or managed by FiberConX. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.