Version 2.0 | Last update: 14 September 2010
In this SLA, unless the context otherwise requires:
“Compensation” means the compensation in terms of Service Credits accruing to the Customer in accordance with this SLA. “Data Centre” means Jaring Data Centre at Mimos Berhad, TMNET Datacenter in Cyberjaya, and AIMS Datacenter in Kuala Lumpur.
“Network” means the network owned, operated and maintained by Data Centre or EVERWORKS utilised for the provision of the Services, commencing from Data Centre’s Router (CPE) to the Server Equipment or such server upon which the Customer’s applications or data reside including the communications cables, hardware and software, routers and peripheral equipment situated at the Data Centre, but shall exclude the communications facilities and equipment of third party carriers and communications facilities between the Customer premises and the public switched telecommunications network; and End-to-end Network availability shall refer to availability solely within the Network.
“Qualifying Fault” means a fault leading to a total loss of Service, i.e. no transmission of signal in one or both directions for a period of not less than three (5) consecutive minutes.
“Server Equipment” means the Customer’s equipment detailed in EXHIBIT C: Equipment Installation / Remove Form(s) to the Server Co-location Server Agreement, to be situated at a designated area in the Data Centre.
“Service” means the services provided to the Customer pursuant to the Server Colocation and Dedicated Server Agreement, whereby EVERWORKS provides communications connectivity and a suitable environment for the location of the Server Equipment.
“Service Credits” means a percentage of the monthly fees and charges due for the Services. The maximum sum of all Service Credits applied in a single calendar year shall be no more than the aggregate of two (2) month’s Service Fees (excluding any set-up fees, fees payable for hardware, and other equipment) payable pursuant to the Web Hosting and Colocation Agreement.
EVERWORKS agrees that it will credit the Customer’s account with the applicable Compensation if EVERWORKS fails to meet the Service Level Objectives set out in this SLA, during any given calendar month.
At the end of each calendar month, EVERWORKS shall determine the number of minutes/occurrences for that calendar month that the Service has failed to meet the agreed Service Level Objectives and generate a report in respect of the performance of the Services measured in accordance with the Service Level Definitions set out herein. This information shall be used by EVERWORKS to determine the amount of Compensation, if any, due to the Customer in accordance with the applicable Tables herein.
Compensation shall be paid by EVERWORKS to the Customer only in the form of Service Credits to be set off against the Fees and Charges payable to EVERWORKS pursuant to the Server Co-location Server and Dedicated Server Agreement, and such Service Credits will be credited to the Customer’s account within thirty (30) days of the date upon which the reports referred to in Clause 2.2 are issued.
In the event that the Customer disputes EVERWORKS report on the service levels of the Service and/or the amount of the Compensation due to the Customer, the Customer shall not be entitled to the Compensation specified, until and unless the dispute has been resolved.
In the event that EVERWORKS fail to meet the Service Level Objectives set out in this SLA, Customer can terminate the Service Order with just 30 days written notice and EVERWORKS will refund up to 2 months subscription fee from the yearly subscription fee.
“Network Availability” shall mean End-to-end Network availability of the Network calculated in accordance with Clause 3.2 below. Failure to meet the Service Level Objectives for Network Availability will entitle the Customer to the following Service Credits.
Table 1. Service Availability and Applicable Service Credits:
|SERVICE AVAILABILITY (X)||APPLICABLE SERVICE CREDITS (% OF MONTHLY FEE)|
|Where x > 99.9% ( 8 hours a year )||None|
|99.9% > x > 99.0%||15 %|
|Where x < 99.0%||25 %|
Network Availability – Measurement Measurement of Network Availability is based on a trouble tickets system where the Customer reports Qualifying Faults to EVERWORKS. Network Availability is measured monthly as follows:
“Available” time is calculated by taking 24 hours x the number of days in the applicable month.
“Unavailable” time is calculated from the time a Qualifying Fault is either :
a) reported by the Customer via telephone to EVERWORKS and acknowledged by EVERWORKS as a Qualifying Fault; or
b) detected by EVERWORKS, if this precedes the Customer’s notification;
until the time when EVERWORKS restores or attempts to restore the Network, as the case may be. EVERWORKS shall notify the Customer when the Qualifying Fault is remedied and if the Customer does not dispute this within 20 minutes of the notification, the Qualifying Fault is deemed to be remedied at the time of notification by EVERWORKS. Any delay in response by the Customer does not count towards Unavailable time.
Only Qualifying Faults shall be included in the calculation of Unavailable Time. The following shall be excluded from any outage time when calculating Network Availability:
a) Failure of any Customer or third party components both within and outside EVERWORKS Network;
b) Scheduled or routine maintenance or reconfiguration of the Network or EVERWORKS equipment, including without limitation: –
i) Maintenance by local public telecommunications and telegraph service provider (PTT) on access circuits between Datacentre and the Customer’s sites.
ii) Maintenance (hardware or software) made on a local Datacentre node or on the EVERWORKS Equipment on the Customer’s premises/site.
iii) Maintenance (software) made globally on Datacentre Network.
In respect of item (a), EVERWORKS will notify the Customer as soon as the local PTT notification of the maintenance activities is received. In respect of item (b), EVERWORKS will endeavour to give reasonable notice of any scheduled downtime, which may affect the Network Availability.
Qualifying Faults may be reported by the Customer to EVERWORKS 24 hours per day 365 days per year during the currency of this SLA.
In the event of a Qualifying Fault, the Customer shall first conduct preliminary diagnostic tests to determine that the fault is a Qualifying Fault and arises from EVERWORKS Network. In the event that the Customer genuinely believes that the fault is on EVERWORKS Network, the Customer shall notify the Data Centre in the following manner :
|METHODS||EVERWORKS CVS SUPPORT SYSTEM|
|Main Hotline||+603-78063550 / +6012-2777010 / +6012-3533886|
|Online Support Ticketing System||http://support.everworks.com.my/support|
Once the Qualifying Fault is remedied, EVERWORKS shall notify the Customer thereof in accordance with any of the above manners and if the Customer does not dispute that the Qualifying Fault has been remedied within 20 minutes thereof, the Qualifying Fault is deemed to have been remedied.
EVERWORKS shall not be liable to pay the Compensation for failure to meet any of the guaranteed Service Level Objectives where such failure arises from the following:
Faults caused by Customer’s Equipment, applications, interconnected equipment, networks, systems or gateways and/or the acts or omissions of the Customer, EVERWORKS or Datacentre scheduled maintenance or the acts or omissions local exchange carrier or failure of third party services.
Disconnection and/or reconnection of the Services due to non-payment of any charges payable to EVERWORKS or where the Services are disconnected by reason of it being used for any illegal or unlawful purpose.
Faults arising from reasons beyond EVERWORKS reasonable control and Force Majeure events including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts of omission of any person for whom EVERWORKS is not responsible or any causes whether similar or otherwise outside EVERWORKS control.
Scheduled maintenance of the Network, in respect of which EVERWORKS will notify the Customer withing 30 days in advance.
Conventional server maintenance ie. server reboots, quick shutdown and restart of certain services and/or application.
The Parties agree that only measurements carried out by EVERWORKS shall be used for the calculation of service levels, and any report of findings thereof shall be conclusive evidence of the actual service levels of the Service and/or Network.
The Service Level Objectives shall not apply during any trial period of the Service, and this SLA does not come into effect until after the end of the first month of the Service has been provided.
Unreported outages will not be counted as unavailable time.
Except for the Compensation in accordance with this SLA for failing to meet the Service Level Objectives, EVERWORKS shall not be liable to the Customer or any person claiming through the Customer for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence of EVERWORKS, its employees or agents), or otherwise.
Termination of the Service or any part thereof shall be without prejudice to all the Customer’s accrued liabilities. The Customer shall be responsible for any charges associated with the termination of the Services.
The undersigned Customer hereby agrees to all of the attached Terms contained in this Agreement and to EVERWORKS Supplementary Co-location Services Agreement for Customer. The authorised individual name(s) that stated in our Network Access Authorisation Form represents and warrants that he/she has been authorized to act as a representative for the Customer, and allow accessing the organization’s equipment and taking requests, assigned task as specified to EVERWORKS on behalf of the organization. The Customer also agrees that all remote hand supports can only be carried out if accurate details are given when calling, emailing, or SMS the EVERWORKS Hotline Support.