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 DC1 located Menara Aik Hua, Changkat Raja Chulan, Bukit Bintang, 50200 Kuala Lumpur, Malaysia or DC2 at CX2 Computer Exchang, 7118 Jalan Impact, 63000 Cyberjaya, Selangor, Malaysia
“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.
“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:
Where:
“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 :
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.
Components Excluded
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:
Scheduled or routine maintenance or reconfiguration of the Network or EVERWORKS™ equipment, including without limitation: –
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.
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 | +603-5110 8888 |
[email protected] | |
Fax | 03-8800 6666 |
Online Support Ticketing System | http://support.everworks.com |
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:
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.
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.