This policy applies to NetActuate site www.netactuate.com and all affiliated websites that link to this Policy (collectively referred to herein as the “Sites”, “NetActuate”, “we” or “us”).
This NetActuate Service Level Agreement (“SLA”) is incorporated in and forms an integral part of the NetActuate Terms of Service (“TOS”) of NetActuate Inc., a Delaware corporation. All capitalized terms used in this SLA shall have the meaning set forth in the TOS, unless otherwise expressly provided.
1. Service Level
- Goal: NetActuate’s goal is to achieve 99.9% uptime as measured by our 3rd party monitoring service, pingdom at up.vr.org (http://up.vr.org). Excludes planned and unplanned (emergency) maintenance.
- Remedy: Subject to Sections 2 and 3 below, if the uptime of Your NetActuate Service is less than 99.9%, you may request a credit up to 5% of the monthly fee for each 30 minutes of downtime (up to 100% of your monthly fee for the affected server).
2. SLA Exceptions
You shall not receive any credits under this SLA in connection with any failure or deficiency of uptime caused by or associated with:
- circumstances beyond our reasonable control;
- scheduled maintenance and emergency maintenance and upgrades;
- force majeure events, including but not limited to acts of God, fire, explosion, hurricane, flood or other catastrophe, acts or omissions of suppliers, inability to obtain raw materials/supplies/power, any law, order or regulations or request of any governmental entity, national emergency, terrorist activities, insurrections, riots, labor disputes, embargo, strike or work stoppages or disruptive labor activities, global or natural disasters or like events, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers or sabotage, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts), all required for provision of this SLA;
- outages that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
- failure of access circuits to the our network, unless such failure is caused solely by us;
- DNS (Domain Name Server) Propagation and other DNS issues outside our direct control (we are not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it; we provide guarantee only for those areas considered under our control: our server links to the Internet, our routers, and our servers);
- customer access issues that we do not control: FTP, POP, IMAP, or SMTP;
- false SLA breaches reported as a result of outages or errors of any NetActuate measurement system;
- e-mail or webmail delivery and transmission;
- outages elsewhere on the Internet that hinder access to your account;
- your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python, etc.), any negligence, willful misconduct, or use of the NetActuate Services in breach of the TOS, including the AUP.
3. Credit Request and Payment Procedures
To receive a credit, you must make a request by sending an e-mail message to firstname.lastname@example.org. Each e-mail request MUST include the service/product/domain affected in the “Subject” line, along with a written itemized description of the issue, your product/service from your latest invoice, date and time with timezone of the service interruption/unavailability of your NetActuate Service. This itemization must be in sufficient detail for us to identify the issue and must be received by NetActuate within twenty-four (24) hours after your NetActuate Service was not available. If the unavailability is confirmed by NetActuate, credits will be applied within two billing cycles after NetActuate’s receipt of the your credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to you in a particular month under this SLA shall not exceed the total fee paid by you for such month for the affected NetActuate Services. Credits are exclusive of any applicable taxes charged to you or collected by NetActuate and are your sole and exclusive remedy with respect to any failure or deficiency in the availability of the NetActuate Services.
April 12, 2016