Service Level Agreement - Umbee Hosting

The Umbee Service Level Agreement (SLA) is simple, straight-forward and succinct.

Service-level headlines include: 4-hour response, 1-hour hardware replacement and 99.99% network uptime (outside of maintenance). This Service Level Agreement (the “SLA”) governs the use of all products and services (collectively, the “Services”) offered by UMBEE, its parent company, and their affiliates and subsidiaries to our customers (“Customer”).

 

Service Commitment

UMBEE is committed to providing services to our Customers at a level of excellence commensurate with the best practice within our industry. Network uptime and server availability are of the highest importance and the following service levels are designed to assure our Customers of ultimate performance and maximal uptime.

 

Server Hardware Replacement

UMBEE guarantees the functioning of all hardware, including servers, CPUs, cabling and associated server hardware, firewalls, load balancers, and storage area networks, and will replace any failed component (at no cost to the Customer), within one hour following receipt by UMBEE of the Customer’s trouble ticket concerning the hardware issue, and UMBEE’s identification of the failed hardware (the “Replacement Guarantee”). “Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and any other related hardware listed within the Service. The Replacement Guarantee does not include the time required to rebuild a RAID array or the reloading of operating systems and applications or any changes to hardware during Maintenance, as defined below.

 

Power and HVAC Availability

UMBEE guarantees that its power and HVAC systems will be available 99.99% of the time in a given month, excluding Maintenance, as defined below. “Infrastructure Downtime” means: (a) the UMBEE power or HVAC systems are not available and (b) Customer submits a trouble ticket to UMBEE, detailing the unavailability of the UMBEE power or HVAC systems, resulting in Customer downtime. Infrastructure Downtime does not include downtime issues related to power supplies on Customer’s servers, load balancers, or switches.

 

99.99% Network Uptime

UMBEE guarantees that the UMBEE network will be available 99.99% of the time, excluding Maintenance, as defined below. Our Customers are eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by UMBEE’s technical support team. “Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment that is managed and owned by UMBEE, excluding Maintenance, but including managed switches, routers, and cabling.

 

Maintenance

“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance in the UMBEE data centre of which Customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the UMBEE data centre hat: (a) in UMBEE’s sole discretion, is necessary to avoid an immediate threat to the UMBEE data centre or Customer’s server and (b) of which Customer is notified.

 

Remedies

In the event UMBEE fails to meet the Replacement Guarantee or the customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, UMBEE will apply a credit (“Credit”) to Customer’s account in an amount equal to five percent (5%) of the Net MRC (Monthly Recurring Charges), for the affected account for each hour of downtime or fraction thereof. “Net MRC” means the monthly recurring charge for the 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 UMBEE’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 trouble ticket with UMBEE. All downtimes will be measured from the time the ticket is received and validated by UMBEE to the time UMBEE, 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 Customers receive greater than one month’s Net MRC in Credit for any given month regardless of the number of incidents. Customers must be an UMBEE 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.

 

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 authorised by the 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 UMBEE or an UMBEE Customer, or (vi failure of any Network or Internet Infrastructure not owned or managed by UMBEE. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.

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