Phase Networks LLC - Service Level Agreement(SLA)
Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 8:00am – 10:00pm (EST) After-hours support will incur a $150.00 an hour labor fee, billed in ½ increments in effect from 10:01pm – 7:59am (EST) ePhase Networks LLC will not perform maintenance, security checks, or management without client initiating such request. ePhase Networks LLC does not take responsibility for the overall security of servers.
Co-Location Services is defined as servers that are property of the Clients, renting; ;rack space, bandwidth, and Ethernet ports from ePhase Networks LLC. Client is responsible for supplying replacement parts, and software media. ePhase Networks LLC may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved ePhase Networks LLC representatives. All services performed on the Clients servers are subject to and a $75.00 an hour labor fee. ePhase Networks LLC does not take responsibility for the overall security of servers.
Network Uptime is the total time in a calendar month that ePhase Networks LLC network is available through the Internet, provided that Client has established connectivity. ePhase Networks LLC takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in ePhase Networks LLC’s Network as confirmed by ePhase Networks LLC. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any ePhase Networks LLC scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
SLA Network Violation Credit occurs when our network uptime guarantee is not met. ePhase Networks LLC will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail our sales department, within 10 days of reported violation, at: sales@ephasenetworks.com.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST and applied on the 1st business day of the next month. *Network violation SLA credit does not cover server hardware failure.*
· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of ePhase Networks LLC’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Server Hardware for Dedicated, or Co-Located Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.
Hardware replacement will occur within 6 hours of the reported problem, ePhase Networks LLC will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@ephasenetworks.com.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*
· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
·Scheduled downtime
· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, ePhase Networks LLC will restore the system to original state.
ePhase Networks LLC is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. ePhase Networks LLC shall not be liable for loss of data under any circumstance.
*Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in ½ hour increments during office hours between 8:00am – 10:00pm (EST) After-hours support will incur a $150.00 an hour labor fee, billed in ½ increments in effect from 10:01pm – 7:59am (EST) ePhase Networks LLC will not perform maintenance, security checks, or management without client initiating such request. ePhase Networks LLC does not take responsibility for the overall security of servers.
Co-Location Services is defined as servers that are property of the Clients, renting; ;rack space, bandwidth, and Ethernet ports from ePhase Networks LLC. Client is responsible for supplying replacement parts, and software media. ePhase Networks LLC may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved ePhase Networks LLC representatives. All services performed on the Clients servers are subject to and a $75.00 an hour labor fee. ePhase Networks LLC does not take responsibility for the overall security of servers.
Network Uptime is the total time in a calendar month that ePhase Networks LLC network is available through the Internet, provided that Client has established connectivity. ePhase Networks LLC takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in ePhase Networks LLC’s Network as confirmed by ePhase Networks LLC. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any ePhase Networks LLC scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
SLA Network Violation Credit occurs when our network uptime guarantee is not met. ePhase Networks LLC will refund the customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail our sales department, within 10 days of reported violation, at: sales@ephasenetworks.com.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST and applied on the 1st business day of the next month. *Network violation SLA credit does not cover server hardware failure.*
· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of ePhase Networks LLC’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Server Hardware for Dedicated, or Co-Located Servers Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless client provides their own switch.
Hardware replacement will occur within 6 hours of the reported problem, ePhase Networks LLC will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@ephasenetworks.com.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*
· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability:
·Scheduled downtime
· Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, ePhase Networks LLC will restore the system to original state.
ePhase Networks LLC is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. ePhase Networks LLC shall not be liable for loss of data under any circumstance.
*Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
