Definitions
For purposes of this Service Level Agreement (“SLA”), the following terms have the meanings set forth below:
- “FlexCloud ServerTM” and “Server” means Customer’s rented capacity on our FlexCloud infrastructure in accordance with the FlexCloud Server Hosting Order Form.
- “Day Credit” is calculated as one thirtieth (1/30) of the monthly recurring usage rate paid by Customer. In the case where Customer purchased a Server on an annual or quarterly plan, Day Credit will be calculated by dividing the annual rate by 360 or the quarterly rate by 90.
- “Infrastructure Issue” means non-functioning of any data center critical systems including power and HVAC infrastructure including UPS equipment and cabling, but does not include power supplies of individual servers.
- “Network Issue” means when Customer is unable to transmit to and receive data from the Server for less than 100% ofthe time in a given calendar month, excluding scheduled or emergency maintenance. The Network includes routers, switches, backbone connections and cabling, but does not include services or software running on the server(s) that may affect the performance or availability of the network.
- “Operational” means that Customer’s FlexCloud Server responds to a Hostway-initiated ‘ping-test.’
- “TOU” means the Terms of Use available online at http://www.hostway.com/legal/terms_of_use.html (or such other URL as Hostway may designate from time to time) and to which Customer agreed when signing up for Hostway’s services.
FlexCloud Server™ SLA
Our FlexCloud ServerTM infrastructure incorporates high availability features including automated failover of instances, fully redundant hosting (via our infrastructure, network, and storage hardware), and enterprise class storage area networks to increase performance and reliability. Hostway deploys, operates and maintains cloud computing infrastructure and our services include the provisioning capacity on this cloud infrastructure.
Each individual FlexCloud ServerTM will deliver 100% uptime (excluding scheduled or emergency maintenance) within the Hostway network subject to the terms of this SLA. Only problems known to Hostway in the hardware and hypervisor layers that deliver the FlexCloud ServersTM are considered failures or "downtime" under this SLA. For each one (1) hour period that the FlexCloud ServerTM experiences downtime, Customer may receive an additional Day Credit provided, however, the total number of Day Credits available to Customer in a particular month will be limited to thirty (30).
Network Support SLA
Hostway’s network will be available to Customer free of outages 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should a Network Issue occur, Customer may request and Hostway will issue to Customer a Day Credit for each hour of such downtime. A Network Issue is measured from the time the trouble ticket was received by Hostway to the time the FlexCloud ServerTM is able to transmit and receive data. For each additional one (1) hour period that the FlexCloud ServerTM is not Operational due to a Network Issue, Customer may receive an additional Day Credit provided, however, the total number of Day Credits available to Customer in a particular month will be limited to thirty (30).
Under no circumstances will failures occurring beyond the Hostway network, whether in whole or in part, fall under the terms of this SLA.
Infrastructure SLA
Hostway’s critical systems, including power and HVAC, will be available 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should an Infrastructure Issue occur, Customer may request and Hostway will issue to Customer a Day Credit for each hour of such downtime. Critical systems downtime exists if the FlexCloud ServerTM is shut down due to power or heat problems and a ticket is opened for the issue in the Hostway ticket tracking system. An Infrastructure Issue is measured from the time the ticket is opened to the time that Hostway records the problem as resolved. For each additional one (1) hour period that the FlexCloud ServerTM is not Operational due to an Infrastructure Issue, Customer may receive an additional Day Credit provided, however, the total number of Day Credits available to Customer in a particular month will be limited to thirty (30).
Maintenance Window
Customer acknowledges and agrees to the weekly scheduled maintenance windows, Monday nights between the hours of 23:30 CST (Monday) – 02:30 CST (Tuesday). Customer can view maintenance schedules in the Cloud Console. Hostway will not notify Customer of any regularly scheduled maintenance windows. Hostway will notify Customer of any planned downtime resulting from scheduled maintenance activities at least seven (7) days in advance of such maintenance activity. In the event of planned downtime resulting from unscheduled maintenance activity, Hostway will make a good faith effort to notify Customer in advance and come to an agreement on a time for such maintenance activity. Customer understands and agrees that Hostway reserves the right to conduct an emergency maintenance window at any time, during which any or all of Hostway’s services may be unavailable, and Hostway may not be able to, nor will Hostway be obligated to, provide the Customer with advance notice in case of such emergency.
Any Server unavailability resulting from any scheduled or emergency maintenance windows as discussed in the foregoing paragraph will be excluded from uptime calculations and will not be eligible for Day Credits.
Exceptions
Customer is eligible to receive credits under this SLA only if Customer is in good standing with Hostway and is not delinquent in payment or in violation of the TOU. Customers will not receive any Day Credits under this SLA in connection with any failure caused by or associated with circumstances beyond Hostway’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in Customer telecommunications or third party services, the failure of any third party software, or scheduled or emergency downtime of the FlexCloud ServerTM or Hostway Network for repair, replacement, or maintenance of any software, hardware, or network component thereof. Furthermore, Customer will not receive any Day Credits under this SLA in the event that the FlexCloud ServerTM is unavailable as a result of Customer’s acts or omissions (or acts or omissions of other parties, including Customer’s end users, engaged or authorized by Customer), and this includes without limitation, any negligence or willful misconduct, or any request to re-install anything other than the currently supported version of an operating system in connection with a hardware failure.
Customer will not receive any Day Credit under this SLA for any outage or service interruption resulting from Customer’s failure to timely pay fees as they become due.
Credit Request and Payment Procedures
To apply to receive a Day Credit, Customer must email support@hostwaycloud.com with the FlexCloud ServerTM name, customer ID, date(s) and time(s) of the failure within 72 hours of the incident. Hostway reserves the right to refuse any incomplete credit requests. All Day Credits will be applied on Customer’s account toward future payments. Hostway will not issue Day Credits as a refund by cheque or any other payment method.
Last updated: March 22, 2012
