NET-E-FX provides Internet World Wide Web page hosting,
Marketing, and Development. NET-E-FX endeavors to have the
content of your Web site available and to meet certain guarantees. This
Service Level Agreement ("SLA") outlines those agreements and guarantees.
NET-E-FX retains sole discretionary power when determining if
a guarantee has not been met.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any NET-E-FX client in
good financial standing with NET-E-FX at the time of a
service outage.
(2.) Service Level Agreement & Specifications
NET-E-FX endeavors to have the content of your web site
available for http access by any party in the world 99.9% of the time.
Network downtime (unavailability) is defined as 100% packet loss from NET-E-FX to its backbone providers. Downtime is measured past 10
minutes after notification of network failure via NET-E-FX's
online ticketing system. If the ticketing system itself is unreachable,
the ticket must be started by calling the NET-E-FX NOC. NET-E-FX's administrators will determine the end of the downtime
by a trace-route to the customer's machine from outside the NET-E-FX network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not available for
more than 99.9%, NET-E-FX will credit the following month's
service fee as follows. For any shared hosting client, such credit shall
be retroactive and shall be as calculated below and as measured 24 hours a
day in a calendar month, with the maximum credit not to exceed fifty (50)
percent of the monthly service charge for the affected month.
Monthly Uptime Credit 95% to 99.8%: 10%; 90% to 94.9%: 20%; 89.9% or below: 50%
b. Managed Dedicated Servers - For managed dedicated server customers if
the uptime is between 98.9% and 99.9% for any particular month the credit
shall be retroactive and equivalent to the difference between the
guaranteed level of availability of the customer's services during the
month and the calculated actual level of availability of the customer's
services, multiplied by the actual charges incurred by the customer for
the services during that month period. In addition, for managed dedicated
server, customers may be entitled to additional credits as calculated
below and as measured 24-hours a day in a calendar month, with the maximum
credit not to exceed twenty-five percent (25%) of the monthly service
charge for the affected month.
Minutes of continuous downtime Credit 60 10% 5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request
such credit within seven (7) days after you experienced the down time. You
must request credit by sending an electronic mail message to
.
For security, the body of this message must contain
your account number, the dates and times of the unavailability of your
web site, and such other customer identification requested by NET-E-FX. Credits will usually be applied within sixty (60) days of your
credit request. Credit to your account shall be your sole and exclusive
remedy in the event of an outage.
(4.) Restrictions
Customer shall not receive any credits under this SLA in connection with
any failure or deficiency of Web Site Availability caused by or associated
with:
a. circumstances beyond NET-E-FX's reasonable control,
including, without limitation, acts of any governmental body, war,
insurrection, sabotage, armed conflict, embargo, fire, flood, strike or
other labor disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including,
without limitation, ecommerce software, payment gateways, chat, statistics
or free scripts) or inability to obtain raw materials, supplies, or power
used in or equipment needed for provision of this SLA;
b. failure of access circuits to the NET-E-FX Network, unless
such failure is caused solely by NET-E-FX;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of NET-E-FX;
e. issues with FTP. POP, IMAP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any NET-E-FX measurement system;
g. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom
scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence,
willful misconduct, or use of the Services in breach of NET-E-FX's Terms and Conditions and Acceptable Use Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. outages elsewhere on the Internet that hinder access to your
account. NET-E-FX is not responsible for browser or DNS
caching that may make your site appear inaccessible when others can still
access it. NET-E-FX will guarantee only those areas
considered under the control of NET-E-FX:
NET-E-FX server links to the Internet, NET-E-FX's routers, and NET-E-FX's servers.
Latency Guarantee
NET-E-FX's goal is to keep Average Round-Trip Latency on the
NET-E-FX Network to 85 milliseconds or less. "Average
Round-Trip Latency", with respect to a given month, means the average time
required for round-trip packet transfers between Selected POPs on the NET-E-FX Network during such month, as measured by NET-E-FX. If Average Round-Trip Latency on the NET-E-FX
Network for a calendar month exceeds 85 milliseconds, then upon Customer's
request (in accordance with the procedure set forth below), NET-E-FX will issue a credit to Customer equal to and not to exceed in any
calendar month one day's worth of the Access Fee (as defined below) paid
by Customer for such month.
Packet Loss Guarantee
NET-E-FX's goal is to keep Average Packet Loss on the NET-E-FX Network to 1% or less. "Average Packet Loss", with
respect to a given month, means the average percentage of IP packets
transmitted on the NET-E-FX Network during such month that
are not successfully delivered, as measured by NET-E-FX. If
Average Packet Loss exceeds 1% during a calendar month, then upon
Customer's request (in accordance with the procedure set forth below), NET-E-FX will issue a credit to Customer equal to and not to
exceed in any calendar month one day's worth of the Access Fee (as defined
below) paid by Customer for such month.
The terms of this SLA relating to Average Round-Trip Latency and Average
Packet Loss will take effect the first full calendar month after
Customer's first use of the NET-E-FX Network.
Access Fee Definitions
For dedicated/colocation/managed hosting Customers, the Access Fee
consists solely of the base monthly fee paid by Customer for standard
server packages, including the use of the server, the use of electricity
to the extent provided to the Customer without additional charge, and up
to the amount of data transfer allowed each month without additional
charge. The Access Fee for purposes of the SLA credit excludes all other
fees which might be charged to the Customer, including, without
limitation, charges relating to managed services, incremental bandwidth
usage and fees for electricity, extra IP addresses, RAM, or hard drives
beyond that which is available without additional charge under NET-E-FX's standard rates. This list of potentially excluded fees
is offered solely for purposes of illustration and not by way of
limitation.
The Access Fee for all other Customers is the base monthly access fee paid
by Customer for use of the applicable OMEGABYTE.NETWORKS service at the
amount of data transfer allowed each month without additional charge,
excluding set-up fees, fees for additional services, and for server and
other types of options. Such excluded fees will vary by the type of
applicable service, and could consist of fees for local loop, extra and/or
burstable bandwidth, add-on components, extra IP addresses, hourly support
charges, electricity when an additional fee is charge for such an item,
and managed services. This list of potentially excluded fees is offered
solely for purposes of illustration and not by way of limitation.