Managed Cloud Hosting Service Level Agreement
This agreement is made at the time of purchase between Zicara (“Company”) and your company (“Customer”).
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to set forth a detailed Service Level Agreement (“SLA”) under which Company will provide a service to Customer in order to ensure the reliability and stability of all Web Hosting Services covered under this SLA.
Agreements
In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:
As a service, the standard Managed Hosting Service Level Agreement (SLA) with the Company is provided below.
1. Network Availability and Uptime.
Zicara guaranties that our data center network will be available 100% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the Zicara network extending from the outbound port on your edge device to the outbound port of the data center border router and includes Zicara managed switches, routers, cabling.
Zicara Guaranty: We will credit your account 5% of the monthly fee for each 30 minutes of network downtime, up to 100% of your monthly fee for the affected server.
2. Infrastructure Availability and Uptime.
Zicara guaranties that data center HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems.
Zicara Guaranty: We will credit your account 5% of the monthly fee for each 30 minutes of infrastructure downtime, up to 100% of your monthly fee for the affected server(s).
3. Uptime Guarantee and Customer Credits.
In the even that Customer suffers any “downtime” or lack of network or infrastructure availability, the Customer shall receive a credit on their account. All requests for credit must be made within ten (10) days from the occurrence of the downtime and must be made in writing. All credit requests must be verified by Company staff and credits may take up to thirty (30) days to show up on Customer’s bill. Company reserves the right to revoke any credit for downtime issued that is later discovered to have been be caused or attributed to Customer activity or external forces not related to Company network or hardware.
4. Hardware Replacement Guarantee.
Zicara guaranties the functioning of all server hardware components and will replace any failed component at no cost. “Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within one hour of problem identification.
Zicara Guaranty: We will credit your account 5% of the monthly fee per additional hour of downtime, up to 100% of your monthly fee for the affected server(s).
5. Limitations on Company Hardware Replacement Guarantee.
Company’s Hardware Replacement Guarantee shall cover the time spent to replace critical components after the acknowledgement by both the Company and the Customer that the critical component is the cause of the problem or downtime and replacement is the agreed-upon course of action. This guarantee does not cover any time spent restoring any operating environment or restoring the functionality of a particular server or server environment, including, but not limited to: rebuilding data or domains, rebuilding control panels or server consoles, digital certificates, CRON jobs, installing operating systems or virtualization software, software components, RAID arrays or any part of any configuration or setup concerning equipment provided to Company by Customer. Company is not responsible for any third-party loss due or attributed to any downtime suffered by Customer under this agreement.
6. Support Packages.
Company cannot provide support at no cost for every problem that Customer may encounter or create while using our services. Support issues not covered under Customer’s individual plan may be billed at an hourly rate of $75 per hour / incident. Company is committed to help Customer to resolve any trouble or issues requiring Company help or expertise. At no time will Company bill for support without prior notification and approval by Customer.
7. Transfer.
Customer may not assign or transfer this SLA Agreement, in whole or in part, without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Customer shall notify Company by mail, facsimile, or email no less than sixty (60) days prior to the effective date of the event.
8. Termination.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the SLA Agreement upon receipt of written notice to Customer from Company of said failure, 2) appointment of Receiver, or the filing of any application by Customer seeking relief from creditors, or 3) mutual agreement in writing by Company and Customer.
9. Disputes.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this SLA Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees, as well as any costs or legal fees in connection with any appeals.
10. Indemnification.
Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Company directly or indirectly arising from or in connection with Customer’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this SLA Agreement by Customer.
11. General.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising hereunder shall be governed by the laws of the Country of Singapore. A failure by any party to exercise or to delay exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Each party represents and warrants that, on the date of first purchase, they are authorized to enter into this Agreement in entirety and duly bind their respective principals.
EXECUTED as of the date of first purchase.