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VPS: Warranties and Service Level Agreement
During the term of this service, Customer shall have a Service Level Agreement (SLA) for the any Downtime reported to Critical Ops (“CO”) by the Customer. Other than as provided in this Service Level Agreement, CO shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government authority, war, sabotage, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Services. 99% Uptime Guarantee. In the event of Downtime (as defined below) CO will at the Customer’s request, credit the Customer’s account as described below.
If the total downtime in the calendar month is: For purposes of this section, Downtime (as defined below) begins at time the Customer reports service failure to CO. If the Customer does not report Service failure before CO resolves problem, then Downtime will not be accumulated.
Downtime. For the purposes of this Section, Downtime shall mean any interruption of ninety (90) seconds or more in the availability to users of any application, directly or indirectly made available through the Services, only if such interruption is due to either:
(a) failure by CO to manage a situation so as to cause interruption in Network availability, or
(b) A disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where CO transmits a Customer's content to CO carrier(s) at the CO border router port(s). Such carriers provide CO with private and dedicated bandwidth. CO undertakes no obligation for the circuit or link between CO facilities and such carrier’s services. If router packet loss is in excess of fifty percent (50%) and is sustained for one hundred and twenty (120) seconds or more, CO will classify this as an “outage.” If an “outage” continues for a time period of more than four (4) minutes, then such outage will be deemed Downtime. If the latency across the CO IP network exceeds one hundred twenty (120) milliseconds, CO will classify this as Downtime.
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