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Gayle
Force Design is proud to offer an exceptional level
of performance, reliability, and service. That is
why we are making commitments to our customers in
the form of a Service Level Agreement (SLA) which
provides certain rights and remedies regarding the
performance of the
Gayle Force Design
network. The
Gayle Force Design
Service Level Agreement (SLA) guarantees our
network/equipment reliability and performance. This
Service Level Agreement (SLA) applies to customers
of
Gayle Force Design
web hosting, reseller, dedicated server,
co-location, e-commerce, and dial-up/dedicated
access services.
Uptime Guarantee
Gayle Force Design
strives to maintain a 99.5% network and server
uptime service level. This uptime percentage is a
monthly figure, and is is calculated solely by
Gayle Force Design monitoring systems or
Gayle Force Design authorized/contracted
outside monitoring services. If
Gayle Force Design fails to meet it's 99.5%
uptime guarantee, and it is not due to one of the
exceptions below, credits will be made available to
each client, upon request, on a case by case basis.
Gayle Force Design will credit a full
month's service. Details on how credit amounts are
calculated can be found below.
Exceptions
Customer shall not receive any
credits under this SLA in connection with any
failure or deficiency of the
Gayle Force Design network caused by or
associated with:
- Circumstances beyond reasonable
control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage,
embargo, "Acts of God" (ie...fire, flood,
earthquake, tornado, etc...), strike or other labor
disturbance, interruption of or delay in
transportation, unavailability of or interruption 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 the Service Level
Agreement
- Telco Failure (ie...Verizon™
cutting a fiber line somewhere)
- Backbone peering point issues (ie...UUnet™
having a router go down in Virginia that wipes out
internet service for the entire East Coast)
- Scheduled maintenance for
hardware/software upgrades
- DNS issues
not within the direct control of
Gayle Force Design
- Client's
acts or omissions, including without limitation, any
negligence, willful misconduct, or use of
Gayle Force Design
service(s) in breach of
Gayle Force Design
Policy and Service Guidelines (AUP), by Client or
others authorized by Client.
Connectivity
Gayle Force Design
goal is to make the
Gayle Force Design network available to
Client free of outages for 99.5% of the time. An
"outage" is defined as an instance in which Client
is unable to transmit and receive IP packets due to
a
Gayle Force Design service failure for more
than 15 consecutive minutes, excluding service
failures relating to
Gayle Force Design scheduled maintenance and
upgrades. The
Gayle Force Design network does not include
client premises equipment or any Telco access
facilities connecting Client's premises to such
infrastructure.
Gayle Force Design goal is to keep Average
Round-Trip Latency on the
Gayle Force Design network to 85 milliseconds
or less.
Gayle Force Design defines "Average
Round-Trip Latency", with respect to a given month,
as the average time required for round-trip packet
transfers between the
Gayle Force Design network and major US
backbone peering points during such month, as
measured by
Gayle Force Design.
Gayle Force Design goal is to keep Average
Packet Loss on the
Gayle Force Design network to 1% or less.
Gayle Force Design defines "Average Packet
Loss", with respect to a given month, as the average
percentage of IP packets transmitted on the
Gayle Force Design network during such month
that are not successfully delivered, as measured by
Gayle Force Design.
Measurement
Gayle Force Design
will periodically (on average every 10 minutes)
monitor
Gayle Force Design network and server
availability using software and hardware components
capable of measuring application traffic and
responses. Client acknowledges that that such
measurements may not measure the exact path
traversed by Client's internet connection, and that
such measurements constitute measurements across the
Gayle Force Design network but not other
networks to which Client may connect.
Gayle Force Design reserves the right to
periodically change the measurement points and
methodologies it uses without notice to Client. Full
network and server reporting will be posted to a
location designated by
Gayle Force Design and made available to
Client.
Hardware Failure
Gayle Force Design
stands behind all equipment on our network. Faulty
hardware is rare, but cannot be predicted nor
avoided.
Gayle Force Design utilizes only name brand
hardware of the highest quality and performance.
Gayle Force Design will replace all faulty
hardware affecting performance levels of equipment
within 12 hours, which includes hardware issues that
cause server crashes or speed issues. Hardware
failure resulting in complete network/server
outage/downtime will be corrected within two hours
of problem identification. Router failure is an
exception to this SLA guarantee, and may require
on-site Cisco™ engineers or backbone provider
emergency personnel to correct the problem. Router
failure is governed by current
Gayle Force Design contracts with Cisco™ and
backbone providers in regard to the emergency repair
service in case of such an issue.
Gayle Force Design will replace all faulty
hardware on dedicated servers (rented or leased
servers), at no charge to the Client, with an
unlimited free replacement policy. This includes
parts ordered as upgrades.
Credits
Credit requests must be made on
the
Gayle Force Design web site, by emailing to
billing@gayleforcedesign.net. Each request in
connection with network/server outages/downtime must
be received by
Gayle Force Design within five days of the
occurrence. Each request in connection with Average
Round-Trip Latency or Average Packet Loss in a
calendar month must be received by
Gayle Force Design within five days after the
end of such month. The total amount credited to a
Client for
Gayle Force Design not meeting SLA service
levels will not exceed the service fees paid by
Client
Gayle Force Design for such services for the
period in question. Each validly requested credit
will be applied to a Client invoice within 30 days
after
Gayle Force Design receipt of such request.
Credits are exclusive of any applicable taxes
charged to Client or collected by
Gayle Force Design. Upon Client's request (in
accordance with the procedure set forth below),
Gayle Force Design will issue a credit to
Client for network/server outages/downtime occurring
during any calendar month that are reported by
Client to
Gayle Force Design and confirmed by
Gayle Force Design measurement reporting.
Such credit will be equal to one MONTH's worth of
service. If Average Round-Trip Latency on the
Gayle Force Design network for a calendar
month exceeds 85 milliseconds, then upon Client's
request,
Gayle Force Design will issue a credit to
Client equal to one MONTH's worth of service. If
Average Packet Loss exceeds 1% during a calendar
month, then upon Client's request,
Gayle Force Design will issue a credit to
Client equal to one MONTH's worth of service.
Account Cancellations
Your account can be cancelled
ONLY by submitting
service cancellation form.
Other methods of cancellation are not valid. Once
the form submitted account will be cancelled within
24 hours.
General
Gayle Force Design
reserves the right to change or modify this SLA to
benefit the Client, and will post changes to
location currently housing this SLA at time of
modification, which will be made available to
Client. Except as set forth in this SLA,
Gayle Force Design makes no claims regarding
the availability or performance of the
Gayle Force Design network or servers.
Specific terms/points of this SLA may be adjusted on
a case by case basis by the specific Service
Agreement signed/agreed by client. In case of
difference terms/points in SLA and Service
Agreement, the Service Agreement terms/points
prevail over this general SLA policy. The Service
Agreement signed/agreed by client, is above and
beyond this SLA, and Service Agreement terms are in
affect, including, but not limited to, limitations
of liability. |
