Service Level Agreement

Updated: Feb 5, 2013

The following Service Level Agreement (SLA) is applicable to the services listed below that Tier 3 (“Tier 3,” “we,” “us” or “our”) makes available to you (“Customer” or “you”) for a fee. The SLA is not applicable to unrelated third parties or third parties lacking a contractual relationship with Tier 3. The uptime obligations and the resulting SLA credits are applied on a monthly basis unless specified otherwise. This SLA is provided pursuant to and in accordance with the governing service agreement between Customer and Savvis Communications Corporation and/or its affiliates, including Tier 3, Inc.

Public Network: Tier 3 ensures 100% uptime on all Public Network services to Customers located in our data centers. All Public Network services include redundant carrier grade Internet backbone connections, advanced intrusion detection systems, denial of service (DOS) mitigation, traffic analysis and detailed bandwidth graphs. This does not include DOS attacks or other unknown variables that can affect Internet traffic.

Private Network: Tier 3 ensures 100% uptime on the Private Network services to Customers located in our data centers. All Private Network services include access to the secure VPN connection, unlimited bandwidth between servers, unlimited uploads/downloads to servers, access to contracted services, traffic analysis and detailed bandwidth graphs.

Control Panel and API: Tier 3 ensures 99.999% access to the Control Panel and API. Access to the Control Panel is available via the Public and Private Networks. The Control Panel is utilized to fully manage the on-demand IT environments located within the Tier 3 data centers. Control Panel access includes ticketing system access, account management, server management, bandwidth management, backup management and other related services.

Virtual Servers: Individual servers will deliver 99.999% uptime as monitored within the Tier 3 network by Tier 3 monitoring systems. Only failures due to known Tier 3 problems in the hardware and hypervisor layers delivering individual servers constitute failures and as such only they are covered by this SLA. Examples of failures include: power interruptions, hardware problems (such as failures to a hard drive or power supply) and failures to the hypervisor environment supporting Customer servers. Problems related in any way to the Customer server operating system or any other software on the Customer server, or to the actions of Customers or third parties, do not constitute failures and as such are not covered by this SLA.

Cloud Storage: Tier 3 delivers a 99.99% uptime on Cloud Storage. A Cloud Storage failure occurs when a Customer cannot retrieve data because of problems with hardware and/or software in Tier 3’s control. Data retrieval issues caused by problems connecting to the service, including without limitation problems on the Internet, do not constitute failures and as such are not covered by this SLA. Tier 3 maintains multiple copies of the files and allows customers to enable revision tracking on their cloud environment for restores of data. Customer will receive a service credit for the period of time commencing when a ticket is filed requesting assistance in accessing Customer data until the service is reinstated. Data in this environment (when provisioned as Premium Storage), unless otherwise noted by Tier 3 to the individual customer, is retained for fourteen (14) days onsite in the data center and two (2) days offsite in the secondary data center (disaster recovery location) and when provisioned as Standard Storage is retained for five (5) days onsite in the data center.

Maintenance: At certain times planned maintenance is required on Tier 3 Services and Products that can cause service disruption. Maintenance services can affect the Public Network, Private Network, Control Panel, Virtual Servers, Cloud Storage, Security and other services. Tier 3 will notify Customer of planned maintenance service and will work with the Customer to resolve any issues that they may have with the maintenance service. Tier 3 retains the right to proceed with maintenance services without it affecting the SLA if proper notification has been provided to the Customer.

Limitations: This SLA provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. To clarify, such sole and exclusive SLA remedies shall not apply to breaches of unrelated obligations under the Agreement such as infringement, confidentiality, etc. This SLA does not cover (without limitation): (a) network performance to Customer's physical location or Internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.

Support Response Time:

EMERGENCY Tickets - 30 minutes
Categories include:
Server down
Packet loss
Routing issue
All other Tickets - 60 minutes

For EMERGENCY category issues Customer must create a ticket for which a tracking number will automatically be provided and a support engineer will review the support request within the timeframe listed above. If for some reason Customer does not receive a response within 30 minutes, Customer should escalate via phone at 1.877.38.TIER3 option 2 to the NOC. Tier 3 may reclassify any Ticket misclassified as falling into one of the EMERGENCY categories listed above, and such Ticket will not qualify for EMERGENCY treatment. Resolution and repair times vary, and this SLA does not address them.

Incident Reports: Tier 3 will provide Customer with an Incident Report via e-mail within twenty-four (24) hours of an incident for incidents resulting in greater than thirty (30) minutes of downtime. The Incident Report will include: incident date, duration, issue, details of the problem and details of the resolution.

Domain Name Services: Tier 3 delivers a 100% uptime for domain name servers (DNS) on the Dynect network. A period of DNS failure is any time during which 100% of Dynect’s Domain Name Servers simultaneously fail to respond to requests for name resolution. This SLA does not guarantee propagation of DNS data across the Internet or the hosting of secondary DNS service for Customer's primary domain in another location, and it does not guarantee against zone inaccuracies due to operator error.

Physical Security: Tier 3 will ensure 24x365 on-site security through the presence of a professional security guard in the data center at all times, charged with enforcing Tier 3’s security policies. (Those policies require, among other things that Tier 3 employees, vendors and visitors wear a badge and that authorized visitors who have not been issued a permanent badge leave a valid U.S. driver's license or passport with the guard while in the data center.)

SLA Credit Claim:

Credit Limitations:

"Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Tier 3 in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. Tier 3 will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute failure.

Credit Issued: For all SLA’s, Tier 3 issues service credits at a credit factor of 45 times the hourly cost for every hour of downtime. The service credit formula is as follows:

Hours of Credit Eligible Downtime x Credit Factor x Product and/or Service Hourly Cost = Service Credit.

Credit Eligible Downtime = Time (in hours) past the SLA greater than 15 minutes excluding allowable downtime
Credit Factor = 45
Product and/or Service Hourly Cost = Customer’s billing rate/hour during period of downtime

Example 1: Virtual Server (99.999% SLA) that has a failure lasting 1 hour 45 minutes (1.75 hours)
1.75 hours x 45 credit factor x $ .45/hour = US $35.44