
Service Level Agreement
Instyle IT 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 Instyle IT network. The Instyle IT Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Instyle IT's web hosting services.
Uptime Guarantee:
Instyle IT 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 Instyle IT monitoring systems or Instyle IT authorized/contracted outside monitoring services. If Instyle IT 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. Instyle IT does not credit a full month's service for minor downtime. This would not be financially healthy for Instyle IT, and in turn would only negatively affect the service level Instyle IT provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Instyle IT may distribute full month credits, but this is dealt with on a case by case basis.
Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Instyle IT 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
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Instyle IT utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of Instyle IT.
- Network floods, hacks, attacks from outside parties or individuals.
- Failure or error of any Instyle IT monitoring or measurement system.
- Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Instyle IT service(s) in breach of Instyle IT policies, by Client or others authorized by Client.
Connectivity:
Instyle IT's goal is to make the Instyle IT 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 Instyle IT service failure for more than 15 consecutive minutes, excluding service failures relating to Instyle IT's scheduled maintenance and upgrades. The Instyle IT network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Instyle IT's goal is to keep Average Packet Loss on the Instyle IT network to 1% or less. Instyle IT defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the Instyle IT network during such month that are not successfully delivered, as measured by Instyle IT.
Measurement:
Instyle IT will periodically (on average every 10 minutes) monitor Instyle IT network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Instyle IT network but not other networks to which Client may connect. Instyle IT reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
Hardware Failure:
Instyle IT stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Instyle IT utilizes only name brand hardware of the highest quality and perfomance. Instyle IT will replace all faulty hardware affecting performance levels of equipment within 48 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 contracts with Cisco and backbone providers in regard to the emergency repair service in case of such an issue.
Credits:
Credit requests must be made on the Instyle IT web site, by filling out the contact us form on the support page. Each request in connection with network/server outages/downtime must be received by Instyle IT within five days of the occurance. The total amount credited to a Client for Instyle IT not meeting SLA service levels will not exceed the service fees paid by Client to Instyle IT for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Instyle IT's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Instyle IT. Upon Client's request (in accordance with the procedure set forth below), Instyle IT will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Instyle IT and confirmed by Instyle IT's measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, Instyle IT will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.
Account cancellations
Your account can be cancelled ONLY by submitting an email request. Other methods of cancellation are not valid. Once the email has been verified, the account will be cancelled within 24 hours.
General:
Instyle IT reserves the right to change or modify this SLA to benefit the Client, and will post changes to locations currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Instyle IT makes no claims regarding the availability or performance of the Instyle IT 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.
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