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ResellerMarket.Com SERVICE LEVEL AGREEMENT
This ResellerMarket.Com Service Level Agreement (“SLA”) applies to
all dedicated servers. Client agrees that ResellerMarket.Com
internal measurements establish the eligibility for any applicable
Performance Credit. In the event that Client determines that a
discrepancy in such measurement exists, Client shall promptly notify
ResellerMarket.Com and ResellerMarket.Com and Client will mutually
agree upon the validity and accuracy of the measurement, and upon
Client’s eligibility for any applicable Performance Credits.
This SLA may be amended at any time by ResellerMarket.Com. Updated
copies of the SLA will be located at http://www.ResellerMarket.Com/policies/sla.shtml
1. Definitions.
1.1. Full Managed Services (“Full Managed Services”) is
defined as security audits, application and software updates, user
management, and software installs on the dedicated server to be
performed by ResellerMarket.Com for the client. ResellerMarket.Com
will maintain the server and provide monthly System Administration
to the server. Special requests for Administration on the server
will be completed within 24 hours of request and be made by the
client or authorized agent working for the client. All services
performed on the dedicated server are subject to $100.00 an hour
labor fee. Full Managed Service do not allow root or administrator
access to the server.
1.1.1 Managed Services (“Managed Services”) is defined as a
monthly system overview by a System Administrator.
ResellerMarket.Com will perform a set of performed checks, audits,
and reports on the server and provide monthly e-mail regarding your
server. This service is to provide the clients with knowledge and
overview of the server. From time to time security updates,
application patches, and System Administration may be performed free
of charge. In addition to these services System Administrator may
make recommendations to improve the overall performance, security,
and updates to the service. At the sole discretion of the System
Administrator any installation, configuration, or tuning of the
server may be considered billable. ResellerMarket.Com agrees to
provide Client with notification during monthly report on what items
are "free of charge" and what items are "billable". To participate
in Managed Services Client agrees to maintain an updated username
and password with FULL rights to the server.
1.1.2 Unmanaged Services (“Unmanaged Services”) is defined as
servers that are rented to Clients. ResellerMarket.Com performs no
maintenance, security checks, and user management for the client.
ResellerMarket.Com will perform system administration on a per
incident basis. All services performed on the server come without
warranty or guarantee. All service performed on the dedicated server
are subject to an $100.00 an hour labor fee.
1.1.3 Co-Location Services ("Co-Location Services") is
defined as servers that are property of the Clients with rackspace,
bandwidth, and EtherCom ports which are rented on a monthly basis.
All services performed on the server come without warranty or
guarantee. Client is responsible for supplying replacement parts,
hot swappable hardware and software media. All services performed on
the Clients servers are subject to an $100.00 an hour labor fee.
Clients that use ResellerMarket.Com have an option to participate in
Managed Services. This is subject to the approval of a
ResellerMarket.Com Administrator and an additional monthly fee.
1.2. ResellerMarket.Com Network (“ResellerMarket.Com
Network”) is defined as the equipment, software and facilities
within ResellerMarket.Com Network segment, including
ResellerMarket.Com contracted ISP service to which
ResellerMarket.Com Network segment is connected, collectively used
by ResellerMarket.Com to provide the service.
1.3. Service Availability (“Service Availability”) is the
total time in a calendar month that the ResellerMarket.Com is
available through the InterCom, provided that Client has established
connectivity. ResellerMarket.Com takes responsibility for the
Service Availability within their Network, and cannot be held liable
for upstream problems. The ResellerMarket.Com Network will be
available to clients free of Network Outages for 99.9% of the time.
1.4. Service Downtime ("Service Downtime") is any unplanned
interruption in Service Availability during which Client is unable
to access the services as described in section 1.3 above that is
determined to have been caused by a problem in ResellerMarket.Com
Network as confirmed by ResellerMarket.Com. Service Downtime is
measured as the total length of time of the unplanned interruption
in Service Availability in a calendar month. ResellerMarket.Com
provides direct support and expertise in the software it provides,
any unplanned outages due to software failure are the direct
responsibility of the software publisher and not of
ResellerMarket.Com.
1.5. Scheduled Service Downtime (“Scheduled Service
Downtime”) is any ResellerMarket.Com interruption of Managed
Services. Scheduled Service Downtime occurs during
ResellerMarket.Com standard server maintenance window, which occurs
with a 24 hour notice to the Client via e-mail.
1.6. Performance Credit (“Performance Credit”) occurs when
99.9% uptime is not met. ResellerMarket.Com will refund the customer
5% of the monthly fee for each 30 minutes of downtime (up to 100% of
the customer's monthly fee). Network downtime is measured from the
time the trouble ticket is opened by a customer to the time the
server is once again able to transmit and receive data.
1.7 Monitoring Service (“Monitoring Service”) is the service
ResellerMarket.Com provides and monitors TCP/IP based ports and
applications through its internal monitoring service. To participate
in this, ResellerMarket.Com must have valid system administrator
access to repair the server in the event of a service/daemon
failure.
1.8 Billable System Administration (" Billable System
Administration") is operation, configuration, performance tuning,
security configurations, and any interaction with the Operating
System or software installed on the server. Support provided to the
client that requires ResellerMarket.Com to login to the server can
be considered Billable System Administration. Fees for this service
are billed out at a $50.00 minimum charge with hourly rates of $100.
2. Service Downtime Performance Credit.
2.1. In the event of Service Downtime in which monthly Service
Availability is less than 99.9%, Client will receive a Performance
Credit as described in section 1.6 of this document.
3. Service Exclusions.
3.1. This SLA does not cover Service Downtime caused by problems in
the following:
3,1.1. Client’s local area Network.
3.1.2. Client-provided InterCom connectivity or end-user software.
3.1.3. Anything inside Client’s internal Network including, but not
limited to, firewall configuration and bandwidth to interCom, local
area workstations, servers, software, and configuration.
4. Service Downtime Exclusions.
4.1. The following are excluded from the monthly calculation of
Service Availability:
4.1.1. Any utilized Scheduled Service Downtime.
4.1.2. Any problems outside ResellerMarket.Com Network.
4.1.3. Any interruptions, delays or failures caused by Client or
Client’s employees, agents, or subcontractors, such as, but not
limited to, the following:
4.1.3.1. Inaccurate configuration.
4.1.3.2. Non-compliant use of any software installed on the server.
4.1.3.3. Client initiated server over-utilization.
4.1.3.4. Any problems related to the attacks on the machine such as
hacking, attacks, and exploits.
5. Billable System Administration which is defined in section 1.8
includes the following.
5.0.1 System Administration of the clients server.
5.0.2 Software installations performed by ResellerMarket.Com
5.0.3 Virus and Security Scans of the server.
5.0.4 Configuration of the Operating System, web Server, and custom
software installed on the server.
5.0.5 Security Audit and reports of the server.
5.0.6 Patches, Upgrades, and Service Pack installations.
6. Server Hardware for Full Managed, Managed, and Unmanaged
Servers.
6.01 Hardware is defined as the Processor (s), RAM, hard disk(s),
motherboard, NIC card and other related hardware included under the
server lease. This guarantee excludes the time required to rebuild a
RAID array.
6.0.2 Hardware replacement will occur within 24 hours of the
reported problem, ResellerMarket.Com will refund 25% of the monthly
fee per additional 24 hours of down time (up to 100% of customer's
monthly fee).
6.03 Restoration is defined as returning the server to original
configuration when it was purchased. If hardware failure causes
corrupted Operating System, Data Files, or Configuration of server,
ResellerMarket.Com will restore the system to original state.
6.04 ResellerMarket.Com is not responsible for the restoration of
data to server. If hardware occurs and data loss occurs, client is
ultimately responsible for data restoration. ResellerMarket.Com
shall not be liable for loss of data under any circumstance.
6.05 ResellerMarket.Com does not take responsibility for the overall
security of servers. If servers are compromised in any way,
ResellerMarket.Com reserves the right to audit the server. Servers
receive monthly security audits as part of the overall Personal
System Administrator's program but security is the responsibility of
the client. ResellerMarket.Com reserves the right to cancel service
if servers are compromised for the use of unsecured passwords or
blatant disregard to simple security measures. A fee of $150 per
hour will take place for any security related work done due to the
server being compromised.
Included
with every plan are Unlimited Domains, Complete
Anonymity, Instant Account Creation, Anonymous Nameservers and 24/7
Support!
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