Service Level Agreement
This Service Level Agreement (“Agreement”) is effective betweenVMO365.COM LLC (“VMO365”) and the customer and establishes a commitment for providing the service, as detailed and defined in the applicable service schedule.
This document clarifies both parties’ responsibilities and procedures to ensure Customer’s needs are met in a timely manner.
Network
We guarantee that our Data Center Network will be available 100% of the time in any given monthly billing period, excluding Scheduled Maintenance.
Data Center Infrastructure
We guarantee that data center HVAC and power will be functioning 100% of the time in any given monthly billing period, excluding Scheduled Maintenance. Infrastructure downtime exists when Cloud Services downtime occurs as a result of Power or heat problems.
Cloud Services
We guarantee the functioning of all Cloud Services Hosts including compute, storage, and hypervisor. If a Cloud Services Host fails, we guarantee that restoration or repair will be complete within one hour of problem identification.
Credits
If we fail to meet a guarantee stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for those Cloud Services adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
| Server Availability | Total Downtime | Credit Towards Service |
|---|---|---|
| 99.99 – 100% | 0 – 43.2 mins | 5% |
| 98 – 99.8% | 43.2 mins – 14 hrs 24 mins | 10% |
| 95 – 97.9% | 14 hrs 24 mins – 36 hrs | 25% |
| 90 – 94.9% | 36 – 72 hrs | 50% |
| 89.9% or below | more than 72 hrs | 100% |
*Total Downtime is based on a 30 day calendar month, and outage times do not roll into the next month.
Definitions
FOR PURPOSES OF THIS AGREEMENT:
“Cloud Services” means Public/Private/Hybrid Cloud (“vCloud”); “Monthly Fees” means the fees for your Services for the monthly billing period in which the failure occurred; “Cloud Services Host” means the physical server which hosts your virtual server or virtual desktop; “Data Center Network” means the portion of the VMO365 Cloud network extending from the network egress point of your Cloud Services Host to the outbound port of the data center border router;“Power” includes UPSs, PDUs and cabling, but does not include the power supplies in Cloud Services Hosts; “Scheduled Maintenance” means maintenance that is communicated to Customer at least three (3) business days in advance, and that does not exceed sixty minutes in any calendar month.
Limitations
You are not entitled to a credit if you are in breach of your Service Schedule or the Master Service Agreement. You are not entitled to a credit if downtime would not have occurred but for your breach of the Service Schedule or Master Service Agreement, or your misuse of the Services. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.
To receive a credit, you must request a credit by email to Nathan Golden at sales@vmo365.com within thirty (30) days following the end of the downtime. You must show that your use of the Cloud Services was adversely affected in some way as a result of the downtime to be eligible for the credit.
Notwithstanding anything in this Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your Monthly Fee for the specific service that was down, for that billing period. Credits that would be available but for this limitation will not be carried over to future billing periods.
Proactive Monitoring
VMO365 will proactively monitor systems 24/7/365.
Technical Issue/Problem Response Times
VMO365 will respond to Customer technical issues/problems via its Remote Help Desk in accordance with the issue/problem severity level as outlined in the table below
Service Level | Initial Response to Customer |
Basic | Within 48 hours |
Advanced | Within 8 hours |
Business Critical | Within 2 hours |
Service Level | Initial Response to Customer |
Basic | Within 48 hours |
Service Level | Initial Response to Customer |
Advanced | Within 8 hours |
Service Level | Initial Response to Customer |
Business Critical | Within 2 hours |
VMO365 will respond to Customer’s Service Requests in accordance with the table above during normal business hours (Monday through Friday, 7:00 AM to 5:00 PM EST), Service Requests must be opened by Customer by email submission (support@VMO365.com) or phone during business hours and by phone outside of normal business hours. Each call will be assigned a Service Ticket number for tracking purposes. VMO365 will make commercially reasonable best efforts to respond on a timely basis outside of normal business hours, exclusive of holidays. VMO365 will be closed on the following holidays: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, and Christmas Day.