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Colocation Hosting Services

This Service Level Agreement ("SLA") shall be effective between Opus Interactive, Inc. ("Opus") and the Customer identified in the Services Agreement to which this SLA is attached. This SLA shall apply to Colocation Hosting Services purchased by the Customer that are listed in the Agreement and specified in Exhibit A to the Master Customer Agreement. This SLA is in addition to the Services SLA and shall be subject to the terms and conditions of the Agreement, and all defined terms shall have the meaning set forth in the Agreement unless separately defined in this SLA.

 

Opus warrants to the Customer that it will provide the Services according to the service guarantees in this SLA for the applicable Service.

1 Data Center Power Availability

 

Opus will provide AC power that will be active 100% of the time. An SLA Credit will be provided in the event that the power supply in a colocation cabinet fails to provide nominal 110VAC power.

 

The following guarantees will apply if the Customer has purchased the associated service as listed on Exhibit A of the Master Customer Agreement. Some services have a monthly recurring fee while others are only charged to the Customer when used (usage based).

 

2 Server Hardware Maintenance Services - Repair/Replacement

 

Opus will grant a SLA Credit in the event that Opus fails to initiate hardware repair or replacement activities, on Opus owned data center facility infrastructure, within two (2) hours of identification of a failed hardware component.

 

3 Remote Assistance Services

 

Customers have the option to purchase Remote Assistance Services on an as-needed basis. Opus will assign a technician and will call the designated Customer contact within 1 hour of receiving a valid Customer request for Remote Assistance Services offered by Opus. Customers are responsible for submitting requests to Opus within the scope of Remote Assistance Services agreed to in writing by the Customer and Opus.

 

4 Network Availability.

 

A Service Outage under this Colocation SLA shall be deemed to have occurred whenever the Customer's solution environment: (i) fails to respond to an ICMP ping; (ii) fails to respond to HTTP or database requests; (iii) cannot be accessed through the Customer's remote access administration interface; and (iv) the Customer is unable to transmit to or receive information from the data center for more than 4.3 consecutive minutes because Opus failed to provide access to the Managed Data. This is our Opus Interactive 99.99% uptime guarantee.

 

5 Credit for Service Outages.

 

In the event Customer experiences a Service Outage as defined above in sections 1 through 4 of this Colocation Agreement and Opus determines in its reasonable judgment that such Service Outage was caused by Opus’s failure to provide the Services and was not due to Other Outages referred to in section 13 of the Master Customer Agreement, Opus shall, subject to the remaining terms of this SLA, credit Customer’s account the pro-rata hosting fees of 5% of the monthly recurring charge for each Service Outage in a billing period; provided, however, that the maximum total credit will not exceed more than one-half of the Customer's total invoice for any given billing period. Credits will be applied only to the month in which the applicable outage event or service incident occurred, and Customers will not be eligible to receive credits for any service components provided free of charge during the billing period or if Customer’s account is more than thirty (30) days past due at the time of the Service Outage.