Service Level Agreements for eNlight Cloud, HyperV Hosting and VMware Hosting (the "Services" and each one a "Service").
Maintenance work that may require the interruption of a Service ("Planned Maintenance Event") shall not normally be performed during the hours of 9am to 5pm Monday to Friday (Greenwich Mean Time) ("Normal Business Hours"). We may interrupt a Service outside Normal Business Hours for maintenance provided we provide you with least twenty four hours' advance written notice.
Any Maintenance Events which occur during Normal Business Hours, or which occur with less than 24 hours' notice, and which were not requested by you ("Unplanned Maintenance Events"), shall be considered to be Down Time for the purpose of the service availability measurement.
Emergency Maintenance shall take place where we detect or otherwise suspect an imminent failure and we have no alternative than to take immediate corrective action.
TECHNICAL SUPPORT SERVICES
Should you determine that a Service includes a defect, you shall notify us by contacting us on the following details:
By creating a new ticket through Client Area.
Tel No: 0800 862 0380
We shall accept voicemail, e-mail and web form-based incident submittal by you 24 hours a day, seven days a week, subject to Priority 1 and Priority 2 events notified to us by telephone as set out in the matrix below. We shall use reasonable endeavours to process support requests, issue trouble ticket tracking numbers if necessary, determine the source of the problem and respond to you. We shall use reasonable endeavours to respond to all support requests from you within the time periods specified below, according to priority. Measurement of our response times shall end at the end of Normal Business Hours and shall recommence when Normal Business Hours recommence.
We shall determine the priority of any fault in accordance with the following table.
|Priority||Description||Response||Target Resolution Time|
|1.||The entire Service is completely inaccessible. Priority 1 incidents shall be reported by telephone only.||Within two Normal Business Hours.||Four Normal Business Hours. Continuous effort during Normal Business Hours after initial response and with your co-operation.|
|2.||Operation of the Services is severely degraded, or major components of the Service are not operational and work cannot reasonably continue. Priority 2 incidents shall be reported by telephone only.||Within four Normal Business Hours.||Within two Business Days after initial response.|
|3.||Certain non-essential features of the Service are impaired while most major components of the Service remain functional.||Within 12 Normal Business Hours.||Within seven Business Days after initial response.|
|4.||Errors that are, non disabling or cosmetic and clearly have little or no impact on the normal operation of the Services.||Within 24 Normal Business Hours.||When reasonably possible|
If no progress has been made on a Priority 1 or Priority 2 incident within the target resolution time, the incident shall be escalated to a Level 2 Technician. If the incident is not resolved, then after each successive increment of the target resolution time the incident shall be escalated to a Level 3 Technician, followed by CTO, followed by the Managing Director.
We shall provide a full uptime service availability level of 100%
(Uptime Service Level).
A Service will be considered as unavailable only:
i. during periods of Priority 1 or Priority 2 faults; and
ii. during periods of Unplanned Maintenance ("Down Time")
i. to data or components provided by you or programming errors made by you;
ii. to commands initiated by you, file transfers or system administration carried out by you;
iii. to work directed by you but performed by us provided that where we are aware that such work is likely to cause a Service to be unavailable and we have notified such possibility to you;
iv. to your actions or inactions which are reasonably within your control and which do not involve any material cost to you;
v. to interruption of Internet connectivity between your site and the hosting facility (except where we are providing such connectivity, unless such interruption is as a result of any of the matters covered by paragraphs i) to iv) above or paragraphs vi to viii) below);
vi. to delays in the supply or non-availability (for whatever reason other than our default) of software upgrades, updates, software and hardware fixes or releases from third parties;
vii. to your lack of availability to respond to incidents which require your participation for resolution. The times you are not available may include times that you have requested us not to contact you, such as times outside normal business hours; and
viii. to Planned Maintenance Events or Emergency Maintenance unless, in respect of the latter, the emergency situation has been created by us or as a result of our actions.
13.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
If availability falls below the Uptime Service Level in any given calendar month ("Service Delivery Failure"), we shall credit your account by an amount calculated in accordance with the formula below ("Service Credit"):
C = (A/30) * B
A = the aggregate number of Down Time minutes in any calendar month rounded down to the nearest 30 minutes
B = 5% of the monthly fee associated with the relevant Service
C = the Service Credit amount
For the avoidance of doubt, where a Service starts part way through a calendar month, B shall, for that initial month, equal 5% of the pro rata fee due and payable.
A Service Credit shall not be payable unless you request it within 40 days of the end of the calendar month in respect of which the Uptime Service Level was not met. The maximum Service Credit allowable in a given month is limited to the total monthly Fee payable for that month.
You acknowledge and agree that the terms of this service level agreement relating to service credits do not operate by way of penalty and constitute a genuine attempt to pre-estimate loss.