Service Level Agreement
1. Application of Assistance4all.com SLA
These Assistance4all.com Service Level Agreements (SLAs) provide Customer with certain rights and remedies regarding the performance of the Assistance4all.com and servers (as defined below). Use of Assistance4all.com Service constitutes acceptance and agreement to Assistance4all.com AUP (Acceptable use Policy) as well as Assistance4all.com TOS (Terms of Service) available on http://assistance4all.com
For purposes of these Assistance4all.com SLAs, the following terms have the meanings set forth below:
* "Base Monthly Service Fee" consists solely of the base monthly fee paid by Customer for the affected Assistance4all.com service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under Assistance4all.com standard rates, hourly support, and other types of optional additional services.
3. Summary of Assistance4all.com SLAs
As described in more detail below, this Assistance4all.com SLAs provides commitments based upon goals in the following key areas:
4. Assistance4all.com Availability
99.95% Service Uptime Guarantee
Do to our extensive network infrastructure, ASSISTANCE4ALL can provide its customers with a 99.95% Network Uptime Guarantee. In the event that any service does not experience 100% uptime in a given month, ASSISTANCE4ALL will automatically refund 10% of customer's base monthly service fee and subsequently an additional 10% for each hour of downtime thereafter. Should uptime be below 98% customer will be credited 100% of its base monthly fee. Any emergency scheduled downtime taken by ASSISTANCE4ALL will not apply towards this downtime calculation, nor to the refund calculation. This guarantee applies to ASSISTANCE4ALL' network performance and not to any hardware, software or services running on a customer's server.
Assistance4all.com cannot be held liable for server downtime or data loss in any circumstance unless due to direct negligence including but not limited to the following circumstances:
5.1. Circumstances beyond Assistance4all.com reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, 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 Assistance4all.com SLAs;
5.2. Failure to access circuits to the Assistance4all.com Network, unless such failure is caused Solely by Assistance4all.com;
5.3. Scheduled maintenance and emergency maintenance and upgrades;
5.4. DNS issues outside the direct control of Assistance4all.com;
5.5. False SLA breaches reported as a result of outages or errors of any Assistance4all.com uptime monitoring system; or
5.6. Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Assistance4all.com or Assistance4all.com services in breach of Assistance4all.com Terms and Conditions of Service or Assistance4all.com Acceptable Use Policy.