Service Level Agreement
This Service Level Agreement (the "SLA") governs the use of all products and services (collectively, the "Services") offered by eSecureData Inc. ("eSecureData"), and subsidiaries to its customers ("you" or "Customer"). Defined terms will have the meaning given to them in the eSecureData Terms of Use or as set out in the last section of this page.
eSecureData is committed to providing services to you at a standard of excellence equivalent with the best practices in the industry. The following service levels are designed to assure you ultimate performance and maximal uptime. Each service level specifies the Service it is applicable to, the service level that applies, and how service credits are calculated for each service.
All Service Levels are subject to the exclusions specified in the sections entitled 'Exceptions' and 'Claiming Credits & Limitations'.
Power and HVAC Availability
| Service | Service Level | Service Credit |
|---|---|---|
| Managed and Dedicated Services | eSecureData guarantees that its power and HVAC systems will be available | Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime |
| Colocation Services | 100% of the time in a given month |
Replacement Guarantee
| Service | Service Level | Service Credit |
|---|---|---|
| Managed and Dedicated Services | eSecureData guarantees the functioning of all Hardware, and will replace or repair any failed component at no cost to you within 1 hour of eSecureData's identification of the failed hardware (the "Replacement Guarantee") | Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime |
- Excludes eSecureData's Storage Area Networks (SANs), which are subject to the section entitled 'SAN repair and replacement', as well as non-standard products and EOL product lines.
- The Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications, or changes to hardware during Maintenance, as defined below.
- Does not include any cloud services offered by eSecureData.
SAN Repair and Replacement
In the unlikely event of a SAN hardware failure, eSecureData will have a technical specialist and necessary parts on site to begin repairs within 4 hours of receipt of your trouble ticket concerning the issue and eSecureData's identification of the problem. The customer shall be entitled to a service credit of five percent (5%) of the Net MRC for each further hour of delay in commencing work to repair the affected hardware.
Network Uptime
| Service | Service Level | Service Credit |
|---|---|---|
| Dedicated and Managed Services | 100% uninterrupted transit from eSecureData's Network to the Internet. | Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime. |
| Colocation Services | 100% uninterrupted transit from eSecureData's Network to the Internet. | In respect of the first cumulative hour of Downtime in a calendar month, the Customer will receive a Service Credit equivalent to one day of Customer's prorated Net MRC for that month. For each additional hour of Downtime thereafter, the Customer will receive a Service Credit equivalent to one day of the Customer's prorated Net MRC for internet connectivity charges for that month. |
| Bandwidth Only Services (Non-Colocation) | eSecureData will provide a minimum 99.7% uninterrupted transit to the internet (as measured on a monthly basis). | For each hour of Downtime beyond the 99.7% minimum in any one calendar month, Customer will receive a refund equivalent to one day of Customer's prorated Net MRC for that month. |
Network Standards
eSecureData will take all reasonable measures to ensure all Customer traffic reaches its destination in a timely fashion comparable and within reason to any other carrier in the area. These measures include the manipulation of routing tables so as to direct traffic to the Internet using its best possible upstream link.
Exceptions
You will not be entitled to any Service Credit under this Service Level Agreement where the Downtime or Unavailability is caused by any of the following:
- Maintenance
- Suspension or termination of your Services in accordance with the terms of eSecureData's Terms of Service
- Application, software, or operating system fault or failure
- Denial of service attack, hacker activity, or other malicious event or code targeted against eSecureData or a eSecureData customer (irrespective of DDoS mitigation services provided by eSecureData)
- With respect to Cloud Services, outages to the Control Panel or API
- Failure of any network or internet infrastructure or technology outside eSecureData's Network
Claiming Credits and Limitations
The following terms apply to all claims for Service Credits:
- Customer must open an eSecureData support ticket in respect of the Downtime experienced, together with supporting details, to be eligible for a Service Credit. Downtime will be measured from the time the Customer opens an eSecureData support ticket.
- If you believe you have not been issued correctly with a Service Credit you must submit a ticket within 14 days of the applicable Downtime.
- Downtime or Unavailability is measured from the time the applicable trouble ticket is received and the Downtime or Unavailability is validated by eSecureData using its internal monitoring tools to the time eSecureData resolves the issue.
- Customers may not receive more than one Service Credit per affected configuration per incident and in no event will you receive greater than one month's Net MRC in Service Credits for any given month regardless of the number of incidents.
- You must be a eSecureData customer in good standing to receive a Service Credit; no Service Credit will be applied to accounts that are past-due or for accounts that are suspended or cancelled before the conditions for payment of the Service Credit are met. Service Credits will not be applied against past due balances.
- Upon cancellation or termination of your account, any outstanding or previously accrued Service Credits will be forfeited. Service Credits will be applied against purchases or renewals for which payment is due after the date the Service Credit is applied.
- The Service Credits described in this SLA will be your exclusive remedy and eSecureData's entire liability for any breach of any warranty of performance or service contained in this SLA.
Defined Terms
"Downtime" in respect of an affected configuration or Service, means such service is unavailable because of one of the following:
- the eSecureData power systems are not available ("Power Failure");
- a Hardware failure;
- an inability to transmit from, or receive data over, the eSecureData Network ("Network Failure"); or
- in respect of Cloud Services:
- a failure of a Virtual Server which is due to a known problem in the hardware or hypervisor layers, including power interruptions, hardware problems (such as failures to a hard drive or power supply) and failures to the hypervisor environment, but excluding failures in Customer's operating system or other software on Customer's Virtual Server: or
- an inability to retrieve data from a Cloud Storage services, in each case due to a failure caused by a Power Failure, or problems caused by Hardware failure or Network failure.
"Hardware" means the processor(s), RAM, hard disk(s), motherboard, NIC card, servers, CPUs, cabling and associated server hardware listed in the Service and/or the applicable Order together with firewalls, load balancers and storage area networks listed in the Service and/or the applicable and other related hardware used to provide the Services.
"Maintenance" means Scheduled Maintenance or Emergency Maintenance undertaken by eSecureData.
"Scheduled Maintenance" means any maintenance in the eSecureData data center of which you are notified at least 7 days in advance.
"Emergency Maintenance" means any maintenance in the eSecureData data center that:
- in eSecureData's sole discretion is necessary to avoid an immediate threat to the eSecureData data center or a Customer Service; and
- of which you are notified.
"Net MRC" means:
- in respect of hosting services, the monthly recurring charge for the affected hosting service for the configuration experiencing the issue, but excluding any add-on or optional Services which are not included as part of the standard hosting plan but are included as part of such customer's monthly recurring charge. In respect of Cloud Services, your Net MRC will be based on your previous month's usage for the affected Service where applicable or, alternatively, your average usage for the affected Service being prorated; in respect of all other Services, the monthly recurring charge for the affected Service.
"eSecureData Network" means all network equipment and cabling extending from the connection of your network access device for your hosting solution up to the uplink port on eSecureData's designated border routers that connect to our Transit and Peering Providers.