"Demarcation Point" means the point at which the lines of the local exchange carrier and the lines of the Customer meet.

Transcription

1 IT & communications services Unit 7 Ancells Court Rye Close Fleet GU51 2UY t: SCOPE 1.1 This SLA sets out the Service Levels provided in relation to CS Malbrook s Managed Hosting / Cloud Service and is subject to CS Malbrook s General Terms and Conditions and Managed Hosting / Cloud Specific Terms and Conditions. 1.2 In the event of any conflict, the order in which each document will take precedence over the other is as follows: (i) this SLA, (ii) Managed Hosting / Cloud Specific Terms and Conditions and (iii) General Terms and Conditions. 1.3 Definitions (i.e. capitalised words and expressions) used in this SLA shall have the meaning set out in the General Terms and Conditions and Managed Hosting Specific Terms and Conditions, unless and to the extent provided otherwise in this SLA. Some of the definitions used in the Managed Hosting Specific Terms and Conditions are replicated here for ease of reference. 1.4 This SLA shall commence on the date that the Managed Hosting / Cloud Services is made available to the Customer or such other date as agreed between CS Malbrook and the Customer. 2 DEFINITIONS 2.1 In addition to the definitions set out in the General Terms and Conditions and the Managed Hosting Specific Terms and Conditions, the following words and expressions shall have the following meanings: Contention means a state where the sum of the bandwidth allocated to all customers at any one time connected through the Service is greater than the capacity of the connection. Data Packet means a single unit of data transmitted on a packet switched network. "Demarcation Point" means the point at which the lines of the local exchange carrier and the lines of the Customer meet. Force Majeure means any event or circumstances beyond our or any of our suppliers' reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

2 Page 2 of 6 Hardware or Hardware Components means the physical hardware components of the Servers used to run the Service comprising Intel-based server chassis, System Board and power supplies to the Server, System Memory, RAID Controller, RAID Disks and Network Interface Cards. International Network Zone means those network paths passing between Demarcation Points where one of the Demarcation Points is located outside the UK. Monthly Service Charge means the monthly fee paid by the Customer to CS Malbrook for the Managed Hosting / Cloud Service. ms means millisecond or thousandth of a second. Network means the physical computer network to which the Servers that provide the Managed Hosting / Cloud Service are connected. Network Outage means an outage during which it is not possible to initiate data transfer using any applicable Network path or whereby data transfer using any applicable Network path is in someway prohibited, in both cases, due to a fault on the Network. "Normal Business Hours" means between 09:00 hrs and 18:00 hrs on any day except a Saturday, Sunday or public or bank holiday in England and Wales. Packet Loss means the loss of Data Packets from data transferred by the Customer using the Service due to a breakdown in the physical transmission media or by being intentionally discarded due to Network congestion. "Scheduled Maintenance" means outline, preventative or emergency maintenance carried out by CS Malbrook to the Network and/or Servers. Scripts means computer programming code written in comparatively simple programming languages and which run on the Server. Service Levels" means the service levels described in clauses 4, 5 and 6 of this SLA, subject to the conditions and exclusions in Clauses 7, 8, 9 and 10. UK Network Zone means those network paths passing between Demarcation Points situated within the UK. "24/7" means twenty four hours a day, seven days a week, 365 days a year.

3 Page 3 of 6 3 PRODUCT DESCRIPTION 3.1 CS Malbrook will supply, manage and monitor all Hardware Components in relation to the Managed Hosting / Cloud Service. 3.2 CS Malbrook will supply, maintain and monitor all Core Software to be installed on the Servers. 3.3 CS Malbrook will install, subject to prior agreement with the Customer, any Additional Application Software as part of the Managed Hosting / Cloud Service. Such Additional Application Software will not be maintained, supported or guaranteed by CS Malbrook.CS Malbrook may, pursuant to prior agreement with the Customer, provide support for Additional Application Software, in which event such support will not be guaranteed under the terms of this Service Level Agreement but will be provided on a best-efforts basis at the discretion of CS Malbrook. 4 NETWORK AVAILABILITY AND PERFORMANCE 4.1 CS Malbrook shall ensure that the Network will be available 100% of the time during the Managed Hosting / Cloud Service, meaning that the Customer will be able to transfer data using any applicable Network path. 4.2 CS Malbrook shall ensure that Packet Loss will not exceed 3% between demarcation points using any applicable Network path, as measured over any continuous 15 minute period during the Managed Hosting Service. 4.3 CS Malbrook shall ensure that the average round trip time for Data Packets (from IP address to another computer host and back to the IP address) will not exceed 50ms within Zen s UK Network zone, as measured over a continuous 15 minute period during the Managed Hosting / Cloud Service. 4.4 CS Malbrook will ensure that the Customer, data and the Service will not be adversely affected by Contention on any applicable Network path and agrees to provide sufficient capacity at all times to ensure Contention does not adversely impact Network performance in a material way. 5 NETWORK MONITORING AND MAINTENANCE 5.1 CS Malbrook will periodically conduct Scheduled Maintenance that may affect Network paths. CS Malbrook will make every reasonable effort to ensure that Scheduled Maintenance does not affect Network availability or performance, but reserves the right to carry out such work subject to a suitable notification period given to the Customer.

4 Page 4 of 6 6 SUPPORT 6.1 CS Malbrook shall ensure that the Customer is able to contact an Engineer during Normal Business Hours in the manner described in paragraph 6.2, subject to compliance by the Customer with the terms of this Agreement. 6.2 CS Malbrook shall proactively maintain all Hardware and repair or replace any Hardware Components that fail within 8 hours. If the work associated with replacement of the Hardware is deemed by CS Malbrook to affect the Managed Hosting Service, CS Malbrook will notify the Customer prior to commencing work. 7 COMPENSATION 7.1 If CS Malbrook fails to meet the Service Level described in Clause 6.2 above, CS Malbrook will pay the equivalent of one day's Monthly Service Charge for each hour that a request remains unacknowledged by CS Malbrook. 7.2 If CS Malbrook fails to meet the Service Level described in Clause 4.1 (Network Availability) above, CS Malbrook will pay the equivalent of one day's Monthly Service Charge for each hour a Network Outage remains unresolved. 7.3 If CS Malbrook fails to meet the Service Level described in Clauses 4.2, 4.3, and 4.4 (Network Performance), CS Malbrook will pay the equivalent of one day's Monthly Service Charge for each hour a fault (which adversely affects the Managed Hosting / Cloud Service) remains unresolved or the Network remains adversely affected. 7.4 All service charge credits will be raised in respect of the service charge for the affected product or service in the next charging period that follows the period of 30 days following the failure in question and are subject to the terms of Clauses 8 and 9. Credits raised will be deducted from the Customer s next invoice. 8 NOTIFICATIONS 8.1 The Customer should contact CS Malbrook as soon as a fault with the Managed Hosting / Cloud Service is identified. 8.2 During Normal Business Hours, the Customer should contact CS Malbrook s support team on or support@csmb.co.uk

5 Page 5 of 6 Managed Hosting / Cloud Level Service Agreement 8.3 Following preliminary diagnostic work to identify the nature of the fault with the Managed Hosting / Cloud Service, a fault ticket will be issued by CS Malbrook in relation to the fault, which should be independently recorded by the Customer for future reference. Only one fault ticket will be issued in relation to a fault whether or not the fault gives rise to a failure of one or more Service Levels. 8.4 The Customer must supply all necessary data to identify and corroborate the presence of a fault and provide all necessary assistance to the CS Malbrook Engineer in determining the cause of the fault condition. 8.5 Claims under this SLA must be raised in writing. 9 COMPENSATION LIMITS 9.1 Service credits or other claims for financial compensation in respect of any given calendar month in which a failure or fault occurs shall not in any circumstances exceed the total monthly service charge (i.e. the actual monthly charge or a pro rated monthly charge where the actual billing period is longer than a month) for the Managed Hosting / Cloud Services for such given month, regardless of the number of faults reported and/or occurring in that period against any other product or service supplied by CS Malbrook. 9.2 Customers can only make one claim under the Service Levels set out in Clauses 4 and 6 of this SLA (pursuant to Clause 7) in respect of a single fault ticket and accordingly service credits will not exceed the amount of one day's service charge for each hour of failure (notwithstanding that such failure is a concurrent failure of two or more of the said Service Levels) arising out of one fault. 9.3 Claims for service credits cannot be made unless: a) made within 30 days of a fault being reported by the Customer; and b) accompanied by a valid fault ticket number. 10 EXCLUSIONS 10.1 The Service Levels will not apply and accordingly claims for service credits or other financial compensation whatsoever cannot be made in respect of the following: a) outages and/or loss or failure of service resulting from Scheduled Maintenance that may affect availability of all or any part of the Managed Hosting / Cloud Service;

6 Page 6 of 6 Managed Hosting / Cloud Level Service Agreement b) faults which are the result of misuse or interference by the Customer with the Servers or any other equipment supplied and managed by CS Malbrook; c) any outage and/or loss or failure of Service caused by any act or omission of the Customer in breach of this SLA or other contract with CS Malbrook; d) any outage and/or loss or failure of service resulting from Force Majeure.