This Service Level Agreement (the “SLA”) is an integral part of your agreement with Boyce Suite Company Ltd. for the provision of services (collectively the “Services”) set forth on the Service Order.
This SLA defines the terms of our responsibility with respect to the Services that we provide (the “Service Commitments”) and your remedies in the event that we fail to meet these Service Commitments. This SLA and the refunds set forth herein (the “Service Credits”) represent Boyce Suite Company Ltd.’s sole obligation and your sole remedy for our failure to meet such Service Commitments.
The Service Commitments under this SLA are as follows:
Boyce Suite Company Ltd. guarantees 99% network uptime for our public Internet network, excluding scheduled maintenance. Notwithstanding the foregoing, you recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of Boyce Suite Company Ltd.. This SLA and the 99% Network Uptime Service Commitment cover the provision of access by Boyce Suite Company Ltd. to the global internet “cloud”. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of Boyce Suite Company Ltd. can and will occur, and such instances shall not be considered any failure of the 99% Network Uptime Service Commitment. Boyce Suite Company Ltd. proactively monitors network uptime. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime.
You understand that you are solely responsible for ensuring that all data residing on any server managed through Boyce Suite Company Ltd. is backed up. Boyce Suite Company Ltd. assumes no responsibility for such data, any loss thereof or inability to access any such data. In no event shall Boyce Suite Company Ltd. be liable for damages resulting from loss of data, profits or for any incidental or consequential damages, even if advised of the possibility of such damage.
Third-Party Applications: We are in no way responsible for application-level patching or upgrades but will assist customers upon request at our discretion.
In the event that we fail to meet a guarantee stated above (excluding scheduled maintenance), Boyce Suite Company Ltd. will refund 5% of your monthly service fees for each six (6) hours of downtime experienced up to 100% (for all Service Credits in a given month) of the monthly service fees for those Services affected.
All SLA claims should be communicated via email to Boyce Suite Company Ltd. within seven (7) days of the incident. The email must include all relevant information, including host name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
In order to qualify for Service Credits, you must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Boyce Suite Company Ltd..
No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your personnel, (ii) due to failure of any equipment or software provided by you, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which you are entitled to a Service Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from your breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Boyce Suite Company Ltd..
Total cumulative Service Credits during any given month shall not exceed your monthly fee for those Services affected.
Boyce Suite Company Ltd. may modify any aspect of this SLA upon thirty (30) days’ prior notice. Should you wish to terminate this Agreement as a result of such modification, you may do so by sending a notice of termination via email to Boyce Suite Company Ltd. any time prior to the effective date of such modification and no Early Termination Fees will apply. Absent such termination notice, the modified SLA shall apply from the effective date for as long as you continue to retain Services from Boyce Suite Company Ltd..