1) Coverage; Definitions
This Longsight Group Service Level Agreement (SLA) applies to clients that have contracted for web hosting or web services from The Longsight Group ("Longsight").
As used herein, the term "Web Services Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of client's web service is available for access by third parties via HTTP and HTTPS, as measured by Longsight.
2) Service Level
Longsight's goal is to achieve 100% Web Service Availability for all clients.
Remedy:
Subject to Sections 3 and 4 below, if the Web Service Availability of client's web service is less than 100%, Longsight will issue a credit to client in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
Web Service Availability Credit Percentage:
99.9 to 100% 0%
98% to 99.8% 5%
95% to 97.9% 15%
90% to 94.9% 30%
89.9% or below 100%
Credit remedies do not apply to monthly fees charged for support of applications.
3) Exceptions
Client shall not receive any credits under this SLA in connection with any failure or deficiency of Web Service Availability caused by or associated with:
- circumstances beyond Longsight's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
- failure of access circuits to the Longsight network, unless such failure is caused solely by Longsight;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Longsight;
- issues with FTP, POP, IMAP or SMTP client access;
- false SLA breaches reported as a result of outages or errors of any Longsight measurement system;
- client's acts or omissions (or acts or omissions of others engaged or authorized by client), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the services in breach of Longsight's Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. Longsight is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Longsight will guarantee only those areas considered under the control of or contract by Longsight: Longsight server links to the Internet, Longsight's routers, and Longsight's servers.
4) Problem escalation:
Tier 1 problem reports (client end user issues and inquiries) will typically be handled by the client or client employees but may be escalated by the client to Tier 2 status.
Tier 2 reports (questions about the operation of supported services, reports of software bugs, requests for feature additions, etc.) will be submitted to Longsight via email, by phone or during the routine conference calls and handled on a priority basis. Tier 2 problem reports will be counted against the contracted annual allocation of support hours.
All emergency reports concerning web service availability, outages or other conditions that broadly affect the client’s services shall be reported by telephone (preferred) or by email. Responses to outages are not counted against the contracted annual allocation of support hours.
All problem reports will be submitted by client employees to support@longsight.com or by telephone to the Longsight offices (contact us). Email reports flow immediately into Longsight’s problem tracking systems and will be confirmed by return email. Phone reports will be entered into the problem tracking system when received.
In the event that the client’s services are inaccessible for a period of more than four (4) hours, Longsight will arrange for a conference call with client staff members to discuss the situation and plan for recovery.
5) Credit Request and Payment Procedures:
In order to receive a credit, client must make a request by sending an email message to support@longsight.com Each request in connection with this SLA must include client's name and the dates and times of the unavailability of client's web service and must be received by Longsight within ten (10) business days after client's web service was not available. If the unavailability is confirmed by Longsight, credits will be applied within two billing cycles after Longsight's receipt of client's credit request.
Notwithstanding anything to the contrary herein, the total amount credited to client in a particular month under this SLA shall not exceed the total hosting fee paid by client for such month for the affected services. Credits are exclusive of any applicable taxes charged to client or collected by Longsight and are client's sole and exclusive remedy with respect to any failure or deficiency in the Web Service Availability of client's web services.
These Longsight Group policies and procedures are subject to change. For more information about this policy, contact team@longsight.com
March 12, 2003; revised March 9, 2008 (problem escalation section)
