(Last updated: January 19, 2016)
“Day Credit” means a credit equal to one-thirtieth (1/30) of the monthly recurring Service Fees, or applicable usage rate, paid to Hostway by Client (if Client is on an annual or quarterly Billing Cycle, then the credit will be calculated by dividing the Service Fees, or applicable usage rate, by 360 for annual or 90 for quarterly).
“Managed Server” means a dedicated server with Hostway’s TruFlexTM server configuration licensed to Client by Hostway as further specified in this SOW.
“Hardware” means the standard equipment originally installed on the Managed Server, including (a) network interface cards (NIC), (b) hard drives, (c) SATA and SAS drive controller cards, (d) central processing units (CPU), (e) random access memory chips (RAM), (f) motherboard, (g) power supply, and (h) fans and cooling units.
“Hardware Issue” means issues with Hardware requiring repair or replacement of it in Hostway’s reasonable determination.
“Network” means the combination of Hostway’s routers, switches, backbone connections, and cabling, but does not include services or software running on the servers (which may affect the performance or availability of the Network).
“Network Issue” means an issue with the Network resulting in Client being unable to transmit to and receive data from the Managed Server.
“Operational” means the applicable Managed Server responds to a ‘ping-test’ initiated by Hostway.
Hostway will resolve Hardware Issues within 1 hour of from the time Hostway receives notice of the Hardware Issue from Client through Hostway’s trouble ticket system and Hostway confirms that the issue is a Hardware Issue. This excludes non-standard equipment, custom ordered equipment, and the SAN Storage Device (Dell EqualLogic PS6500E Storage Array, which is guaranteed in accordance with the Dell Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch). Upon Client’s written request, Hostway will issue a Day Credit to the Client Account if Client’s Managed Server is not Operational, except for scheduled or emergency maintenance, for more than 1 hour from the time Hostway receives notice of the Hardware Issue from Client through Hostway’s trouble ticket system and Hostway confirms that the issue is a Hardware Issue. Client may receive an additional Day Credit for each additional 1-hour period that the Managed Server is not Operational, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.
The Network will be available to Client free of Network Issues 100% of the time, except for scheduled or emergency maintenance, in a given calendar month. Upon Client’s written request and subject to the exceptions herein, Hostway will issue the Client Account a Day Credit for each hour of Network Issue. The duration of a Network Issue is measured from the time Hostway receives notice of the Network Issue from Client through Hostway’s trouble ticket to the time the Managed Server is able to transmit and receive data. Client may receive an additional Day Credit for each additional 1-hour period of Network Issue, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.
Weekly scheduled maintenance windows will occur Thursday mornings from 12:00am Central Time (midnight) to 6:00am Central Time. At least 7 calendar days in advance, Hostway will notify Client of any planned downtime resulting from a scheduled maintenance. If there is a planned downtime resulting from an unscheduled maintenance, Hostway will make a good faith effort to notify Client in advance to come to an agreement on a time for such maintenance. Hostway may, at its sole commercially reasonable discretion, conduct an emergency maintenance window, at any time and without prior notice to Client, during which any or all Enterprise Services may be unavailable.
Client will not receive any Day Credit if Client is in violation of the MSA or for Hardware Issues or Network Issues resulting from, or in connection with, any of the following: (a) Scheduled or emergency maintenance; (b) Force Majeure; (c) Unavailability of, or interruption or delay in, Client’s third party products or services (including software and telecommunications) or Client’s own products or services; (d) Failures occurring beyond the Network, whether in whole or in part; (e) Client’s acts or omissions (or acts or omissions of third parties, including Client’s resellers, customers, End Users, or vendors), including negligence and misconduct; (f) Client’s request to re-install any operating system other than the currently supported version; and (g) Client’s violation of the MSA, including failure to timely pay Service Fees as they become due.
To apply for a Day Credit, Client must email within 3 business days of Hostway’s failure to meet this SLA and Client must include the server name, Client ID, date, and time for each such failure. Client acknowledges that incomplete Day Credit requests may be refused by Hostway. Hostway will not issue Day Credits as a refund. Day Credits will be applied on the Client Account toward future Service Fees payable and is subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.