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Critical Application Services – Service Level Guarantee (Advanced)

ADDITIONAL DEFINED TERMS

Some words used in these Critical Application Services – Service Level Guarantee (Advanced) have particular meanings:

“Availability” and “Available” for purposes of the Production Platform Uptime Guarantee shall mean that your Hosted System and the Operating System shall be operational and responding to the Monitoring Services.

“Fee” means your monthly recurring fee for the Hosting Services or your fees due for utility based Services.

“Minimum Requirements” means those requirements stated as part of initial configuration as quoted.

A “Monitoring Alert” is when a device being monitored violates a predefined error condition, and some form of notification (“Alert”) is generated.

“Monitoring Services” means the infrastructure, software and services responsible for monitoring devices and generating/tracking “Monitoring Alerts.”

“Month” means a thirty (30) day month, and all availability calculations shall be based upon a thirty (30) day month.

“Production Platform” means the Aegisys supplied and configured software, hardware, (including your Hosted System and any applicable Aegisys Cloud Services) that comprise the platform for which Critical Application Services have been purchased, but specifically excluding your software and any hardware or component which has been labelled “co-located”, “non-standard”, “unsupported” or with like designation.

“Unavailability” and “Unavailable” for purposes of the Production Platform Uptime Guarantee shall mean the opposite of availability.

1.1 Five Minute Notification Time. Aegisys will notify you via SMS text message, email, or the applicable ticketing system of Monitoring Alerts within 5 minutes of the Monitoring Alert being generated.

1.1.1 Remedy. If we fail to meet the notification time guaranties stated in this Section 1.1 you are entitled to a credit in the amount of five per cent (5%) of your monthly Fee for the affected Hosted System per event, up to 100% of your monthly Fee for the affected Hosted System(s).

1.2 Production Platform Uptime Guarantee

1.2.1 Platform Uptime. After the first sixty (60) days following the later of either your Service Commencement Date or the date you sign an agreement adding the Critical Application Services – Service Level Guarantee (Advanced) to existing devices, as applicable, Aegisys guarantees that your Production Platform will be Available 100% of the time in any given calendar month (excluding downtime due to maintenance or unavailability which is the result of the failure of a Storage Area Network (“SAN”), Network Attached Storage (“NAS”) or Direct Attached Storage (“DAS”) device).

1.2.2 Remedy. If we fail to meet the Production Platform Uptime Guarantee stated in this Section1.2, Aegisys will increase the credit amounts which are identified in the Service Level Agreement(s) in your Product Terms and Conditions or Cloud Terms of Service as follows:

1.2.2.1 For components of your Production Platform in the Managed Support Segment: if your Production Platform was Unavailable due to a failure by Aegisys to meet the guarantees stated in

Sections 4.1, 4.2 and 4.3 of your Product Terms and Conditions, Aegisys will increase the credit from five per cent (5%) of your monthly recurring fee for the affected hardware for each device for which Critical Application Services are purchased to ten per cent (10%) of your monthly recurring fee for the affected hardware for which Critical Application Services are purchased.

1.2.2.2 For components of your Production Platform in the Intensive Support Segment: if your Production Platform was Unavailable due to a failure by Aegisys to meet the guarantees stated in Sections 4.2, 4.3.1, and 4.3.2 of your Product Terms and Conditions, Aegisys will increase the credit from five per cent (5%) of your monthly recurring fee for the affected hardware for each device for which Critical Application Services are purchased to ten per cent (10%) of your monthly recurring fee for the affected hardware for which Critical Application Services are purchased.

Further, in the event that Aegisys fails to meet the guaranties stated in Sections 4.1, 4.4, 4.6 and 4.8 of your Product Terms and Conditions, Aegisys will increase the credit to an amount that is two (2) times the credit amount stated in those Sections per event for the affected hardware for each device for which Critical Application Services are purchased.

1.2.2.3 For components of your Production Platform in the Managed Colocation Support Segment: if your Production Platform was Unavailable due to a failure by Aegisys to meet the guarantees stated in Sections 6.1, 6.2 and 6.3 of your Product Terms and Conditions, Rackspace will increase the credit from five per cent (5%) of your monthly recurring fee for the affected hardware for each device for which Critical Application Services are purchased to ten per cent (10%) of your monthly recurring fee for the affected hardware for which Critical Application Services are purchased.

1.2.2.4 For components of your Production Platform in the Aegisys Cloud (Aegisys Cloud Servers): if your Production Platform was Unavailable due to a failure by Aegisys to meet the guarantees stated in your Cloud Terms of Service. Aegisys will increase the credit from five per cent (5%) of your monthly recurring fee for the affected hardware for each device for which Critical Application Services is purchased to ten per cent (10%) of your monthly recurring fee for the affected hardware for which Critical Application Services is purchased.

1.2.2.5 If your Production Platform was Unavailable due to failure or fault by Aegisys which is not identified in the preceding Service Level Agreement(s) you are entitled to a credit in the amount of ten per cent (10%) of your monthly recurring fee for the affected Production Platform for each thirty (30) minutes of Production Platform downtime up to one hundred per cent (100%) of your monthly fee for the affected Hosted System(s).

1.3 No Cumulative Credits. An event which would be eligible for a credit under both the applicable Sections of your Product Terms & Conditions and Section 1 of this Critical Application Services – Service Level Guarantee (Advanced) shall only be eligible for credit only under the Section yielding the greater potential service level credit.

1.4 Limitations on Credits

1.4.1 Minimum Requirements. The credits stated in this Critical Application Services – Services Level Guarantee (Advanced) shall only apply provided that you meet the Minimum Requirements established by Aegisys, and shall not apply to the extent that you make changes to the Hosted System, or otherwise cause or request any change that prevents Aegisys from providing the Critical Application Services or meeting the service level guarantees stated herein.

1.4.2 Maintenance. You are not entitled to a credit for downtime or outages resulting from Maintenance.

“Maintenance” means:

1.4.2.1 Aegisys maintenance windows – upgrades or repairs to shared infrastructure, such as core routing or switching infrastructure that we scheduled at least seventy-two (72) hours in advance and that occurs during off peak hours in the time zone where the data center is located;

1.4.2.2 Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades; or

1.4.2.3 Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Aegisys networks.

1.4.3 Disabling or Removing of Monitoring or Security Services, Interference with Services. You must notify us in advance if you plan to disable, block, or remove any monitoring or security element of your Hosting Service (including any applicable Aegisys Cloud Services) for more than thirty (30) minutes. We will not issue you any credit for events that might have been avoided or mitigated if you had not disabled, blocked or removed our monitoring or security elements, or otherwise interfered with our ability to provide the Services. Monitoring and security elements include, without limitation, Microsoft Operations Manager, Microsoft Systems Management Server, Microsoft Active Directory, Winternals Defrag Manager, Dell OpenManage, Gravityzone BitDefender, OSSEC, and Alienvault SIEM, Connectwise Suite of applications.

1.4.4 Extraordinary Events. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within our control, including spikes in network traffic or application utilization which are unpredictable utilizing the Monitoring Services and substantially disproportionate from your historical usage.

1.4.5 Your Breach of the Agreement. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement.

1.4.6 Critical Application Services Configuration Guidance. In order to ensure that Aegisys is able to provide you with the Critical Application Services, Aegisys support teams may occasionally provide you with recommended configuration changes or upgrades (the “Configuration Guidance”). You shall not be entitled to a credit if the event giving rise to the credit would not have occurred but for your failure to implement the Configuration Guidance or otherwise address the issue in a manner which permits Aegisys to provide the Critical Application Services within five (5) days of your receipt of the Configuration Guidance, or such other time frame as stated in the Configuration

Guidance.

1.4.7 Redundancy. You shall not be entitled for a credit under Section 1.2 of this Critical Application Services – Service Level Guarantee (Advanced) for a loss of a redundant aspect of your Hosted System or loss of a device or set of devices which comprise all or part of a High Availability configuration so long as the remaining device or devices within your Production Platform otherwise remain Available. For the avoidance of doubt, “High Availability” configuration is defined within the Minimum Requirements.

1.4.8 Cloud Services. Critical Application Services is only available on Aegisys Cloud Servers and you will not be entitled for a credit under Section 1.2 of this Critical Application Services – Service Level Guarantee (Advanced) if the Unavailability of your Production Platform is caused by another Aegisys Cloud Service.

1.4.9 Support for Adobe® Acrobat. If you are purchasing subscriptions for Adobe Acrobat, such service is subject to the terms at Legal information | Adobe.

1.4.10 Support for GravityZone Bitdefender®. If you are purchasing subscriptions for GravityZone Bitdefender , such service is subject to the terms at Legal (bitdefender.com).

1.4.11 Support for AUVIK®. If you are purchasing subscriptions for AUVIK, such service is subject to the terms at Terms of Service | Auvik Networks.

1.4.12 Support for MICROSOFT®. If you are purchasing product Subscriptions for MICROSOFT, such as MICROSOFT365, such service is subject to the Terms of MICROSOFT.

Source URL: Service Level Agreement – Advanced – Aegisys Cloud Solutions

© 2022 Aegisys Inc. – Global Terms – Revised, March 31, 2021

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Rick is the founder of Aegisys Cloud Solutions. Rick is involved in all aspects of Aegisys Corporate and is a core mentor in the provisioning of IT Support services including hosting, database management, and web provisioning. When not in the office Rick can be found fishing, walking his dog or spending time with family.