This Service Level Agreement (SLA) is a part of the Master Services Agreement (“MSA” or Agreement) between Customer and VELOCIHOST. Capitalized terms used herein that are not defined in this SLA shall have the meaning attributed to them in the MSA.
1. SERVICE COMMITMENT.
VELOCIHOST is committed to providing a reliable, high-quality network and compute infrastructure to support its high-performance cloud computing and network services (Services). As part of this commitment, VELOCIHOST is pleased to offer eligible Customers the following guarantees as concerns the Service in North America’s Miami, FL USA datacenter.
A. NETWORK, SERVICE AVAILABILITY AND NOTIFICATION GUARANTEE
VELOCIHOST’s network is designed for 100% availability and provides 99.99 uptime SLA.
If Customer experiences Network Unavailability for more than 15 consecutive minutes, Customer will receive, at Customer’s request, one (1) day Service Credit for each cumulative hour of Network and Service Unavailability in any calendar month. Provided the VELOCIHOST Network experiences at least one (1) hour of Network Unavailability in any given calendar month, additional Network Unavailability of less than one (1) hour will result in a proportional Service Credit. (Example: 2 hours, 15 minutes of Network Unavailability will result in 2.25 days Service Credits.) Customer may obtain no more than one (1) month Service Credit for any given month.
VELOCIHOST’s Outage Notification Guarantee is to proactively notify a VPS, Bare Metal and GPU Servers Service Customer within 15 minutes after VELOCIHOST determines that Customer’s Service is unavailable. VELOCIHOST’s standard procedure is to ping the network infrastructure from off-net and on-net monitoring probes every minute. If a core, distribution, or access network device does not respond after ten consecutive ping cycles, VELOCIHOST will deem the Service unavailable and will contact Customer’s designated point of contact by a method elected by VELOCIHOST (telephone or email).
If VELOCIHOST fails to meet this Outage Notification Guarantee, Customer will receive, at Customer’s request, one (1) day Service Credit for the Service with respect to which this Guarantee has not been met. Customer may obtain no more than one day Service Credit per day, regardless of how often in that day VELOCIHOST failed to meet the Customer Reporting Guarantee. Customer may obtain no more than one (1) month Service Credit for any given month.
The unavailability of any service derived from customer firewall policies or application misconfiguration of the Services shall not constitute Network or Service Unavailability and Customer shall not be eligible for any Service Credits with respect to such unavailability. Nor will constitute service unavailability the interruption of services in compliance with VELOCIHOST’s terms of service or applicable Master Services Agreement provisions.
B. NETWORK THROUGHPUT GUARANTEE.
For Dedicated Services customers only, the monthly average Network Throughput for data packets carried over the VELOCIHOST Network between datacenters and external networks is determined by customer service level specifications. External connectivity is guaranteed up to delivery of data packets to an external network. Once data packets have exited the VELOCIHOST network, and have traversed into a third-party, external network, it is deemed as delivered and not in VELOCHOST’s responsibility.
For multi-server deployments of dedicated, bare-metal, single-tenant services, VELOCIHOST’s guarantees delivery of data traffic within the internal data center network at wire speeds, and per service plan bandwidth specifications data rate in bits per second.
Network Unavailability means the number of minutes that the VELOCIHOST Network or Service was not available to Customer, including the number of minutes that the VELOCIHOST Network was not available associated with any non-Scheduled Maintenance to the VELOCIHOST Network, server, or datacenter infrastructure. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Customer’s applications, equipment, or firewalls; (b) acts or omissions of Customer or an authorized user; (c) unavailability caused by companies other than VELOCIHOST, except VELOCIHOST-ordered third-party local circuits; or (d) Force Majeure.
Scheduled Maintenance means any maintenance of the VELOCIHOST Network (or portion thereof) to which Customer’s is connected that is performed during a standard maintenance window. Customers will be notified via Email at least two (2) business days in advance of any scheduled maintenance that is likely to affect their service. In most cases, maintenance performed will not take the full configuration window, however, VELOCIHOST will inform Customer as to anticipated duration in the maintenance notification E-mail.
Service Credit means:
- One (1) day Service Credit = 1/30th of Customer’s Monthly Recurring Charges.
- One (1) week Service Credit = 7/30ths of Customer’s Monthly Recurring Charges.
- One (1) month Service Credit = Full amount of Customer’s Monthly Recurring Charges.
4. SERVICE CREDIT CLAIM PROCESS.
To initiate a claim for Service Credit, Customer must contact VELOCIHOST’s customer service within seven (7) business days after the end of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric.
Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, VELOCIHOST will issue Service Credit to Customer’s account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of all Service Credits for all failures to meet Guarantees occurring in a given month may not exceed the total Monthly Recurring charge actually paid by Customer for Service during that month. Service Credits will be credited against a Customer’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.
The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its MSA with VELOCIHOST, and the failure of Customer to comply with those terms and conditions may invalidate VELOCIHOST’s guarantees provided herein. No credit is available for a Customer (a) that is blocking VELOCIHOST from pinging their service endpoints or hosts; (b) that does not provide the necessary evidence to enable VELOCIHOST to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with VELOCIHOST. VELOCIHOST is not liable for failure to fulfill its obligations hereunder if such failure is due to Customer’s use of bandwidth in excess of the maximum amount specified in Customer’s MSA, Customer’s failure to comply with Acceptable Use Policy, or acts beyond VELOCIHOST’s reasonable control, such as Force Majeure.
Last updated: January 9th, 2023.