Managed Server Service Level Agreement (SLA)
Oryon (Exceeding Expectations) India, (referred hereinafter as ‘Oryon Exceeding Expectations’, ’www.oryon.net’, ‘our’, ‘we’ and ‘us’) is a web hosting solutions provider. All managed servers are subject to the managed Server SLA described in this document.
Unless otherwise stated, Oryon (Exceeding Expectations) does not guarantee a deployment timeframe but will use reasonable endeavours to deploy the server(s) promptly. Oryon (Exceeding Expectations) may, from time to time, agree to provide a guaranteed deployment timeframe (a “Deployment Guarantee”) for an additional fee. Where such Deployment Guarantee is agreed, Oryon (Exceeding Expectations) will deploy the Server(s) by the date stated in the Hosting Services Agreement, provided that you promptly provide all information that we reasonably request from you to complete deployment. Servers are deemed deployed as of the time that Oryon (Exceeding Expectations) generates an email message to you that includes the information needed to allow you to transfer information to and from the Server(s). Your sole and exclusive remedy for our failure to meet the Deployment Guarantee shall be a credit equal to the amount of the fee paid for the Deployment Guarantee service. You are not entitled to a credit if you request or cause the deployment delay. This Deployment Guarantee does not apply to any software, other managed services, or hardware devices other than the Server(s). If you request (orally or in writing) that we deploy your servers by a specific date or on an “expedited” basis for no additional fee, then the Deployment Guarantee shall not apply, and we commit only to using reasonable endeavours to deploy the Server(s) by the date requested.
We guarantee that our data center network will be available 99.9% of the time in any given monthly billing period, excluding scheduled maintenance.
3. Data Center Infrastructure
We guarantee that data center power will be functioning 99.9% of the time in any given monthly billing period, excluding scheduled maintenance. Infrastructure downtime exists when managed servers downtime occurs as a result of power or heat problems.
We guarantee the functioning of the following hardware: (i) switches, firewalls, load balancers and servers; (ii) direct attached storage devices; (iii) network attached storage devices; and (iv) storage area networks (“SAN”). Hardware repair or replacement will begin once we identify the cause of the problem. Hardware repair or replacement is guaranteed to be complete within one (1) hour of problem identification for switches, firewalls, load balancers, servers and direct attached storage devices, and within five (5) hours of problem identification for network attached storage devices. For SAN hardware failures, we guarantee that we will have a technical specialist and necessary parts onsite to begin repairs within four (4) hours of problem identification. We will credit your account five per cent (5%) of the monthly fee per additional hour of downtime (after the initial one (1) hour or five (5) hours for repair or replacement, as applicable, or, for SAN, the additional hour of delay in beginning repairs), up to one hundred per cent (100%) of your monthly fee for the affected hardware. This guarantee excludes the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reconfigure devices from their default settings, reload operating systems, reload and configure applications, and/or restore from backup (if necessary).
You are not entitled to a credit for downtime or outages resulting from Maintenance. For the purposes of the Service Level Guarantee, Maintenance shall mean:
- a. Oryon (Exceeding Expectations) maintenance windows – modifications or repairs to shared infrastructure, such as core routing or switching infrastructure that we provide notice of at least seventy two (72) hours in advance, that occurs during off peak hours in the time zone where the data centre is located;
- b. 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;
- c. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Oryon (Exceeding Expectations)’s network.
6. 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 remedied 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 or misuse of your Hosted System.
7. Unsupported Configuration Elements or Services
If you ask us to implement a configuration element (hardware or software) or hosting service in a manner that is not customary at Oryon (Exceeding Expectations), or that is in “end of life” or “end of support” status we may designate the element or service as “unsupported”, “non-standard”, “best efforts”, “reasonable endeavours”, “one-off”, “EOL”, “End of Support”, or with like term in the Services Description (referred to in this Section as an “Unsupported Service”). Oryon (Exceeding Expectations)makes no representation or warranty whatsoever regarding Unsupported Service so designated, and you agree that Oryon (Exceeding Expectations)shall not be liable to you for any loss or damage arising from the provision of the Unsupported Service. The Service Level Guarantees shall not apply to the Unsupported Service, or any other aspect of the Hosting Services that is adversely affected by the Unsupported Service. You acknowledge that Unsupported Services may not interoperate with Oryon (Exceeding Expectations)’s other services, such as backup or monitoring.
8. 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.
If we fail to meet a guarantee stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the managed servers adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
Network: Five percent (5%) of the fees for each 30 minutes of network downtime, up to 100% of the monthly fees;
Data Center Infrastructure: Five percent (5%) of fees for each 30 minutes of infrastructure downtime, up to 100% of the monthly fees;
You are not entitled to a credit if you are in breach of your services agreement with Oryon (Exceeding Expectations) India, (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with Oryon (Exceeding Expectations).
To receive a credit, you must contact your Oryon (Exceeding Expectations) account team within thirty (30) days following the end of the downtime. You must show that your use of the servers was adversely affected in some way as a result of the downtime to be eligible for the credit.
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the billing period, including all guarantees, shall not exceed 100% of your fee for that month. Credits that would be available but for this limitation will not be carried forward to future billing periods.