Service Level Agreement (SLA)

This  Guaranteed 100% Uptime Service Level Agreement (this "SLA")  is a binding agreement between Vault and Customer and supplements the Terms of Service executed between the parties, posted here. (the "Agreement").

This  SLA covers the following elements of the Service:

Network  Performance
Hardware  Replacement
Support  Response Time
Domain  Name Services
Power  Availability & Performance
Cooling  & Environment
Server  Power Cycling
Physical  Security
24  x 365 On-Site Engineering

*  "Uptime" refers to network performance, as defined in Article II.B  below.

I.  REMEDIES FOR SERVICE FAILURE

 A.  100% Guaranteed

 (1) If the  Service does not achieve the performance levels described in Articles II  through X below ("Failure"),  Vault will provide Customer with a 100% Service Credit (as defined below),  pursuant to the provisions, requirements, and limitations of this SLA,  including Articles XI through XIII.
 (2) A "100% Service Credit" is a credit equivalent Customer's Service Fees for the duration of the Failure,  applied against fees for the Service Element (as defined below) subject to the  Failure. (For example, where applicable pursuant to this SLA: a Failure lasting  seven (7) hours would result in credit of seven (7) hours of free service. No  credit will exceed one hundred percent (100%) of Customer's Fees for such  Service Element for the then-current billing month. A "Service Element" is  any element or feature of the Service assigned its own price on Vault price  list or invoice or on any quote given to Customer. All credits referenced in  this SLA are 100% Service Credits.

B.  Contract Termination Option

Customer may  terminate the Agreement, pursuant to Subsection 3(b) of the Agreement, without  advanced notice, in the event that Vault awards it 60 or more days of total  credits during any single contract year, provided 3 or more separate instances  of Failure occurred during such year. For purposes of this clause, a contract  year is the 12-month period beginning on first day Vault provides Service.  Notwithstanding the foregoing, this SLA does not authorize termination of any  Service Element for which Vault purchased telecommunications circuits or other  resources for Customer's sole use.

C.  Exclusive Remedies & Warranty Disclaimer

The remedies  set forth in this SLA are Customer's sole and exclusive remedies for Failure,  including without limitation for any breach of warranty, except as specifically  set forth in the Agreement.

II.  NETWORK PERFORMANCE

Vault will  deliver 100% Uptime, as defined in Part II.B below. In addition, Vault will  deliver network performance meeting or exceeding the specifications listed in  this Article II.

A.  Network Performance Terms

"Jitter" means variation in  Latency.
"Latency" refers to the amount  of time it takes for a packet of data to travel from one point to another.
"Maximum  Jitter" means the highest permissible level of jitter within a given period when there  is no Network Outage.
"Network  Outage" means an unscheduled period during which IP services are not useable due to  capacity-constraints on the Vault network or a hardware failure in the Vault  network.
"Packet  Loss" means Latency in excess of 10 seconds.

All Jitter,  Latency, and Packet Loss metrics below are monthly averages, unless otherwise  noted in this Article II.

B.  Internal Network Performance

  • Network  Outage: None
  • Packet  loss < 0.1%
  • Latency  < 5ms
  • Jitter  < 0.5ms
  • Maximum  Jitter: 10 milliseconds within any 15-minute period.

C.  External Network Performance

At least two  (2) of the specified networks in each continent will meet the performance  specifications listed below at any given time, as measured by Vault. Vault may  change the specific measured hardware devices without notice.

  • North American Network Performance
    • Packet loss to West Coast of North  America < 0.2%
    • East Coast of North  America < 0.3%
    • Latency to West Coast of North  America < 45ms
    • East Coast of North  America < 90ms
    • Jitter to West Coast of North  America < 1.0ms
    • East Coast of North  America < 1.2ms
    • Maximum Jitter: 10  milliseconds during any 15-minute period.
    • Performance measured  the following North American networks: Verio, Level3, Above.net, UUNet.

  • South American Network Performance
    • Latency to South  America < 220ms
    • Maximum Jitter: 10  milliseconds during any 15-minute period.
    • Performance measured  on the following South American networks:
                        Brazil: UOL, STI
                        Chile: Netline, Firstcom
                        Argentina: UOL Sinectus, Sion

  • European Network Performance
    • Latency to Europe <  175ms
    • Maximum Jitter: 10  milliseconds during any 15-minute period.
    • Performance measured  on the following European networks:
                        France: Tiscali, France Telecom, Neuf Telecom
                        United Kingdom: NTL, Zen, Pipex
                        Germany: Star 21 Networks, PJS net, T-Online

  • Asian Network Performance
    • Latency to Asia <  170ms
    • Maximum Jitter: 10  milliseconds during any 15-minute period.
    • Performance measured  on the following Asian networks:
                        Japan: Singtel, Tuka, IA Japan
                        Hong Kong: Uni Net, Linkage, HK Supernet
                        South Korea: Kornet, Moumnet, BoraNet / SuperNet

  • Australia Network Performance
    • Latency to Australia  < 200ms
    • Maximum Jitter: 10  milliseconds during any period of 0.1% of a calendar month.
    • Performance measured  on the following Australian networks:
                        Optusnet, iiNet, Netspace, TPG, Adam Internet

  • South Africa Network Performance
    • Latency to South  Africa < 480ms
    • Maximum Jitter: 10  milliseconds during any period of 0.1% of a calendar month.
    • Performance measured  on the following South African networks:
         South Africa: Coza, XSInet, Inloco
                        Zimbabwe: Mweb, Utande, Telconet

D.  Limitations

This SLA does not cover (without limitation): (a) network performance to Customer's physical  location or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.

III.  HARDWARE REPLACEMENT

60-minute  replacement of the following Vault provided hardware:

  • Hard drive
  • Memory
  • Processor
  • Power supply
  • Network Interface Card
  • Motherboard (results in complete server replacement)
  • Hardware firewall

Vault will repair or remove and install reasonably comparable replacements if it  determines, in its sole discretion, that the hardware is defective. The period  listed above begins upon such determination. The period listed above refers  only to the time required to physically repair or replace the failed hardware  element and does not apply to any time spent: (a) addressing data, operating  systems, or other software or systems corrupted or destroyed by hardware  failures; or (b) communicating with Customer regarding permissions or  instructions.

IV.  SUPPORT RESPONSE TIME

  • EMERGENCY  tickets - 30 minutes
  • The  following are the EMERGENCY categories:
    • Server down
    • Packet loss
    • Routing issue
  • All  other tickets - 120 minutes

A tracking  number will automatically be provided to Customer promptly after ticket  creation, and a human support engineer will review the support request within  the timeframe listed above. Vault may reclassify any ticket misclassified as  falling into one of the EMERGENCY categories listed above, and such tickets  will not qualify for EMERGENCY treatment. Resolution and repair times vary, and  this SLA does not address them.

V.  DOMAIN NAME SERVICES

Primary  DNS availability: 100%

"DNS" means domain name  server. A period of DNS failure is any time during which 100% of Vault Domain  Name Servers simultaneously fail to respond to requests for name resolution.  This SLA does not guarantee propagation of DNS data across the Internet or the  hosting of secondary DNS service for Customer's primary domain in another  location, and it does not guarantee against zone inaccuracies due to operator  error. No failure listed in the preceding sentence will be considered a  Failure.

VI.  POWER AVAILABILITY & PERFORMANCE

Vault will  provide power availability sufficient to run Customer hardware 100% of the  time. Vault will also provide the power performance required below.

  • Availability:  100%
  • Voltage  fluctuations: +/- 10%

A power  Failure is a loss of electrical power or a voltage fluctuation, exceeding the  limits above, in any part of the delivery system (utility company supply,  on-site generation, UPS, circuit, or power strip) which causes Customer's  hardware to shut down. A period of power-related Failure is measured from the  time that the support ticket is opened to the time that the electrical supply  is restored, and does not include any time required to remedy any issues  resulting from the electrical failure.

VII.  COOLING & ENVIRONMENT

Data  Center Temperature: 67 â€" 74 degrees Fahrenheit

  • Relative  Humidity: 35% - 60%

As used in  this SLA: (a) relative humidity is the ratio of water vapor density (mass per  unit volume) to saturation water vapor density, expressed in a percentage; and  (b) both temperature and relative humidity are averages of several measurements,  each from one of the Facility's CRAC (computer room air conditioning) units. Vault  will monitor, but is not required to report to Customer on, environmental  conditions in the Facility.
Cooling and  environment credits apply to fees for Space rental only. Space rental will be  considered a Service Element, and if Vault has not assigned it a specific  price, Vault may determine, at its sole discretion, the portion of fees  attributable to Space rental.

VIII.  SERVER POWER CYCLING

Server  power cycling: < 15 minutes

The Service  includes an automated system for cycling each individual power circuit. The  Customer Portal allows Customer to request an immediate power cycle (a "Reboot  Request"). This SLA applies only to requests for power cycling initiated  through such automated system. The figure listed above is the maximum period  between the time of the Reboot Request and either the actual server power  cycling or notice to Customer that the power cycling failed. Any failure of Vault's  system to respond within that timeframe constitutes Failure only if Customer  files a trouble ticket requesting a manual server power cycle.

IX.  PHYSICAL SECURITY

24  x 365 on-site security

Vault will  ensure the presence of a professional security guard in the building at all  times, charged with enforcingsecurity policies. (Those policies require, among  other things, that employees, vendors, and visitors wear a badge and that  visitors who have not been issued a permanent badge leave a valid U.S. driver's  license or passport with the guard while on the premises.)

X.  24 x 365 ON-SITE ENGINEERING

24  x 365 On-Site Engineering,

Support  engineers actively on duty on the raised data center floor 24 hours per day,  every day of the year.

XI.  CREDIT REQUIREMENTS

The following  are required for credits:

A. Customer  must open a valid and complete trouble ticket through the Customer Portal  during any Failure, providing complete information regarding the nature of the  problem, including any information reasonably necessary for diagnosis and  correction. Customer will provide this notification even if Vault provides  monitoring services.

B. Customer  must provide Vault with accurate and complete designated points of contact,  using the Customer Portal. Customer must provide Vault with accurate passwords  for maintenance and repair use by Vault engineers. Delays or failures caused by  Customer's failure to abide by the requirements of this Article XI.B do not  constitute Failures.

C. Customer  must request any credits by accurately completing the automated SLA Credit Request process online at the Customer Portal within 48 hours of the start of  the Failure.

XII.  CREDIT LIMITATIONS

A. The  minimum period of Failure eligible for a credit is 60 seconds, and shorter  periods will not be aggregated. The maximum credit for any single Failure is  one month's Service fees. In the event that multiple periods of Failure overlap  in time, credits will not be aggregated, and Customer will receive credit only  for the longest such period of Failure. The maximum credit during a single  calendar year, for all Service Elements combined, is two months' Service fees,  regardless of the length of Failure or the number of occurrences. The period of  Failure for Network Performance, Domain Name Services, Power Availability &  Performance, Cooling & Environment, and Physical Security (Articles II,  V-VII, and IX above) begins upon filing of a trouble ticket and ends when the  Failure is remedied.

B. In the  event that credits for any calendar month exceed 25% of Vault revenues for such  period, Vault may reduce and pro-rate the value of credits given to all Customers  for such period so that the aggregate credit given to all Customers does not  exceed 25% of revenues. As used in the previous sentence, "Vault revenues" and  "all Customers" refer to revenues and customers from Internet colocation, and  hosting services sold under the "Vault" brand, and not to revenues or customers  from any other business unit operating under another name or providing services  other than or in addition to Internet colocation. Vault may employ such  accounting procedures as it chooses in calculating revenues, in its sole  discretion, and nothing herein will be construed to require that Vault disclose  non-public information about its finances to Customer or to any party.

C. Credits  available pursuant to this SLA apply only to future service delivery. Vault is  not required to provide refunds pursuant to this SLA. If Customer's Signup  provides for a Prepayment Period, credit will apply to any renewal of such  Prepayment Period, but Customer may instead elect to apply credit to any  additional Vault products or services. If Customer retains a credit balance on  termination of the account in question, such credit is forfeited.  Notwithstanding the foregoing, credits will not be applied against fees for  Professional Services, bundled support, or setup fees.

D.  Notwithstanding any provision to the contrary in this SLA, the following do not  constitute Failures: (1) downtime during scheduled maintenance or Emergency  Maintenance (as defined below) periods; (2) outages caused by acts or omissions  of Customer, including its applications, equipment, or facilities, or by any  use or user of the Service authorized by Customer; (3) outages caused by  hackers, sabotage, viruses, worms, or other third party wrongful actions; (4)  DNS issues outside of Vault's control; (5) outages resulting from Internet  anomalies outside of Vault's control; and (6) outages resulting from fires,  explosions, or force majeure. "Emergency Maintenance" refers to any corrective  action intended to remedy conditions likely to cause severe Service  degradation, as designated by Vault in its sole discretion. Emergency  Maintenance may include but is not limited to actions intended to address  hardware or software failures or viruses/worms. As provided in Section 6 of the  Agreement, Vault will exercise reasonable efforts to inform Customer in advance  before interrupting the Service for Emergency Maintenance, but such notice is  not guaranteed and failure thereof does not constitute Failure.

XIII.  Terms of Service / The Agreement

Terms defined  in the Agreement will have the same meaning when used in this SLA. In the event  of any conflict between this SLA and the Agreement, the Agreement will govern.

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