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____________________________________________________________________________________________________________
Email SLA (SERVICE LEVEL AGREEMENT)
Effective Date: April 4th, 2010
A. Introduction
This Service Level Agrement outlines the service Uptime and Delivery guarantees
that CNG Internet, Inc, is giving each and every eligible customer (the "Customer")
that has contracted for our Email Hosting service(s) (the "Hosted Service").
B. Action taken by CNG Internet after Non-Compliance of its part
of this SLA
CNG Internet will credit a pro-rated Service-Credit (outlined in section "G"
of this SLA) for each month that this noncompliance occurred.
C. Eligible Customer Any one of CNG Internet customers that
contracted for Exchange 2010 Email services is eligible, if:
- he / she is not delinquent in payments,
- has not otherwise breached any of Customer's obligations to CNG Internet
- ..... AND
- requests the Hosted Service Credit (as defined in section "H" and "I" of this SLA) from
CNG Internet for its noncompliance with this SLA
- in writing
- within 30 days of the end of the month in which such noncompliance occurred.
D. Covered Services
The Hosted Services collectively are comprised of:
- Hosted Microsoft Exchange 2010 Email
- BlackBerry Enterprise Server
- Microsoft ActiveSync Services
- Good Mobile Services
- Microsoft Forefront and TMG Anti-Spam & Virus Protection
E. Covered Uptime and Duration CNG Internet guarantees
to Customer that its Hosted Services will be available 99.9% of the time during any
calendar month, subject to the terms and as set forth in this SLA (the “Uptime Guarantee").
F. Exclusions
Unavailability of Exchange 2010 Email, as well as System Downtime caused by any
of the events noted below will be excluded from the Hosted Service availability
calculations (“Excused Outages"):
- Customer problems, including, but not limited to:
- Customer environment issues affecting connectivity or interfering with the Hosted
Services, including without limitation, Customer’s connection to the Internet
- Customer software or equipment problems, Customer’s firewall software problems,
Customer hardware settings, operating system settings, application software settings
or security settings
- Customer’s configuration of anti-virus software or anti-spyware or malware software,
or operator error of Customer
- third party attacks, including without limitation, hacks, intrusions, distributed
denial-of-service attacks or any other third party actions intended to cause harm
to or disrupt the Hosted Services.
- verified bugs of any third party software used in conjunction with the Hosted
Services (including Microsoft software)
- force majeure events, including, without limitation fire, flood, earthquake, elements
of nature or acts of God; third party labor disruptions, acts of war, terrorism,
riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other
similar governmental action; or any other similar cause beyond the reasonable control
of CNG Internet
- issues related to third party domain name system (DNS) errors or failures
- scheduled maintenance of the Hosted Services, conducted on a regular basis, of
which CNG Internet will give Customer a minimum of 24hrs advanced notice by
email or notification posted to the CNGInternet.com Customer Control Panel (CCP)
- emergency maintenance of the Hosted Services, not to exceed 4 hours in any
month, for which Customer may not receive advanced notice.
G. Service Credit Calculation
CNG Internet will credit the Customers Account affected by a Service Outage
or unavailability with a 10% discount for every 1% of downtime,
calculated on a monthly calendar (30 day) calculation.
H. How Service Credits are applied
A Service Credit is a form of credit toward a Customer's next-month invoice.
If a Service Credit was generated in Customer's last month of subscription, the dollar value of the
Service Credit will be payed out to the Customer within 30 days after the last day of subscription.
I. Limits on Service Credits
Service Credits can only be applied to Customer Accounts directly affected by an Outage.
Service Credits can not exceed 100% of the monthly fees applicable to the affected
Account (excluding taxes, if any). Service Credits can not be carried over from month to month.
The Service Credits described in this SLA are the ONLY, Sole, and EXCLUSIVE remedy
of the Customer that is affected by an Exchange 2010 Email Outage, unavailability or any other
breach of this SLA by CNG Internet
This Service Level Agreement represents the complete Agreement and understanding between
CNG Internet and you, the CNG Internet Customer, and supersedes any other written
or oral agreement pertaining to your CNG Internet service. By using CNG Internet's Hosted Email services,
you agree to be bound by this Agreement, just as if you had signed
it.
CNG Internet may be contacted by Email at Services@CNGInternet.com or by regular
mail at:
CNG Internet, Inc
21 Nottingham Rd.
Manalapan, New Jersey 07726
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