Master Services Agreement
Service Level Agreement
This Service Level Agreement (“SLA”) comprises part of the MASTER SERVICES AGREEMENT (“Agreement”) between ColoHouse and a Customer. Capitalized terms used in this SLA shall have the meanings set forth in the Agreement. The purpose for this SLA is to outline the standards by which we shall provide critical infrastructure support necessary to provide Services to Customer.
1. POWER AVAILABILITY
(a) Objective: Our service level objective is to ensure Power is available to Customer no less than 99.999% of the time.
(b) Power Outage: Power Outage means no Power was available to the Customer Space except if such outage was due to any of the following events:
i. Regular maintenance during a scheduled window;
ii. Acts or omissions of Customer;
iii. Failure of Customer Equipment; or
iv. Force Majeure.
An allowed Power Outage is measured from (i) the earlier of (A) the minute Customer notifies us of the Power Outage or (B) we become aware of the Power Outage until (ii) the minute we notify Customer that such Power Outage has been resolved.
(c) Power Outage Credits: If we fail to meet this Power service level objective during a calendar month due to Power Outages (as defined in Section 1(b) above), then Customer may request a Power Outage Credit from us. The amount of the Power Outage Credit is 1/90th of the monthly recurring charge for the Service being provided to Customer for every 60 minutes that the Power was unavailable during the month due to an allowed Power Outage. Customer must request the Power Outage Credit within the time limit set forth in Section 3(a) below.
2. ENVIRONMENTAL AVAILABILITY
(a) Objective: Our service level objectives are, using commercially reasonable efforts, to ensure the open space of the Data Center has (i) a temperature between 64 and 78 degrees Fahrenheit and (ii) relative humidity between 40% and 60%. The Environmental service level objectives are not applied to localized conditions within a specific Customer Space or other enclosed space within the Data Center.
(b) Environmental Outage: Environmental Outage means the temperature and/or humidity in the open space of the Data Center exceeded the Environmental service level objectives, on a per occurrence basis, which were not brought back inside the Environmental service level objectives within 5 hours of the time we were initially made aware of the environmental problem.
(c) Environmental Outage Credits: If we fail to meet these Environmental service level objectives during a calendar month due to Environmental Outages (as defined in Section 2(b) above), then Customer may request an Environmental Credit from us. The amount of the Environmental Outage Credit is equal to the space fee component of the monthly recurring charge for the Services being provided to customer for two days for each occurrence of an Environmental Outage occurring during the month. Customer must request the Environmental Outage Credit within the time limit set forth in Section 3(a) below.
3. REMEDIES
(a) Making Request: To receive any credits under this SLA, Customer must submit a written request to us no later than the last day of the month immediately following the calendar month in which the applicable service level objective was not met. Upon verification of Customer’s qualification for the requested credit, we shall promptly apply the credit to the first invoice issued to Customer following such verification.
(b) Limitation: The aggregate amount of all credits available to Customer for any one calendar month may not exceed the applicable monthly recurring charges for Services being provided to Customer for the calendar month to which such credit relates.
(c) Exclusive: The credits available to Customer under this SLA are the sole and exclusive remedy available to Customer for making a claim that we failed to meet any of the service level objectives contained in this SLA. If Customer fails to pursue the request for credits under this SLA within the time period set forth in this Section 3, then Customer has forfeited its right to such credits for the relevant calendar month.
4. MODIFICATIONS OR CHANGES
We have the right to modify or change this SLA at any time without notice. Upon such updating, we shall post the updated SLA on ColoHouse’s website (www.colohouse.com) and provide notice of such posting to Customer.
LAST REVISION: OCTOBER 2011
