CoDesk Venture Service Level Agreement (SLA)
CoDesk Venture is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA), which provides certain rights and remedies regarding the performance of the CoDesk Venture network. Our Service Level Agreement (SLA) guarantees our network / equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of CoDesk Venture Domain Registration, Web Hosting, Reseller Web Hosting, Web Designing, Co-location, and Internet Transit / Transport services.
CoDesk Venture strives to maintain a 99.99% network and service up-time level, and guarantees at least 99.5%. This up-time percentage is a monthly figure, and is calculated solely by CoDesk Venture monitoring systems or Our authorized / contracted outside monitoring services. If CoDesk Venture fails to meet its 99.5% up-time guarantee, and it is not due to one of the exceptions below, credits will be made available to each Client, upon request, on a case by case basis. CoDesk Venture does not credit a full month’s service for minor downtime. This would not be financially healthy for us, and in turn would only negatively affect the service level CoDesk Venture provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, We may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the CoDesk Venture network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie…a backhoe cutting a fiber line somewhere)
- Backbone peering point issues (ie…Level 3™ having a router go down in Virginia that wipes out Internet service a portion of the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). CoDesk Venture utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of CoDesk Venture
- Network floods, hacks, attacks from outside parties or individuals
- Failure or error of any CoDesk Venture monitoring or measurement system
- Acts or omissions by Client, including without limitation, any negligence, will full misconduct, or use of CoDesk Venture service(s) in breach of CoDesk Venture Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of CoDesk Venture resources, is a violation of this policy. Any attempt to harm equipment owned by CoDesk Venture, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.
- Illegal Usage Restrictions:
CoDesk Venture goal is to make the CoDesk Venture network available to Clients, free of outages, as best possible. An outage is defined as an instance in which Client is unable to transmit and receive IP packets due to a CoDesk Venture service failure for more than 15 consecutive minutes, excluding service failures relating to CoDesk Venture scheduled maintenance and upgrades. The CoDesk Venture network does not include Client premises equipment or any Telco access facilities connecting premises of Client to such infrastructure. CoDesk Venture goal is to keep Average Round-Trip Latency on the CoDesk Venture network to 85 milliseconds or less. CoDesk Venture defines Average Round-Trip Latency with respect to a given month, as the average time required for round-trip packet transfers between the CoDesk Venture network and major US backbone peering points during such month, as measured by CoDesk Venture goal is to keep Average Packet Loss on the CoDesk Venture network to 1% or less. CoDesk Venture defines Average Packet Loss, with respect to a given month, as the average percentage of IP packets transmitted on the CoDesk Venture network during such month that are not successfully delivered, as measured by CoDesk Venture.
CoDesk Venture will periodically (on average every 5 minutes) monitor CoDesk Venture network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Internet connection of Client and that such measurements constitute measurements across the CoDesk Venture network but not other networks to which Client may connect. CoDesk Venture reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by CoDesk Venture and made available to Client.
- Hardware Failure:
CoDesk Venture stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. CoDesk Venture utilizes only name brand hardware of the highest quality and performance. CoDesk Venture will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network / server outage / downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current CoDesk Venture contracts with backbone providers in regard to the emergency repair service in case of such an issue. CoDesk Venture will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. CoDesk Venture will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect / action(s) of Client.
Credit requests must be made on the CoDesk Venture web site, by filling out the “Service Level Agreement SLA)” Request form. Each request in connection with network / server outages / downtime must be received by CoDesk Venture within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by CoDesk Venture within five days after the end of such month. The total amount credited to a Client for CoDesk Venture not meeting SLA service levels will not exceed the service fees paid by Client CoDesk Venture for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after CoDesk Venture receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by CoDesk Venture. Upon request of Client (in accordance with the procedure set forth below), CoDesk Venture will issue a credit to Client for network / server outages / downtime occurring during any calendar month that are reported by Client to CoDesk Venture and confirmed by CoDesk Venture measurement reporting. Such credit will be equal to one days worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage / downtime. If Average Round-Trip Latency on the CoDesk Venture network for a calendar month exceeds 85 milliseconds, then upon request of Client, CoDesk Venture will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon request of Client, CoDesk Venture will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month.
CoDesk Venture reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, CoDesk Venture makes no claims regarding the availability or performance of the CoDesk Venture network or servers. Specific terms / points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed / agreed by client. In case of difference terms / points in SLA and Service Agreement, the Service Agreement terms / points prevail over this general SLA policy. The Service Agreement signed / agreed by client, is above and beyond this SLA, and Service Agreement terms are in effect, including, but not limited to, limitations of liability.
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