| ServerCity Service Level Agreement |
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 Definitions: |
“SC Network” means the SC-provided Internet network, which is comprised of all equipment located within the SC Data Center, and all wiring within each active Data Center. The SC Network does not include: equipment housed in the Data Center which is provided and maintained by Client, equipment at Client’s premise, whether or not provided by SC; or any networks, network e quipment, or circuits not owned or controlled by SC.
“SC Electrical System” means all wiring, circuit breakers, switch panels, UPS and generators located within the SC Data Center. SC Electrical System does not include any wiring circuit breakers, switch panels, UPS or generators not owned or operated by SC, nor does it include any power supplies, wiring, DC converters, or UPS located within the Data Center that are owned, supplied or operated by Client.
“Eligible Client” means any Client who has purchased Data Center Co-location services and has a valid, current SC Sales Agreement. This definition excludes any Client whose account is not in good standing with SC.
“Network Outage” means an unplanned period of time during which (i) Client is unable to connect to points outside the Data center from Client’s location within the Data Center due solely to a problem or failure of the SC Network, (ii) Client is unable to reach a specific Internet destination address due to a problem or failure of the SC Network, (iii) Client experiences average round trip ping latency of greater than 85 milliseconds for traffic between point of ingress to the SC Network and point of egress from the SC Network due solely to a problem or failure of the SC Network, or (iv) Client experiences packet loss in excess of 2.5% over a 30 day period on traffic between point of ingress to the SC Network and point of egress from the SC Network due solely to a problem or failure of the SC Network,. Disruptions occurring during Scheduled Maintenance intervals do not constitute a Network Outage. Failover routing to third party carriers established by SC shall be deemed part of the SC Network, but loss of connectivity due to simultaneous failure of such third party carriers' networks shall not be deemed a failure of the SC Network.
“Power Outage” means an unplanned period of time during which Client’s collocated equipment is unable to operate due to total loss of electrical current as a result of a problem or failure in the SC Electrical System, including but not limited to generators and UPS. Power Outages do not include loss of electrical current due to overloading of electrical circuit, or any other action taken by Client which may cause loss of electrical current to the collocated equipment. Disruptions occurring during Scheduled Maintenance intervals do not constitute a Power Outage.
“Scheduled Maintenance” means any maintenance at the Data Center where (a) Client is notified 48 hours in advance, and (b) the maintenance is performed during a standard maintenance window on weekends, or on weekdays from 10 PM to 6 AM local time of the SC Data Center in which Client’s equipment is collocated. Notice of Scheduled Maintenance will be provided to Client's designated point of contact by a method elected by SC (telephone, email, fax or pager).
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| Service Credit Policy: |
If an Eligible Client experiences Network or Power Outages totaling more than 4.3 minutes (0.01% of a month) in a calendar month, Client shall receive a credit as set forth below. The credit will be applied against the monthly recurring base rate charges applicable to the Service or Services directly affected by such Network or Power Outage. No credits will be granted in respect of any Network or Power Outage unless requested by Client, either in writing or by email, within five (5) calendar days of such Network or Power Outage. The following credits are Client’s sole and exclusive remedy for SC’s failure to meet the Service Level Agreement set forth herein, and are Client’s sole and exclusive remedy for any Power Outage and/or Network Outage or other defect or failure in service.
Service outage credits shall equal the greater of the amounts in Clause A, B, C or D:
A. For Power or Network Outages in any given calendar month exceeding 4.3 minutes (.01% of a month) but less than one (1) hours, the monthly recurring Basic Rate charges for that month will be reduced by 1/30th.
B. For Power or Network Outages in any given calendar month exceeding one (1) hour but less than two (2) hours, the monthly recurring Basic Rate charges for that month will be reduced by 1/15th.
C. For Power or Network Outages in any given calendar month exceeding two (2) hours but less than 6 hours, the monthly service charges for that month will be reduced by 30%.
D. For Power or Network Outages in any given calendar month exceeding six (6) hours, the monthly service charges for that month will be reduced by 100%.
In no event may credits for any month exceed monthly recurring base rate charges for that month; credits from a calendar month do not apply to any other calendar month. Simultaneous Power Outages and Network Outages shall be considered a single Outage. Credits for Network Outages do not apply to Clients that do not purchase Internet connectivity from SC.
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