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Service Level Agreement

This Service Level Agreement (the “SLA”) governs the use of all products and services (collectively, the “ Services”) offered by Peer 1 Hosting (“Peer 1”), its parent company, and their affiliates and subsidiaries to its customers (“you” or “Customer”). Defined terms will have the meaning given to them in the Peer 1 Master Services Agreement or as set out in the last section of this document.

Peer 1 is committed to providing services to you at a standard of excellence commensurate with the best practice in the industry. The following service levels are designed to assure you of ultimate performance and maximal uptime. Each service level specifies the Service it is applicable to, the service level that applies, and how service credits are calculated for each service.

All Service Levels are subject to the exclusions specified in the sections entitled ‘Exceptions' and 'Claiming Credits & Limitations'.

Power And HVAC Availability

Service

Service Level

Service Credit

Managed and Dedicated Services

Peer 1 guarantees that its power and HVAC systems will be available 100% of the time in a given month.

Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime.

Colocation Services

Mission Critical Cloud

see Mission Critical Cloud service levels.

Replacement Guarantee

Service

Service level

Service credit

Managed and Dedicated Services

Peer 1 guarantees the functioning of all Hardware [1], and will replace or repair any failed component at no cost to you within 1 hour of Peer 1’s identification of the failed hardware (the “Replacement Guarantee”). [2]

Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime over the stated service level.

1. Excludes Peer 1’s Storage Area Networks (SANs), which are subject to the section entitled ‘ SAN repair and replacement’, as well as non-standard products and EOL product lines.
2. The Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications, or changes to hardware during Maintenance, as defined below.

SAN Repair And Replacement

In the unlikely event of a SAN hardware failure, Peer 1 will have a technical specialist and necessary parts on site to begin repairs within 4 hours of receipt of your trouble ticket concerning the issue and Peer 1’s identification of the problem. Customer shall be entitled to a service credit of 5% of the Net MRC for each further hour of delay in commencing work to repair the affected hardware.

Network Uptime

Service

Service level

Service credit

Dedicated and Managed Services

100% uninterrupted transit from Peer 1’s Network to the Internet.

Five percent (5%) of the Net MRC for each hour (or fraction thereof) of Downtime.

Colocation Services

100% uninterrupted transit from Peer 1’s Network to the Internet.

In respect of the first cumulative hour of Downtime in a calendar month, Customer will receive a Service Credit equivalent to one day of Customer’s pro-rated Net MRC for that month. For each additional hour of Downtime thereafter, Customer will receive a Service Credit equivalent to one day of Customer’s pro-rated Net MRC for internet connectivity charges for that month.

Mission Critical Cloud

see Mission Critical Cloud service levels

Bandwidth Only Services (non-Colocation)

Peer 1 will provide a minimum 99.7% uninterrupted transit to the internet (as measured on a monthly basis).

For each hour of Downtime beyond the 99.7% minimum in any one calendar month, Customer will receive a refund equivalent to one day of Customer’s pro-rated Net MRC for that month.

Network Standards

Peer 1 will take all reasonable measures to ensure all Customer traffic reaches its destination in a timely fashion comparable and within reason to any other carrier in the area. These measures include the manipulation of routing tables so as to direct traffic to the Internet using its best possible upstream link.

Mission Critical Cloud Service Levels

Service

Service level

Service credit [3]

Network

100% uninterrupted transit from Peer 1’s Network to the internet.

For any instance of Downtime in excess of 15 minutes over the specified service level, Peer 1 will issue a Service Credit equal to five percent (5%) of the Net MRC for the affected configuration for each half hour (or fraction thereof) of Downtime.

Control Panel and API

Peer 1 will maintain an availability of 99.999% (over each billing period) in respect of the Control Panel and API.

Virtual Servers

Individual servers will deliver 99.999% uptime (over each billing period) as monitored within the Peer 1 Network monitoring systems.

Cloud Storage

Peer 1 will deliver a 99.99% uptime (over each billing period) on Cloud Storage.

4. The minimum period of Downtime eligible for a credit with respect to Mission Critical Cloud Services is 15 minutes. Shorter periods will not be aggregated.

Exceptions

You will not be entitled to any Service Credit under this Service Level Agreement where the Downtime or Unavailability is caused by any of the following: (i) maintenance; (ii) suspension or termination of your Services in accordance with the terms of Peer 1’s Master Services Agreement (iii) application, software, or operating system fault or failure; (iv) denial of service attack, hacker activity, or other malicious event or code targeted against Peer 1 or a Peer 1 customer (irrespective of DDoS mitigation services provided by Peer 1); (vi) with respect to Cloud Services, outages to the Control Panel or API; and (vii) failure of any network or internet infrastructure or technology outside Peer 1’s Network.

Claiming Credits And Limitations

The following terms apply to all claims for Service Credits:

(a) Customer must open a Peer 1 trouble ticket in respect of all Downtime experienced, together with supporting details, to be eligible for a Service Credit. Downtime will be measured from the time Customer opens a Peer 1 trouble ticket.

(b) If you believe you have not been issued correctly with a Service Credit you must submit a ticket within 14 days of the applicable Downtime.

(c) Downtime or Unavailability is measured from the time the applicable trouble ticket is received and the Downtime or Unavailability is validated by Peer 1 using its internal monitoring tools to the time Peer 1 resolves the issue.

(d) Customers may not receive more than one Service Credit per affected configuration per incident and in no event will you receive greater than one month’s Net MRC in Service Credits for any given month regardless of the number of incidents.

(e) You must be a Peer 1 customer in good standing to receive a Service Credit; no Service Credit will be applied to accounts that are past-due or for accounts that are suspended or cancelled before the conditions for payment of the Service Credit are met. Service Credits will not be applied against past due balances.

(f) Upon cancellation or termination of your account, any outstanding or previously accrued Service Credits will be forfeited. Service Credits will be applied against purchases or renewals for which payment is due after the date the Service Credit is applied.

(g) The Service Credits described in this SLA will be your exclusive remedy and Peer 1’s entire liability for any breach of any warranty of performance or service contained in this SLA.

Defined Terms

Downtime” in respect of an affected configuration or Service, means such service is unavailable because one of the following:

(a) the Peer 1 power systems are not available (“Power Failure”);

(b) a Hardware failure;

(c) an inability to transmit from, or receive data over, the Peer 1 Network (“Network Failure”); or

(d) in respect of Cloud Services:

    i. a failure of a Virtual Server which is due to a known problem in the hardware or hypervisor layers, including power interruptions, hardware problems (such as failures to a hard drive or power supply) and failures to the hypervisor environment, but excluding failures in Customer's operating system or other software on Customer's Virtual Server: or
    ii. an inability to retrieve data from a Cloud Storage services, in each case due to a failure caused by a Power Failure, or problems caused by Hardware failure or Network failure.

Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card, servers, CPUs, cabling and associated server hardware listed in the Service and/or the applicable Order together with firewalls, load balancers and storage area networks listed in the Service and/or the applicable and other related hardware used to provide the Services.

Maintenance” means Scheduled Maintenance or Emergency Maintenance undertaken by Peer 1.

Scheduled Maintenance” means any maintenance in the Peer 1 data centre of which you are notified at least 7 days in advance.

Emergency Maintenance” means any maintenance in the Peer 1 data centre that:
(i) in Peer 1’s sole discretion is necessary to avoid an immediate threat to the Peer 1 data centre or a Customer Service; and
(ii) of which you are notified.

Net MRC” means:
(i) in respect of hosting services, the monthly recurring charge for the affected hosting Service for the configuration experiencing the issue, but excluding any add-on or optional Services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. In respect of Cloud Services, your Net MRC will be based on your previous month’s usage for the affected Service where applicable or, alternatively, your average usage for the affected Service being pro-rated;
(ii) in respect of all other Services, the monthly recurring charge for the affected Service.

Peer 1 Network” means all network equipment and cabling extending from the connection of your network access device for your hosting solution up to the uplink port on Peer 1’s designated border routers that connect to our Transit and Peering Providers.