1. SERVICE LEVEL AGREEMENT
1.1 The Service Level Agreement published below here is applicable to all Micfo Services and Clients.
1.2 A Client's application and/or eligibility for performance credit or refund will be determinable based on Micfo's in-house monitoring system statistics. The Client shall abide by it and accept the integrity of all such statistics.
2. TERMS AND CONDITIONS
2.1 Micfo's network includes all facilities, features, hardware, equipment, software and applications used in-house, decisive and vital network sections and infrastructure equipment which are put to use at all times to provide fully managed Services to its Clients.
2.2 Micfo has put in place a service -cum- port monitoring system where specific port, service and daemon would be monitored. This includes a standard check on all active ports and mandatory services at an interval of five (5) minutes where a flag is raised in the event of a port or service being found as failed.
3. DEFINITIONS OF SERVICE
3.1 Accessibility of Servers; The availability and accessibility of a web server over a period of one (1) calendar month is termed as Server accessibility. Micfo presumes that the customer has a reliable internet connection from their place of access. All network facilities are up for use at all times (exclusive of minor latency) for 99.9% of time every calendar month. Service disruptions due to issues or problems relating to our upstream providers are outside the purview of this definition.
3.2 Service Monitoring; Micfo's Clients can avail of Micfo's in-house internal monitoring system which analyzes TCP/IP services and applications. The technical support team has to be able to work as an administrator on Dedicated Servers to:
- 3.2.1(a) Include them in the monitoring system and;
- 3.2.2 (b) Resolve any service and/or operating system failures. Micfo would be absolved of any and or every responsibility resulting in unavailability or downtime on Dedicated Servers where the technical support team does not have root and or administrative access.
3.3 Maintenance downtime; The period in which Micfo's network, Services and/or Client's Servers are down or unreachable owing to repair and/or maintenance work being performed by Micfo's engineers and administrators is classified as "maintenance downtime". Advance notification would be sent out at least 24 hours before any such work is undertaken. Every possible attempt would be made to slot the maintenance activity within the time frame best suitable to the Client. However, no guarantee what-so-ever is given in this regard.
3.4 Service downtime; a time-period, antecedently unintentional, where services are broken and the customer is unable to access the Micfo network, Services and/or their Server, is called service downtime. Only those interruptions which occur as a result of an issue, snag and/or trouble within the contiguous network segments of Micfo, and have been affirmed by Micfo's employees, would be considered downtime. The measure of such downtime is the aggregate of all such period(s) within one calendar month. This Service Level Agreement allows unexpected and unscheduled service interruption of 45 minutes in every calendar of month.
4. HARDWARE TERMS
4.1 Server; An assemblage of processor(s), memory (RAM), hard-disk(s), Network Interface Card (NIC), motherboard together would be termed as a "Server".
4.2 Hardware Replacement; All such replacements shall be done within two (2) hours from the time of the problem being reported to the technical support team. If, by chance, the said hardware peripheral is not replaced within the stipulated two hours, 5% of the monthly hosting charge would be credited to the customer's account for every subsequent hour of downtime. The Hardware Replacement Guarantee and this Server Level Agreement are valid and applicable only for Servers who have an age of 24 months or less. The two hour Hardware Replacement Guarantee is only available on certain specific and particular builds of the Dell(TM) PowerEdge Servers.
5.1 A performance credit will be credited into Client's account if Micfo is not able to fulfill the 99.9% network uptime guarantee. This would be calculated on a per calendar month basis. Measurement of such downtime would commence only when the customer raises a trouble ticket, and will end when the server is back online and is able to send and/or receive data packets.
5.2 Every single period of 45 minutes of such downtime would be eligible for a 5% credit of the monthly hosting charges paid by the Client. The total credit applicable would never be more than one month's hosting charges paid by the customer at any time and for whatever reason.
6. SERVICE EXCLUSIONS
6.1 Micfo shall not be held liable to give credit or offer compensation for any failure, delay and/or interruptions which occur as a result of the Client, the Client's employees, agents, contractors and/or sub-contractors. The instances for such occurrences include without limitation:
- 6.1.1 Operating system, software and/or applications associated issues.
- 6.1.2 Any resource abuse, Server overload and/or over utilization of resources.
- 6.1.3 Improper, inaccurate and/or erroneous configuration of any software.
- 6.1.4 Wrong, non-compliant usage of installed software.
- 6.1.5 Issues, complications and/or problems arising out of operating system exploits, corruption of the OS or its binaries, service exploits, hacking or bandwidth-based attack of any nature and intensity.
- 6.1.6 Issues, factors and/or causes outside the immediate purview of Micfo.
- 6.1.7 Pre-Announced scheduled maintenance downtime.
- 6.1.8 Client's Local Area Network (LAN) related issues.
- 6.1.9 Clients' Internet Service Provider (ISP) related issues.
- 6.1.10 Softwares and/or access limitations within the Client's local and internal network environment including without limitation local area workstations, firewall, hardware and software, anti-virus, spyware programs, bandwidth shaping and configuration devices or any other such software.
7. GENERAL CONDITIONS
7.1 Micfo has the sole discretion to amend, modify and/or alter any/or all parts of this Service Level Agreement at any given time, with or without prior notice. Strict adherence to all such policies is mandatory and binding on Micfo Services. Any discrepancy or failure to meet the terms set would result in instant cancellation of services.
7.2 Reseller Hosting Clients would be liable for the actions of their end customers where any breach has been committed. Micfo very strongly encourages its Reseller Hosting Clients to implement a similar or even sterner Service Level Agreement.
7.3 Micfo shall under no circumstances be held liable for any damage and/or loss of revenue a Client's business may suffer as a fallout of using its Services including without Limitation non-deliveries, wrong delivery, delays and any and all Service interruptions caused, and nor does it undertake any warranties or guarantees, written or otherwise of any of the Services provided to the Client.
7.4 The Client acknowledges that the Services provided by Micfo is of such a nature that Service can be interrupted for many reasons other than the negligence of Micfo, and that damages resulting from any interruption of Service are difficult to be determined. Therefore, the Client hereby agrees that Micfo would not assume any damages arising from such causes beyond its direct and exclusive control. The Client further acknowledges that Micfo's liability for its own negligence may not in any event exceed an amount equivalent to Service Charges payable by the Client as Services for a calendar month. In no event would Micfo be liable for any special or consequential damages, loss, or injury.