The BlackSun Enterprise Service Level Agreement ("SLA") applies to you ("Customer") if you have ordered one of BlackSun's Enterprise Services ("Enterprise") from BlackSun Inc. ("BlackSun"). This SLA is governed by BlackSun's Stand-Alone Services Agreement and includes BlackSun's Acceptable Use Policy and Privacy Statement. BlackSun provides Enterprise services for dedicated and virtual servers, co-location, Internet and LAN access, data storage and disaster recovery. This service is provided as a network-based service and is billed on a monthly, quarterly or annual subscription basis. BlackSun provides all hardware and software maintenance for equipment provided with the service, including 24x7 monitoring, 99.9% uptime guarantees, testing and deployment of software patches, bug fixes, service packs, and same-version upgrades.
Enterprise services are monitored from the BlackSun core Internet routers. All availability calculations are done using data gathered from this monitoring location. Outages affected by Customer's network and/or the Internet are not included in calculating the SLA and are not considered a BlackSun service outage. As long as a user is able to connect to httpd or send and receive email using one of the following access methods the SLA is considered met. The following access is continuously checked for availability:
HTTP, port 80 | SMTP, port 25, send and receive email | POP3, port 110, receive email
The Service Level metric for availability is 99.9%, measured on a monthly basis, calculated by the following equation:
Availability = Total Monthly Minutes - Maintenance Minutes - Downtime Minutes
Total Monthly Minutes - Maintenance Minutes
Maintenance minutes include: Scheduled Maintenance Minutes, Emergency Maintenance Minutes and Force Event Minutes.
Support will be tracked by a trouble ticketing system. Each ticket will have a severity level associated with it. Status Responses will be provided to the customer via web, email or phone call, whichever is appropriate. The severity levels are:
1. Severity 0 - Multiple Solutions Down and Immediate Response
2. Severity 1 - System Down – 30 Minute Response Time
3. Severity 2 - System Impacted - 30 Minute Response Time
4. Severity 3 - Change Request - 24 Hour Response Time
In the event the service level uptime falls below 97.0% in any four (4) consecutive months over any twelve (12) month period, Customer will receive an additional 15% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties. In the event the service level uptime falls below 96.0% in any three (3) consecutive months over any twelve (12) month period, Customer will receive an additional 25% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties. In the event the service level uptime falls below 94.0% in any two (2) consecutive months over any twelve (12) month period, Customer will receive an additional 35% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties or cancellation fees.
Scheduled Maintenance activities will only be scheduled between 10:00 pm and 4:00 am Central Standard Time (CST) Saturday and Sunday, for the implementation of patches, upgrades and fixes. Please note, however, that Emergency Maintenance may be conducted at any time that BlackSun deems the scope of the maintenance urgent enough to warrant immediate action.
Notification: When Scheduled Maintenance is expected to cause a service outage, BlackSun will provide Customer notification 72 hours in advance of the scheduled maintenance time.
Critical patches, upgrades and fixes are defined as (1) electrical or mechanical maintenance that is recommended by such vendors to be implemented immediately, or (2) software/hardware modifications necessary to prevent Enterprise service-impairing situations. These emergency procedures may be scheduled at any time. BlackSun will make every reasonable efforts to provide Customer with advanced notice prior to applying critical patches, updates, or fixes.
Events beyond BlackSun's reasonable control that cause a delay or failure in the performance of BlackSun's obligations under this SLA., including, without limitation, acts of any governmental body, war (terrestrial or intergalactic), insurrection, sabotage, terrorism, embargo, fire or other acts of God, labor disturbances, Internet system unavailability, virus attacks, unavailability of or interruption or delay in telecommunications, or hackers, failure of third party software.
BlackSun guarantees that Internet performance at the point of termination (network access port) will always be within 95% of rated maximum (10 Mbps, 100 Mbps or 1,000 Mbps).
Service Availability Credit to Enterprise Services Charge
99.89% to 99.0% 10% 432 minutes | 7.2 hours
98.99% to 98.0% 15% 864 minutes | 14.4 hours
97.99% to 97.0% 20% 1,296 minutes | 21.6 hours
96.99% to 96.0% 25% 1,728 minutes | 28.8 hours
95.99% to 95.0% 30% 2,160 minutes | 36.0 hours
94.99% to 94.0% 40% 2,592 minutes | 43.2 hours
93.99% or less 50% more than 43.2 hours
In order to receive a credit under this SLA, a request thereof must be made by Customer via email to the BlackSun Operations Team at email@example.com. Each request in connection with Enterprise services must be received by BlackSun within thirty (30) days of the service impact and must be confirmed by BlackSun's measurements of the SLA.
Each valid credit will be applied to an invoice of Customer within one billing cycles after BlackSun's receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by BlackSun. Notwithstanding anything in this Enterprise services SLA to the contrary, the total amount credited to a Customer in connection with the credit request for any calendar month will not exceed the fee paid by Customer for Enterprise services for such month.