The SLA is incorporated into the MSA and applicable to all Services delivered to Customers. The SLA is binding only on the Customer and Nexcess and does not apply to any third parties, including Customer End Users. The issuance of Credits (defined below) is the sole and exclusive remedy of Customer and Nexcess’s sole and exclusive obligations, for any failure of Nexcess to satisfy the requirements set forth in the SLA.
SLA Credit Claim
To claim a credit the Customer shall follow the Approved Procedure within seven (7) days of the end of the Claimed Outage. The claim will be reviewed by Nexcess; any credit for Verified Outages (“SLA Credits”) shall be issues as provided below.
Claimed Outage means the period (measured in minutes) during which Customer claims a Loss of Services during a monthly period within the Term as reported using the Approved Procedure.
Excluded Minutes means the period of any outage measured in minutes due to the exclusions set forth in the SLA Credit Exclusion during a monthly period within the Term.
Qualifying Outage Minutes mean the aggregate of all minutes of a Verified Outage during a monthly period within the Term, minus any Excluded Minutes in the monthly period within that Term.
Services means the services ordered by Customer and accepted by Nexcess as provided in the MSA.
Loss of Services means the Customer is unable to connect to the Nexcess datacenter providing Services to the Customer.
Verified Outage means a Claimed Outage for a particular Service that has been verified by Nexcess using its monitoring logs of accessibility to the Nexcess datacenter or Services.
Nexcess will provide a minimum 100% uninterrupted transit to the Internet (as measured on a monthly basis) as well as 100% uninterrupted electricity. Nexcess will do its best to make hardware replacements on all dedicated and co-located systems, but cannot make any guarantees in regards to co-located equipment. All attempts will be made to get the system diagnosed and operational within 24 hours. There are no additional fees for hardware replacement in dedicated systems, but co-located customers may incur additional fees for hardware replacement services.
Should transit to the Internet or electricity become unavailable for a cumulative period up to 15 minutes beyond the 100% minimum in any month of service, the Customer can receive a credit equivalent to 5% of the Customer’s recurring monthly fees for that month for every additional 15 minutes the network or power is unavailable. All credit calculations will be based on unavailability in 15 minute increments. Outages may not be combined to fulfill the 15 minute minimum.
The maximum SLA Credit that Company is liable to pay the Customer in any calendar month under this SLA shall be equal to the recurring monthly fees paid by Customer to Company for the specific services affected by the interruption in transit to the Internet or in electricity.
Customer is eligible to receive SLA Credit, subject to the following process (the “Approved Procedure”):
- Customer will report a Claimed Outage by opening a ticket in the Customer Portal with the billing department.
- In order to receive a SLA Credit, Customer must submit a report of Claimed Outage within seven (7) days of the end of the Claimed Outage after the technical issues have been resolved.
- Nexcess will review Claimed Outages against Verified Outages.
- Nexcess’s determination of SLA Credits is final.
- Customer agrees to pay all invoices in full while a Claimed Outage is being reviewed or SLA Credit is being determined.
- Nexcess will communicate the SLA Credits to Customer and the ticket will be updated, provided that, the SLA Credit may not be used to reduce the payment due in the month in which the SLA Credit is paid below zero. Nexcess will apply the SLA Credits to the Customer’s future invoices for the relevant Services.
Customer who at the time of the report of the Claimed Outage are not current on their payment of the fees for the Services do not qualify for SLA Credits for such Claimed Outages. In addition, Customer who have not paid their fees when due for the Services three or more times in the previous twelve calendar months do not qualify for SLA Credits.
Use of SLA Credits.
SLA Credits may be used solely for future payments due for the particular Service or failure of other obligations for which the Service Credits are issued. The SLA Credits may not be sold or transferred to other parties. SLA Credits may not be used until any Customer violations of the MSA are resolved to Nexcess’s reasonable satisfaction. Any Customer making false or duplicative claims for Claimed Outages will incur a one-time charge of fifty dollars ($50.00) per incident for such claims. False or duplicative claims are also a violation of the MSA and may, in Nexcess’s sole discretion, result in a suspension of Services. SLA Credits shall expire on the termination or expiration of the MSA.
SLA Credit Exclusion.
SLA Credits do not apply for periods during which the Services are not available for the following reasons:
- Outages due to scheduled or emergency network, equipment and/or facility maintenance, which will be broadcast to all customers when possible in advance via the Nexcess service status website located at http://www.nexcess-status.com.
- Customer use of the Services in violation of the MSA;
- Events described in the Force Majeure provision;
- Suspension of Customer’s access to the Services as provided in the MSA:
- Violation of the AUP;
- Problems caused by the Customer’s use of the Services after Nexcess advised Customer to modify such use, if Customer did not modify its use as advised;
- Problems arising from equipment and/or events out of the control of Nexcess. This includes downtime due to account transfers or Customer error.
Last Updated: 08.26.2013