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Utopia
Systems, Inc.
Service
Level Agreement Summary
1.1
Service Level Agreement
SLA's
are a standard component of all Utopia Systems, Inc. product
offerings. For the Utopia Systems, Inc. Application hosting
solution, Utopia Systems, Inc. will provide >= 99.5%
monthly service availability for those components of the
service within Utopia Systems, Inc.’s direct control, where
“available” is defined as user(s) being able to establish
a TCP connection to the appropriate Utopia Systems, Inc.
hosted server. Specifically, covered services will include
network services between the Internet and the Utopia Systems,
Inc. Enterprise Data Center facility, all Utopia Systems, Inc.
network hardware, firewalls, other Utopia Systems, Inc.
security components, and all server hardware provided by
Utopia Systems, Inc. as part of the service.
99.5%
translates into 3.72 hrs of unavailability in a 31 day month
– this excludes outages due to
planned system
upgrades, planned maintenance procedures that require a system
restart, CUSTOMER or CUSTOMER client-caused outages due to
Client’s action on the server, server overutilization or
misuse, and Force Majeure events.
This
SLA and the accompanying CUSTOMER Responsibilities and Terms
are documented in the Utopia Systems, Inc. Application hosting
solution which is part of every Utopia Systems, Inc. contract.
1.2
Security
Security
is a major concern to both Utopia Systems, Inc. and to our
customers. For this reason Utopia Systems, Inc. offers several
options for intrusion detection and management. These services
vary upon application and configuration and are designed in a
cooperative agreement between our customers and Utopia
Systems, Inc. Utopia Systems, Inc. standards for security
place the responsibility of the systems security on the
product that is implemented. Utopia Systems, Inc. maintains
responsibility for proper utilization of the security product.
Utopia Systems, Inc. takes the position that no system
is intrusion proof. Our customer must decide on the level of
security it provides to its customers, and weigh the cost of
providing these services.
1.3
SLA Uplifts
SLAs
can be uplifted to higher levels (>=99.9%) of monthly
service availability through implementation of the various
optional technical solutions that Utopia Systems, Inc. offers.
1.4
Tracking and Reporting
Utopia
Systems, Inc. will monitor all necessary (network devices,
circuits, servers) services to prevent service unavailability
(“downtime”). Utopia Systems, Inc. will track downtime
using various auditing and monitoring tools. Time tracking
begins once the customer relationship is created. However, in
the case of CUSTOMER-reported service interruption, if CLIENT
Care can not replicate the downtime error under similar Utopia
Systems, Inc. conditions, the event does not constitute
downtime and the report will be closed without recording a
service interruption. Upon repair of a service interruption,
the report will be updated and appropriately time-stamped in
denominations of minutes and seconds.
Utopia
Systems, Inc. takes the stance of tracking and reporting
service interruptions that are detected not just by CUSTOMER,
but also downtime of which CUSTOMER is not aware and that the
Utopia Systems, Inc. monitoring system detects. To that end,
Utopia Systems, Inc. will make available upon request, a
report on a monthly basis that summarizes Utopia Systems,
Inc.’s total amount of downtime tracked and any remedies
due. Multiple
service outage events within a month are cumulative. Should an
event span more than one month, the service interruption time
is not cumulative; the downtime clock starts over at the
beginning of each month.
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1.5
Remedies
In
the event a Client is unable to access the Utopia Systems,
Inc. Application Hosting server(s) provided by Utopia Systems,
Inc. 99.5% of the time in any given calendar month (3.72
hours), the Contract Base Schedule states Utopia Systems, Inc.
has the following remedies.
In the event Utopia Systems, Inc. is unable to provide
a user access to the application server with:
1.
Ninety-nine percent (99%) Availability in any given
calendar month, CUSTOMER shall receive a credit to their
account equal to five percent (5%) of that month’s service
fees excluding rebilled circuit charges.
2.
Ninety-five percent (95%) Availability in any given
calendar month, CUSTOMER shall receive a credit to their
account equal to fifteen percent (15%) of that month’s
service fees excluding rebilled circuit charges.
3.
Ninety percent (90%) Availability in any given calendar
month, CUSTOMER shall receive a credit to their account equal
to twenty-five percent (25%) of that month’s service fees,
excluding rebilled circuit charges.
If
Utopia Systems, Inc. fails to meet ninety-five percent (95%)
Availability for three (3) consecutive calendar months,
CUSTOMER may terminate this Product Schedule without penalty,
regardless of any term remaining on the Agreement, without
liability to either party for penalties or damages associated
with such termination and upon thirty (30) days prior written
notice to Utopia Systems, Inc.
“Availability”
percentage shall be calculated as follows:
x
= (n - Number of Hours Service is “down”) * 100 / n
[Where
“n” is the total number of hours in any given calendar
month, or calendar year, and “x” is the Availability
percentage.]
Utopia
Systems will track monthly availability as well as yearly
aggregate availability. While
either the monthly or aggregate yearly calculation of
availability is >=99.5%, then it shall be considered that
Utopia Systems, Inc.’s service level has been maintained.
Specifically
excluded from "n" in this calculation and exceptions
to the levels of Availability provided herein are (a)
scheduled maintenance windows; (b) reasons of Force Majeure;
(c) issues associated with CUSTOMER’s applications, or other
CUSTOMER software, (d) use of unapproved or modified Hardware
or Software and/or; (e) issues arising from the misuse of the Application
hosting Solution by CUSTOMER, its employees, agents,
customers or contractors.
In
the event of a Force Majeure event, Utopia Systems, Inc. shall
have the option of canceling this Product Schedule with
CUSTOMER if the resulting total outage time is greater than
fourteen (14) consecutive days in any six (6) month period,
without liability to either party for penalties or damages
associated with such outages or termination and upon thirty
(30) days prior written notice to CUSTOMER.
The
remedies stated in this Section are Utopia Systems, Inc.’s
sole and exclusive remedies for service interruption.
Rev. November 2001
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