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Bishop Digital
SLA (Service Level Agreement)
This Bishop Digital Service Level
Agreement (“SLA”) applies to all dedicated servers and shared
(virtual hosting) clients. Client agrees that Bishop Digital
internal measurements establish the eligibility for any applicable
Performance Credit. In the event that Client determines that a
discrepancy in such measurement exists, Client shall promptly notify
Bishop Digital and Bishop Digital and Client will mutually agree
upon the validity and accuracy of the measurement, and upon
Client’s eligibility for any applicable Performance Credits.
This SLA may be amended at any time by Bishop Digital Updated copies
of the SLA will be located at http://www.bishopdigital.com/sla.com
1. Definitions
1.1. Full Managed Services (“Full Managed
Services”) is defined as security audits, application and software
updates, user management, and software installs on the dedicated
servers to be performed by Bishop Digital for the client. Bishop Digital
will maintain the server and provide monthly System Administration
to the server. Special requests for Administration on the server
will be completed within 24 hours of request and be made by the
client or authorized agent working for the client. All services
performed on the dedicated server are subject to $50.00 an hour
labor fee. Full Managed Service do not allow root or administrator
access to the server.
1.1.1
Managed Services (“Managed Services”)
is defined as a monthly system overview by a System Administrator on
dedicated servers. Bishop Digital will perform a set of performed
checks, audits, and reports on the server and provide monthly e-mail
regarding your server. This service is to provide the clients with
knowledge and overview of the server. From time to time security
updates, application patches, and System Administration may be
performed free of charge. In addition to these services System
Administrator may make recommendations to improve the overall
performance, security, and updates to the service. At the sole
discretion of the System Administrator any installation,
configuration, or tuning of the server may be considered billable. Bishop Digital
agrees to provide Client with notification during monthly report on
what items are "free of charge" and what items are
"billable". To participate in Managed Services Client
agrees to maintain an updated username and password with FULL rights
to the server.
1.1.2 Unmanaged Services (“Unmanaged Services”)
is defined as servers that are rented to Clients. Bishop Digital
performs no maintenance, security checks, and user management for
the client. Bishop Digital will perform system administration on a
per incident basis. All services performed on the server come
without warranty or guarantee. All service performed on the
dedicated server are subject to an $50.00 an hour labor fee.
1.2. Bishop Digital Network (“Bishop Digital
Network”) is defined as the equipment, software and facilities
within Bishop Digital network segment, including Bishop Digital
contracted ISP service to which Bishop Digital network segment is
connected, collectively used by Bishop Digital to provide the
service.
1.3. Service Availability
(“Service Availability”) is the total time in a calendar month
that the Bishop Digital is available through the Internet, provided
that Client has established connectivity. Bishop Digital takes
responsibility for the Service Availability within their network,
and cannot be held liable for upstream problems. The Bishop Digital
Network will be available to clients free of Network Outages for
99.9% of the time.
1.4. Service Downtime ("Service
Downtime") is any unplanned interruption in Service
Availability during which Client is unable to access the services as
described in section 1.3 above that is
determined to have been caused by a problem in Bishop Digital
Network as confirmed by Bishop Digital. Service Downtime is measured
as the total length of time of the unplanned interruption in Service
Availability in a calendar month. Bishop Digital provides direct
support and expertise in the software it provides, any unplanned
outages due to software failure are the direct responsibility of the
software publisher and not of Bishop Digital.
1.5. Scheduled Service Downtime (“Scheduled
Service Downtime”) is any Bishop Digital interruption of Managed
Services. Scheduled Service Downtime occurs during Bishop Digital
standard server maintenance window, which occurs with a 24 hour
notice to the Client via e-mail.
1.6. Performance Credit
(“Performance Credit”) occurs when 99.9% uptime is not met. Bishop Digital
will refund the customer 5% of the monthly fee for each 30 minutes
of downtime (up to 100% of the customer's monthly fee). Network
downtime is measured from the time the trouble ticket is opened by a
customer to the time the server is once again able to transmit and
receive data.
1.7 Monitoring Service (“Monitoring Service”)
is the service Bishop Digital provides and monitors TCP/IP based
ports and applications through its internal monitoring service. To
participate in this, Bishop Digital must have valid system
administrator access to repair the server in the event of a
service/daemon failure.
1.8 Billable System Administration (" Billable
System Administration") is operation, configuration,
performance tuning, security configurations, and any interaction
with the Operating System or software installed on the server.
Support provided to the client that requires Bishop Digital to login
to the server can be considered Billable System Administration. Fees
for this service are billed out at a $50.00 per hour.
2. Service Downtime Performance Credit.
2.1. In the event of Service Downtime in which
monthly Service Availability is less than 99.9%, Client will receive
a Performance Credit as described in section 1.6
of this document.
3. Service Exclusions.
3.1. This SLA does not cover Service Downtime
caused by problems in the following:
3,1.1. Client’s local area network.
3.1.2. Client-provided Internet connectivity or
end-user software.
3.1.3. Anything inside Client’s internal network
including, but not limited to, firewall configuration and bandwidth
to internet, local area workstations, servers, software, and
configuration.
4. Service Downtime Exclusions.
4.1. The following are excluded from the monthly
calculation of Service Availability:
4.1.1. Any utilized Scheduled Service Downtime.
4.1.2. Any problems outside Bishop Digital Network.
4.1.3. Any interruptions, delays or failures caused
by Client or Client’s employees, agents, or subcontractors, such
as, but not limited to, the following:
4.1.3.1. Inaccurate configuration.
4.1.3.2. Non-compliant use of any software
installed on the server.
4.1.3.3. Client initiated server over-utilization.
4.1.3.4. Any problems related to the attacks on the
machine such as hacking, attacks, and exploits.
5. Billable System Administration which is defined in
section 1.8 includes the following.
5.0.1 System Administration of the clients server.
5.0.2 Software installations performed by Bishop Digital
5.0.3 Virus and Security Scans of the server.
5.0.4 Configuration of the Operating System, web
Server, and custom software installed on the server.
5.0.5 Security Audit and reports of the server.
5.0.6 Patches, Upgrades, and Service Pack
installations.
6. Server Hardware for Full Managed, Managed, and Unmanaged
Servers.
6.0.1 Hardware is defined as the Processor(s), RAM,
hard disk(s), motherboard, NIC card and other related hardware
included under the server lease. This guarantee excludes the time
required to rebuild a RAID array.
6.0.2 Hardware replacement will occur within 24
hours of the reported problem, Bishop Digital will refund 25% of the
monthly fee per additional 24 hours of down time (up to 100% of
customer's monthly fee).
6.0.3 Restoration is defined as returning the
server to original configuration when it was purchased. If hardware
failure causes corrupted Operating System, Data Files, or
Configuration of server, Bishop Digital will restore the system to
original state.
6.0.4 Bishop Digital is not responsible for the
restoration of data to server. If hardware failure occurs and data
loss occurs, client is ultimately responsible for data restoration. Bishop Digital
shall not be liable for loss of data under any circumstance.
6.0.5 Bishop Digital does not take responsibility
for the overall security of servers. If servers are compromised in
any way, Bishop Digital reserves the right to audit the server.
Servers receive monthly security audits as part of the overall
Personal System Administrator's program but security is the
responsibility of the client. Bishop Digital reserves the right to
cancel service if servers are compromised for the use of unsecured
passwords or blatant disregard to simple security measures. A fee of
$50.00 per hour will take place for any security related work done
due to the server being compromised.
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