SLA (Service License Agreement For VPS Customers)

Bright Servers guarantees that the network will be available 99.5% of the time in a given month, excluding scheduled maintenance. Bright Servers will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer's monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular customer is unable to transmit and receive data and Bright Servers records such failure in the Bright Servers trouble ticket system. 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.

Infrastructure Guarantee.
Bright Servers guarantees that the critical infrastructure systems, including power and HVAC, will be available 99.5% of the time in a given month, excluding scheduled maintenance. After 0.5% downtime,, Bright Servers will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer's monthly fee). Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and Bright Servers records such failure in the Bright Servers trouble ticket system. Infrastructure downtime is measured from the time the customer opens a trouble ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

Applicability

A: Eligibility for any credits is subject to Customer’s account being held current and having no outstanding balance due. Customer’s total credit in any contract year shall not exceed 30 days fees for the covered service type, Residual credits may not be carried over to subsequent years.

B: Customer must have contracted for the specific service covered under each provision to qualify for any credits against those provisions.

C: At any time Customer believes that Bright Servers has failed to meet any of the service level commitments set forth above, Customer must initiate a trouble ticket With Bright Servers within 48 hours after the occurrence of such failure in order to receive the credit owed under this SLA.
Once the trouble ticket has been opened, appropriate Bright Servers staff members will investigate the incident reported by the customer.
If, in the sole reasonable opinion of Bright Servers, the complaint can be verified as one that may be within the scope of coverage of this SLA, Bright Servers will provide the appropriate service credit within 30 days of the completion of Bright Servers investigation. If Bright Servers is unable to verify the occurrence of the violation, Bright Servers will provide the customer with a written description of the results and conclusion of its investigation. Responsibility for commencement of a trouble ticket rests solely with the customer. Any necessary follow-up is the joint responsibility of the customer and appropriate Bright Servers personnel. No service credits can be extended unless a trouble ticket has been opened in the Bright Servers trouble ticket system. In addition, Customer must formally request a credit from the Bright Servers sales team if Customer believes a credit is due. Under no circumstances shall a monthly credit exceed the total monthly license fee, and no more than one violation of a particular commitment will be credited per day. Under no circumstances shall a customer receive a credit for a violation of an SLA commitment if the violation is a consequence of the customer’s failure to adhere to the appropriate collocation sublicense and Collocation Service Guide.

D: Bright Servers shall not be liable for any delay or failure in performance of this SLA due to war, riots, embargoes, strikes, casualties, accidents, fire, earthquake, flood, acts of God, supplier or vendor failure, outage or malfunction of local or long haul telecommunications services, utility outage or other occurrence beyond Bright Servers direct control.