Service Level Agreement
This Service Level Agreement (“SLA”) sets out the service levels provided by E2E Networks under the Master Services Agreement between the Customer and E2E Networks for the provision of Data Center Services.
Except as otherwise defined in this SLA or unless the context otherwise requires, all defined terms in this SLA shall have the same meanings as defined in the Agreement.
1.1 “Uptime” means the aggregate percentage of hours in a calendar month during which the Data Center Services is actually available for use by Customer.
1.2 “Fault” means failure to meet the applicable service level set out in this SLA or in the purchase order
1.3 “Service Time (ST)” means the total hours in the calendar month. E.g. 30×24=720 hours in a 30 day calendar month.
1.4 “Emergency Maintenance(EM)” shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Service, danger to life etc. as the case may be and has to be attended immediately. E2E Networks Private Limited shall try to notify the Customer about the emergency maintenance in advance, however depending upon the demands of the situation; E2E Networks may do so at earliest opportunity after the performance of the emergency maintenance.
1.5 “Excused Unavailability (EU)” – means the agreed aggregate number of hours in any month that E2E Networks shall seek to carry out troubleshooting or upgrade to the equipment, with intent to better the Services. This Unavailability will be subject to prior written consent and confirmation from Customer. The Emergency Maintenance is part of the Excused Unavailability.
1.6 “Planned Downtime (PD)” – means the aggregate number of hours in any month during which the downtime is requested by E2E Networks to carry out checks, configuration changes, preventive maintenance of E2E Networks material (a) of which Customer is notified 48 hours in advance and (b) that is performed during a standard maintenance window from 11 PM to 6 AM local time of Data Center or (c) performed during a non standard maintenance window at a time approved by Customer by a method chosen by E2E Networks (telephone, e-mail or fax). Nothing herein shall restrict E2E Networks from conducting Emergency Maintenance on an as needed basis. The Customer may at their discretion ask for scheduled downtime to repair the Customer Material. Examples of activities covered under Planned downtime include (but not limited to):
- Security and updates
- Routine Preventive Maintenance to prevent deterioration of service quality
- Preventive Maintenance of utilities like AC, UPS, Server Room.
1.7 “Downtime” shall mean an unscheduled disruption/failure in any Data Center Service offered by E2E Networks as per the executed Sales Order.
1.8 “Exceptions” shall mean either an event or a set of events as are more particularly detailed in Section 5 hereto, the occurrence and the duration of occurrence of which shall not constitute a Service Unavailability for the purposes of this SLA.
1.9 “Support Request” shall mean an e-mail to support alias with Customer complaint to E2E Networks in relation to Service Unavailability upon the Customer reporting a fault by a method set out herein.
1.10 “Rebates” means Rebates payable in accordance with this SLA.
1.11 “Force Majeure Event” includes fire, earthquake, flood, epidemic, war, riots, acts of God, and acts/reasons which are beyond the control of any Party and cannot be predicted by men of ordinary prudence.
Uptime = 100-downtime ( downtime calculation explained below)
If the Uptime during the month under consideration is less than 99.5 %, this will lead to SLA violation and E2E Networks Private Limited shall provide Rebates to Customer as set out here monthly recurring charges for the
99.5% or greater No Service Extension
99.5% to 99% Services Extension for 1 day
99% to 98% Services Extension for 2 day
98% to 97% Services Extension for 3 day
Less than 97% Services Extension for 3+n days where n is equal to 97-Uptime.
3. DOWNTIME REPORTING PROCESS:
Any downtime should be reported to E2E Networks support e-mail alias , which is open 24 hours a day, 7days a week.
Downtime = ((PD) + (EM) + Fault- (EU) X 100))/ (ST)
The Customer must provide the necessary information and cooperation required by E2E Networks to enable E2E Networks to perform root-cause analysis of the service problems.
Upon opening of a support request, E2E Networks shall investigate the reported downtime and shall promptly use best industry standard efforts to rectify the same.
4. ELIGIBILITY FOR REBATES:
Rebates will only be applied to a Fault for support has been notified
4.1 The Rebates for downtime set out in this document are calculated on a per incident basis and measured as a percentage of availability over a calendar month. For the avoidance of doubt
(a)Rebates are not calculated on a cumulative basis, and (b) periods of outage are not aggregated for the purposes of any Rebate calculation.
4.2 The Customer must request Rebates on e-mail to support giving details of the Fault to which the Rebates relate. If the Customer fails to make such request within 2 days of the end of the calendar month for which such Rebates are due: the Customer shall be deemed to have waived the Rebates for that downtime; any claims that it may have in relation to such Faults; and E2E Networks Private Limited will not be liable for such Rebates.
4.3 Following the calculation of the Rebates, they will be applied to the next invoice issued to the Customer. If there is no further invoice to be issued to the Customer, E2E Networks Private Limited will pay the Customer the amount equivalent to the Rebates.
4.4 Where Monthly Recurring Charges are used as the basis for calculating Rebates for Services provided during any period of less than a full calendar month, such Rebates shall be calculated on a pro-rata basis.
4.5 In the event of any dispute between E2E Networks Private Limited and Customer in respect of any Rebates, E2E Networks Private Limited and the Customer will work in good faith to resolve such dispute.
E2E Networks Private Limited shall not be responsible for any downtime to the extent that such downtime results from any of the following events:
- The Services being modified or altered in any way at the Customer’s request;
- Any interruptions resulting from defects or failures in or use of the Customer software or any third party Services or any facilities provided or operated by or on behalf of the Customer;
- Incomplete, inaccurate information provided by the Customer to E2E Networks Private Limited;
- The performance of traffic exchange points, including Internet networks or exchanges controlled by any third parties;
- Any delay or failure in complying with any of the Customer’s obligations under the Agreement;
- DNS issue outside the direct control of E2E Networks Private Limited;
- Failure of the Customer links, access circuits, local loop or any network not owned or managed by E2E Networks Private Limited;
- Time taken during offline backups, either planned or requested by the Customer after advance intimation;
- Damage to or faults in the equipment resulting from (i) accidents, (ii) transportation, (iii) neglect and/or misuse by Customer or its authorized representatives;
- Use of any Data Center Services by Customer for purposes other than that for which it was acquired;
- Any act or omission on the part of the Customer including but not limited to failure to notify the support e-mail alias;
- Events or occurrences that result in “no trouble found” for support request, as confirmed by Customer;
- An interruption where the Customer elects not to release a Service for testing and repair and continues to use it on an impaired basis;
- Regulatory events;
- Any abuse or fraud or failure to comply with the E2E Networks Private Limited “Terms and Conditions” on the part of Customer and its end-user;
- Any Force Majure event as described in this Agreement.
6. The period of any Fault commences from the time the Trouble Ticket is logged by the E2E Networks Private Limited support alias until the time that E2E Networks Private Limited notifies the Customer that the Fault is remedied.
7. Accordingly the time period of calculation of any applicable Credits shall begin from the time that the Support is notified by e-mail by the Customer.