BurstNET® Service Level Agreement (SLA)
BurstNET® is proud to offer an exceptional level of performance, reliability, and service.
That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA),
which provides certain rights and remedies regarding the performance of the BurstNET® network.
The BurstNET® Service Level Agreement (SLA) guarantees our network/equipment reliability and performance.
This Service Level Agreement (SLA) applies to customers of BurstNET's® Web Hosting, Dedicated Server, Virtual Private Server, Co-location,
and Internet Transit/Transport services.
BurstNET® strives to maintain a 99.999% network and service uptime level, and guarantees atleast 99.5%.
This uptime percentage is a monthly figure, and is is calculated solely by BurstNET® monitoring systems or
BurstNET® authorized/contracted outside monitoring services.
If BurstNET® fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below,
credits will be made available to each Client, upon request, on a case by case basis.
BurstNET® does not credit a full month's service for minor downtime.
This would not be financially healthy for BurstNET®, and in turn would only negatively affect the service level
BurstNET® provides to you.
"Partial refunds for partial downtime" is our standard policy.
In extreme circumstances, BurstNET® may distribute full month credits, but this is dealt with on a case by case basis.
Details on how credit amounts are calculated can be found below.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the BurstNET® network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie...a backhoe cutting a fiber line somewhere)
- Backbone peering point issues (ie...Level3™ having a router go down in Virginia that wipes out Internet service a portion of the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). BurstNET® utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of BurstNET®
- Network floods, hacks, attacks from outside parties or individuals
- Failure or error of any BurstNET® monitoring or measurement system
- Acts or omissions by Client, including without limitation, any negligence, willful misconduct, or use of BurstNET® service(s) in breach of BurstNET® Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of BurstNET® resources, is a violation of this policy. Any attempt to harm equipment owned by BurstNET®, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.
Illegal Usage Restrictions:
BurstNET's® goal is to make the BurstNET® network available to Clients, free of outages, as best possible.
An outage is defined as an instance in which Client is unable to transmit and receive IP packets
due to a BurstNET® service failure for more than 15 consecutive minutes, excluding service failures relating to BurstNET's® scheduled maintenance and upgrades.
The BurstNET® network does not include Client premises equipment or any Telco access facilities connecting premises of Client to such infrastructure.
BurstNET's® goal is to keep Average Round-Trip Latency on the BurstNET® network to 85 milliseconds or less.
BurstNET® defines Average Round-Trip Latency, with respect to a given month, as the average time required for round-trip packet transfers between
the BurstNET® network and major US backbone peering points during such month, as measured by BurstNET®.
BurstNET's® goal is to keep Average Packet Loss on the BurstNET® network to 1% or less.
BurstNET® defines Average Packet Loss, with respect to a given month, as the average percentage
of IP packets transmitted on the BurstNET® network during such month that are not successfully delivered, as measured by BurstNET®.
BurstNET® will periodically (on average every 5 minutes) monitor BurstNET®
network and server availability using software and hardware components capable of
measuring application traffic and responses.
Client acknowledges that that such measurements may not measure the exact path traversed by Internet connection of Client, and that
such measurements constitute measurements across the BurstNET® network but not other networks to which
Client may connect. BurstNET® reserves the right to periodically change the measurement points and
methodologies it uses without notice to Client. Full network and server reporting will be posted to a location
designated by BurstNET® and made available to Client.
BurstNET® stands behind all equipment on our network.
Faulty hardware is rare, but cannot be predicted nor avoided.
BurstNET® utilizes only name brand hardware of the highest quality and perfomance.
BurstNET® will replace all faulty hardware affecting performance levels of equipment
within 48 hours, which includes hardware issues that cause server crashes or speed issues.
Hardware failure resulting in complete network/server outage/downtime will be
corrected within two hours of problem identification.
Router failure is an exception to this SLA guarantee, and may require on-site Cisco engineers
or backbone provider emergency personnel to correct the problem.
Router failure is governed by current BurstNET® contracts with Cisco and backbone providers
in regard to the emergency repair service in case of such an issue.
BurstNET® will replace all faulty hardware on dedicated servers (rented or leased servers),
at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.
BurstNET® will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.
Credit requests must be made on the BurstNET® web site, by filling out the
"Service Level Agreement (SLA) Request" form.
Each request in connection with network/server outages/downtime must be received by BurstNET® within five days
of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month
must be received by BurstNET® within five days after the end of such month.
The total amount credited to a Client for BurstNET® not meeting SLA service levels will not exceed the service
fees paid by Client BurstNET® for such services for the period in question.
Each validly requested credit will be applied to a Client invoice within 30 days after BurstNET's® receipt
of such request. Credits are exclusive of any applicable taxes charged to Client or collected by BurstNET®.
Upon request of Client (in accordance with the procedure set forth below),
BurstNET® will issue a credit to Client for network/server outages/downtime occurring during any calendar month
that are reported by Client to BurstNET® and confirmed by BurstNET's® measurement reporting.
Such credit will be equal to one days worth (1/30th) of the monthly fees paid by Client,
(for all service fees paid if network outage, or specific affected service fees paid if individual server downtime)
multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime.
If Average Round-Trip Latency on the BurstNET® network for a calendar month exceeds 85 milliseconds,
then upon request of Client, BurstNET® will issue a credit to Client equal to six day's worth (1/5th) of the
monthly service fees paid by Client for such month.
If Average Packet Loss exceeds 1% during a calendar month, then upon request of Client, BurstNET® will
issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.
BurstNET® reserves the right to change or modify this SLA to benefit the Client,
and will post changes to location currently housing this SLA at time of modification,
which will be made available to Client.
Except as set forth in this SLA, BurstNET® makes no claims regarding the availability or performance of the
BurstNET® network or servers.
Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client.
In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy.
The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.
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