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GoGrid 10,000% Guaranteed™, 100% Uptime* Service Level Agreement (SLA)
Posted/Revised January 16, 2008
This 10,000% Guaranteed, 100% Uptime Service Level Agreement (this “SLA”) is a binding agreement between GoGrid and Customer and supplements the Terms of Service executed between the parties, posted at http://www.GoGrid.com/legal/terms-service.php (the “Agreement”).
This SLA covers the following elements of the Service:
- Network Performance
- Hardware Replacement
- Support Response Time
- Domain Name Services
- Physical Security
- 24 x 365 On-site Engineering
I. REMEDIES FOR SERVICE FAILURE
A. 10,000% Guaranteed
(1) If the Service does not achieve the performance levels described in Parts II through VII below (“Failure”), GoGrid will provide Customer with a 10,000% Service Credit (as defined below), pursuant to the provisions, requirements, and limitations of this SLA, including Parts IX through XI.
(2) A “10,000% Service Credit” is a credit equivalent to one hundred (100) times Customer’s Service Fees, prepaid pursuant to a Prepaid Allotment account, for the duration of the Failure, applied against fees for the Service Element (as defined below) subject to the Failure. (For example, where applicable pursuant to this SLA: a Failure lasting seven (7) hours would result in credit of seven hundred (700) hours of free service; a Failure lasting fifteen (15) minutes would result in a 1500-minute, or 25-hour, credit.) No credit will exceed one hundred percent (100%) of Customer’s Fees for such Service Element for the then-current billing month. A “Service Element” is any element or feature of the Service assigned its own price on any current GoGrid price list or on the invoice or quote for the Service period during which the Failure took place. All credits referenced in this SLA are 10,000% Service Credits.
B. Exclusive Remedies & Warranty Disclaimer
The remedies set forth in this SLA are Customer’s sole and exclusive remedies for Failure, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.
II. NETWORK PERFORMANCE
GoGrid will deliver 100% Uptime, as defined in Part II.B below. In addition, GoGrid will deliver network performance meeting or exceeding the specifications listed in this Part II.
“Jitter” means variation in Latency.
“Latency” refers to the amount of time it takes for a packet of data to travel from one point to another.
“Maximum Jitter” means the highest permissible level of jitter within a given period when there is no Network Outage.
“Network Outage” means an unscheduled period during which IP services are not useable due to capacity-constraints on the GoGrid network or a hardware failure in the GoGrid network.
“Packet Loss” means Latency in excess of 10 seconds.
B. Internal Network Performance
“100% Uptime” means the following, all as described in this Part II.B:
- Network Outage: None
- Packet loss < 0.1%
- Latency < 5ms
- Jitter < 0.5ms
- Maximum Jitter: 10 milliseconds within any 15-minute period.
C. External Network Performance
At least two (2) of the specified networks in each continent will meet the performance specifications listed below at any given time, as measured by GoGrid. GoGrid may change the specific measured hardware devices without notice. (GoGrid displays current network performance Statistics online at http://www.GoGrid.com .)
- North American Network Performance
- Packet loss to
- West Coast of North America < 0.2%
- East Coast of North America < 0.3%
- Latency to
- West Coast of North America < 45ms
- East Coast of North America < 90ms
- Jitter to
- West Coast of North America < 1.0ms
- East Coast of North America < 1.2ms
- Maximum Jitter: 10 milliseconds during any 15-minute period.
- GoGrid currently measures performance to the following North American networks: Verio, Level3, Above.net, UUNet.
- South American Network Performance
- Latency to South America < 220ms
- Maximum Jitter: 10 milliseconds during any 15-minute period.
- GoGrid currently measures performance to the following South American networks:
Brazil: UOL, STI
Chile: Netline, Firstcom
Argentina: UOL Sinectus, Sion - European Network Performance
- Latency to Europe < 175ms
- Maximum Jitter: 10 milliseconds during any 15-minute period.
- GoGrid currently measures performance to the following European networks:
France: Tiscali, France Telecom, Neuf Telecom
United Kingdom: NTL, Zen, Pipex
Germany: Star 21 Networks, PJS net, T-Online - Asian Network Performance
- Latency to Asia < 170ms
- Maximum Jitter: 10 milliseconds during any 15-minute period.
- GoGrid currently measures performance to the following Asian networks:
Japan: Singtel, Tuka, IA Japan
Hong Kong: Uni Net, Linkage, HK Supernet
South Korea: Kornet, Moumnet, BoraNet / SuperNet - Australia Network Performance
- Latency to Australia < 200ms
- Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month.
- GoGrid currently measures performance to the following Australian networks:
Optusnet, iiNet, Netspace, TPG, Adam Internet - South Africa Network Performance
- Latency to South Africa < 480ms
- Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month.
- GoGrid currently measures performance to the following South African networks:
South Africa: Coza, XSInet, Inloco
Zimbabwe: Mweb, Utande, Telconet
D. Limitations
This SLA does not cover (without limitation): (a) network performance to Customer’s physical location or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.
III. IMMEDIATE HARDWARE REPLACEMENT
GoGrid will maintain ready-to-go standby server hardware at all times. In the event of hardware failure, Customer may redeploy a replacement grid server on such standby server hardware, and such redeployment will take place immediately after Customer executes it. This SLA covers only replacement hardware availability and not failures of the portal.
IV. SUPPORT RESPONSE TIME
- EMERGENCY Cases - 30 minutes
- The following are the EMERGENCY categories:
- Server down
- Packet loss
- Routing issue
- All other Cases - 120 minutes
A tracking number will automatically be provided to Customer promptly after opening of the Case (as defined below in Part IX.A), and a human support engineer will review the support request within the timeframe listed above. GoGrid may reclassify any Case misclassified as falling into one of the EMERGENCY categories listed above, and such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and this SLA does not address them.
V. DOMAIN NAME SERVICES
- Primary DNS availability: 100%
“DNS” means domain name server. A period of DNS failure is any time during which 100% of GoGrid’s Domain Name Servers simultaneously fail to respond to requests for name resolution. This SLA does not guarantee propagation of DNS data across the Internet or the hosting of secondary DNS service for Customer’s primary domain in another location, and it does not guarantee against zone inaccuracies due to operator error.
VI. PHYSICAL SECURITY
- 24 x 365 on-site security
GoGrid will ensure the presence of a professional security guard in the computer server hosting facility (the “Facility”) at all times, charged with enforcing GoGrid’s security policies. (Those policies require, among other things, that GoGrid employees, vendors, and visitors wear a badge and that authorized visitors who have not been issued a permanent badge leave a valid U.S. driver’s license or passport with the guard while in the Facility.)
VII. 24 x 365 ON-SITE ENGINEERING
- 24 x 365 On-Site Engineering, w/ Telephone and Chat
GoGrid will maintain support engineers actively on duty 24 hours per day, every day of the year, monitoring GoGrid’s network operations center (“NOC”) and assisting customers. Any period during which GoGrid does not have one or more support engineer in the Facility and on duty constitutes a period of Failure.
IX. CREDIT REQUIREMENTS
The following are required for credits:
A. Customer must open a Case during the Failure in question. As used in this SLA, Customer creates a “Case” only when it (i) opens a support case through the Customer Portal and (ii) provides GoGrid with complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the case opening procedures at the Customer Portal. Customer will provide the information required in this Part IX.A even if GoGrid provides monitoring services.
B. Customer must provide GoGrid with accurate and complete designated points of contact, using the Customer Portal. Customer must provide GoGrid with accurate passwords for maintenance and repair use by GoGrid engineers. Delays or failures caused by Customer’s failure to abide by the requirements of this Part IX.B do not constitute Failures.
C. Customer must request any credits by accurately completing the automated SLA Credit Request process online at the Customer Portal within 48 hours of the start of the Failure.
X. CREDIT LIMITATIONS
A. The minimum period of Failure eligible for a credit is 60 seconds, and shorter periods will not be aggregated. The maximum credit for any single Failure is one month’s Service fees. In the event that multiple periods of Failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest such period of Failure. The maximum credit during a single calendar year, for all Service Elements combined, is two months’ Service fees, regardless of the length of Failure or the number of occurrences. The period of Failure for Network Performance and Domain Name Services (Parts II and V above) begins when Customer opens a Case and ends when the Failure is remedied.
B. In the event that credits for any calendar month exceed 25% of GoGrid’s revenues for such period, GoGrid may reduce and pro-rate the value of credits given to all Customers for such period so that the aggregate credit given to all Customers does not exceed 25% of revenues. As used in the previous sentence, “GoGrid’s revenues” and “all Customers” refer to revenues and customers from Internet hosting services sold under the “GoGrid” brand, and not to revenues or customers from any other business unit operating under another name or providing services other than or in addition to Internet hosting. GoGrid may employ such accounting procedures as it chooses in calculating revenues, in its sole discretion, and nothing herein will be construed to require that GoGrid disclose non-public information about its finances to Customer or to any party.
C. Credits available pursuant to this SLA apply only to future service delivery. GoGrid is not required to provide refunds pursuant to this SLA. If Customer retains a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, or setup fees.
D. Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: (1) downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods; (2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of GoGrid’s control; (5) outages resulting from Internet anomalies outside of GoGrid’s control; and (6) outages resulting from fires, explosions, or force majeure. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by GoGrid in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. As provided in Section 6 of the Agreement, GoGrid will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.
XI. Terms of Service / The Agreement
Terms defined in the Agreement will have the same meaning when used in this SLA. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.