a. Level 4 Services, Inc. guarantees the network will be available 99.99% of the time in any given month, excluding scheduled maintenance. Network up-time includes functioning of all network infrastructure including firewalls, routers, switches and cabling.
b. For purposes of this Agreement, a Unit of Downtime is one period at least thirty (60) minutes during which access to the network becomes unavailable because of problems with the network infrastructure and not the customers end equipment. Downtime exists when a customer is unable to transmit and receive data over the network. Downtime does not include (i) problems caused by factors outside of our reasonable control, (ii) problems resulting from any actions or in-actions by you or any third party, (iii) problems resulting from your equipment and/or third party equipment not within our sole control, or (iv) network unavailability during scheduled maintenance of our network and/or upstream providers.
c. Downtime will be measured from the time a ticket is opened notifying Level 4 Services, Inc. of the downtime. If the trouble ticket system is unavailable due to the network outage, you must email [email protected], including the date, time & description of the outage. You may also notify Level 4 Services, Inc. by phone at (818) 883-0500. If our agents are busy assisting other clients, you must leave a message with the date, time & description of the outage.
d. In any calendar month, we guarantee that Downtime will not exceed one (1) Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 1:00 am to 4:00 am (PST). We work to ensure the functioning of all web servers through continuous monitoring by our staff. e. If Downtime exceeds one (1) Unit of Downtime in any calendar month, we will, upon your written request, credit your account (a “Downtime Credit”) in an amount equal to the prorated price for one (1) day of service, for each instance of Downtime as that term is defined herein.
f. To receive Downtime Credit, you must request such credit by sending an email to [email protected] within seven (7) days after the occurrence of Downtime. This email must include the date, time and duration of the downtime you experienced. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (7). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to you within thirty (30) days of the expiration of your service agreement.
2. Hardware Guarantee
a. Level 4 Services, Inc. guarantees the functioning of all leased hardware and will replace any failed component at no cost to the customer. Hardware replacement will begin immediately upon identification of the failure, and is guaranteed to be complete within 8 hours of identification.
b. In the event that repair takes more than 8 hours, Level 4 Services, Inc. will refund you 5% of your monthly fee per additional hour of downtime, up to 90% of your monthly fee. Hardware is defined as the processor(s), RAM, harddisk, motherboard, network card, RAID controller, power supply, and other related hardware under the lease. Anything upstream of the server’s network port falls under ‘Section 1: Network’.
3. Installation Guarantee
a. Unless otherwise agreed during initial purchase, Level 4 Services, Inc. will provide all requested service within 7 business days of order approval. Level 4 Services, Inc. will activate service upon generation of an email that includes the information needed to send and receive data using said service.
b. If Level 4 Services, Inc. does not provide services within 7 business days, the setup fee charged for services will be refunded.
c. Level 4 Services, Inc. is not responsible for failure to provision services within 7 days if such failure is cause by (i) factors outside of Level 4 Services, Inc.’s reasonable control, (ii)any action or inaction by you or any third party, (iii) your equipment, applications or facilities., (iv) payment has not yet been received.
4. Technical Support
a. A member of our technical support help desk staff will be available to assist you with problems and questions regarding the services. We will supply telephone and/or email support to you regarding the service 24/7.
b. You may contact our technical support help desk via email at [email protected], or by telephone at (818) 883-0500. We may, from time to time, develop additional methods for you to contact the help desk, and will make information regarding such methods available at our website.
5. Updates and Limitations
a. Level 4 Services, Inc. reserves the right to update this agreement at any time. To see your obligations regarding these updates, please review the Master Service Agreement.