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Digi-Net Technologies, Inc. Hosted Service Level Agreement
Digi-Net has always been committed to providing a reliable, high-quality network to support its customers and hosted services. Ensuring consistent access to these services and products continues to be is a top priority for Digi-Net and is part of the reason that we are willing to commit to you in the form of this Service Level Agreement (SLA). The purpose of this document is to provide certain rights and remedies regarding the availability and performance of Digi-Net's products, services and networks. It is one more step toward a lasting and mutually beneficial relationship with our most valued assetsÜ our customers.
1) Coverage Definitions
This SLA covers the services provided by Digi-Net Technologies, Inc., and is made between Digi-Net Technologies, Inc. ("DN", "we", "our" or "us") and you ("Client", "you"). Services covered by this agreement include Managed Hosting, including Chat Hosting, Moderated Chat Event Hosting, Interactive CRM Hosting, Audio Visual Chat Hosting, Bulletin Board Hosting and Database Hosting. This agreement does not cover any services not provided by DN or provided via a third party.
As used herein, the term "Availability", "Access", or "Network Uptime" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Web-based services are available for access by third parties via HTTP and HTTPS, as measured by DN.
2) Service Level
It is Digi-Net's goal to achieve 100% Network Uptime for all customers.
Subject to the Exclusions and Conditions below, if access to customer's Web-based services is less than 100%, DN will issue a credit to customer as defined below, with the credit being calculated on the basis of the monthly service charge for the affected services only. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored.
DN takes responsibility for network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our network will be available to clients free of network outages, rendering 100% packet loss, 99.9% of each calendar month.
An SLA network violation credit occurs when our network uptime guarantees are not met. DN will refund the customer 5% of the monthly fee for each hour of network downtime (up to 100% of your monthly fee). Please make note of the claims procedure outlined in Credit Request and Payment Procedures
3) Scheduled Downtime
Scheduled downtime is any DN scheduled interruption of services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail, to the account on record when the account was established, with a minimum of 24 hours advanced notice.
4) Exclusions and Conditions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of products or network caused by or associated with:
A. Circumstances beyond DN's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood or other weather catastrophe, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
B. Failure of access circuits to the DN network, unless such failure is confirmed by DN to have been caused solely by DN;
C. Scheduled maintenance and emergency maintenance and upgrades;
D. DNS issues outside the direct control of DN;
E. Issues with FTP, POP, or SMTP customer access;
F. Issues with customer's network connectivity or the connectivity of the customer's users;
G. False SLA breaches reported as a result of outages or errors of any DN measurement system;
H. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of DN's Terms and Conditions and Acceptable Use Policy;
I. E-mail or Web mail delivery and transmission;
J. DNS (Domain Name Server) Propagation;
K. Outages elsewhere on the Internet that hinder access to your account. DN is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. DN will guarantee only those areas considered under the control of DN: DN server links to the Internet, DN's routers, and DN's servers.
L. Outages that can be linked to unanticipated changes in Internet and browser display protocols are considered to be outside of DN's control. Although we will strive to stay current and compliant, we cannot be held responsible for emerging browser technologies that interfere with product or network performance. Accordingly, DN will be afforded a reasonable period of time, by the customer, to adapt to these changes and restore consistent network and product performance.
5) Credit Request and Payment Procedures
To receive a credit, the customer's account must be current through the month in which the outage is being claimed. Past due account will receive no credits for outage periods regardless of duration. Customer must make a request by sending an e-mail message support@digi-net.com. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's account number (per your most recent DN invoice) and the dates and times of the unavailability of Web services and must be received by DN within ten (10) business days after the Web services were not available. If the unavailability is confirmed by DN, credits will be applied within two billing cycles after DN's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes, set-up fees or professional services charged to customer or collected by DN and are customer's sole and exclusive remedy with respect to any failure or deficiency in the availability of Web services.
6) Updates
DN reserves the right to update and amend this policy as it is deemed necessary or appropriate to do so. Please check back often to be appraised of any changes. This version was updated on May 30, 2004.
Digi-Net Technologies, Inc. License Service Level Agreement
Digi-Net has always been committed to providing a reliable, high-quality software for its customers. Ensuring a high level of quality for our products products continues to be is a top priority for Digi-Net and is part of the reason that we are willing to commit to you in the form of this Service Level Agreement (SLA). The purpose of this document is to provide certain rights and remedies regarding the availability and performance of Digi-Net's products and services. It is one more step toward a lasting and mutually beneficial relationship with our most valued assets- our customers.
1) Coverage Definitions
This SLA covers the products provided by Digi-Net Technologies, Inc., and is made between Digi-Net Technologies, Inc. ("DN", "we", "our" or "us") and you ("Client", "you"). Products covered by this agreement include our DigiChat and Groopz products. This agreement does not cover any software not provided by DN or provided via a third party.
2) Service Level
It is Digi-Net's goal to achieve 100% availabilty of our software for all customers with full access to all published features and updates.
Subject to the Exclusions and Conditions below, if the customer is unable to utilize the features as stated in DN's published feature sets DN will issue a credit to customer as defined below, with the credit being calculated on the basis total payment of the affected software only. Please make note of the claims procedure outlined in Credit Request and Payment Procedures
3) Exclusions and Conditions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of products or network caused by or associated with:
A. Circumstances beyond DN's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood or other weather catastrophe, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
B. Failure of access circuits to the DN network, unless such failure is confirmed by DN to have been caused solely by DN;
C. Scheduled maintenance and emergency maintenance and upgrades;
D. DNS issues outside the direct control of DN;
E. Issues with FTP, POP, or SMTP customer access;
F. Issues with customer's network connectivity or the connectivity of the customer's users;
G. False SLA breaches reported as a result of outages or errors of any DN measurement system;
H. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of DN's Terms and Conditions and Acceptable Use Policy;
I. E-mail or Web mail delivery and transmission;
J. DNS (Domain Name Server) Propagation;
K. Outages elsewhere on the Internet that hinder access to your account. DN is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. DN will guarantee only those areas considered under the control of DN: DN server links to the Internet, DN's routers, and DN's servers.
L. Outages that can be linked to unanticipated changes in Internet and browser display protocols are considered to be outside of DN's control. Although we will strive to stay current and compliant, we cannot be held responsible for emerging browser technologies that interfere with product or network performance. Accordingly, DN will be afforded a reasonable period of time, by the customer, to adapt to these changes and restore consistent network and product performance.
4) Credit Request and Payment Procedures
To receive a credit, the customer must show a lodged customer service request detailing the specifics of the problem. Customer must make a request by sending an e-mail message support@digi-net.com. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's account number (per your most recent DN invoice) and the dates and times of the unavailability of features and must be received by DN within ten (10) business days after the initial support request was made. If the unavailability is confirmed by DN, credits will be applied within two months after DN's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Credits are exclusive of any applicable taxes, set-up fees or professional services charged to customer or collected by DN and are customer's sole and exclusive remedy with respect to any failure or deficiency in the availability of Web services.
5) Updates
DN reserves the right to update and amend this policy as it is deemed necessary or appropriate to do so. Please check back often to be appraised of any changes. This version was updated on May 30, 2004.
