Service
Level Agreement (SLA)
BKC Technology, LLC 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 BKC Technology network. The BKC Technology Service Level
Agreement (SLA) guarantees our network/equipment reliability and
performance. This Service Level Agreement (SLA) applies to customers
of BKC Technology's web hosting.
Uptime Guarantee:
BKC Technology strives to maintain a 99.5% network and server uptime
service level. This uptime percentage is a monthly figure, and is
calculated solely by BKC Technology monitoring systems or BKC Technology
authorized/contracted outside monitoring services. If BKC Technology
fails to meet its 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. BKC Technology does
not credit a full month's service for minor downtime. This would
not be financially healthy for BKC Technology, and in turn would
only negatively affect the service level BKC Technology provides
to you. "Partial refunds for partial downtime" is our
standard policy. In extreme circumstances, BKC Technology 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.
Exceptions:
Customer shall not receive any credits under this SLA in connection
with any failure or deficiency of the BKC Technology 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 (i.e.Verizon™ cutting a fiber line
somewhere)
• Backbone peering point issues (i.e. Unet™ having
a router go down in Virginia that wipes out internet service for
the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• DNS issues not within the direct control of BKC Technology
• Client’s acts or omissions, including without limitation,
any negligence, willful misconduct, or use of BKC Technology service(s)
in breach of BKC Technology Policy and Service Guidelines (AUP),
by Client or others authorized by Client.
Connectivity:
BKC Technology’s goal is to make the BKC Technology network
available to Client free of outages for 99.5% of the time. An "outage”
is defined as an instance in which Client is unable to transmit
and receive IP packets due to a BKC Technology service failure for
more than 15 consecutive minutes, excluding service failures relating
to BKC Technology’s scheduled maintenance and upgrades. The
BKC Technology network does not include client premises equipment
or any Telco access facilities connecting Client's premises to such
infrastructure. BKC Technology’s goal is to keep Average Round-Trip
Latency on the BKC Technology network to 85 milliseconds or less.
BKC Technology defines “Average Round-Trip Latency”,
with respect to a given month, as the average time required for
round-trip packet transfers between the BKC Technology network and
major US backbone peering points during such month, as measured
by BKC Technology. BKC Technology’s goal is to keep Average
Packet Loss on the BKC Technology network to 1% or less. BKC Technology
defines “Average Packet Loss”, with respect to a given
month, as the average percentage of IP packets transmitted on the
BKC Technology network during such month that are not successfully
delivered, as measured by BKC Technology.
Measurement:
BKC Technology will periodically (on average every 10 minutes) monitor
BKC Technology 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 Client’s internet connection,
and that such measurements constitute measurements across the BKC
Technology network but not other networks to which Client may connect.
BKC Technology 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 BKC Technology and made available to Client.
Hardware Failure:
BKC Technology stands behind all equipment on our network. Faulty
hardware is rare, but cannot be predicted nor avoided. BKC Technology
utilizes only name brand hardware of the highest quality and performance.
BKC Technology 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 BKC Technology contracts with
Cisco™ and backbone providers in regard to the emergency repair
service in case of such an issue. BKC Technology 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.
Credits:
Credit requests must be made on the BKC Technology web site, by
emailing support@BKC Technology.com. Each request in connection
with network/server outages/downtime must be received by BKC Technology
within five days of the occurrence. Each request in connection with
Average Round-Trip Latency or Average Packet Loss in a calendar
month must be received by BKC Technology within five days after
the end of such month. The total amount credited to a Client for
BKC Technology not meeting SLA service levels will not exceed the
service fees paid by Client BKC Technology for such services for
the period in question. Each validly requested credit will be applied
to a Client invoice within 30 days after BKC Technology’s
receipt of such request. Credits are exclusive of any applicable
taxes charged to Client or collected by BKC Technology. Upon Client’s
request (in accordance with the procedure set forth below), BKC
Technology will issue a credit to Client for network/server outages/downtime
occurring during any calendar month that are reported by Client
to BKC Technology and confirmed by BKC Technology’s measurement
reporting. Such credit will be equal to one Month’s worth
of service. If Average Round-Trip Latency on the BKC Technology
network for a calendar month exceeds 85 milliseconds, then upon
Client's request, BKC Technology will issue a credit to Client equal
to one Month’s worth of service. If Average Packet Loss exceeds
1% during a calendar month, then upon Client’s request, BKC
Technology will issue a credit to Client equal to one Month’s
worth of service.
Account cancellations:
Your account can be cancelled ONLY by submitting such a request
in writing. Other methods of cancellation are not valid. Once the
written request is received, the account will be cancelled within
24 hrs.
General:
BKC Technology Inc 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, BKC Technology makes
no claims regarding the availability or performance of the BKC Technology
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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