This service level agreement is hereby made part of the Lunarpages General Terms of Service between CLIENT and LUNARPAGES, a division of Add2Net, Inc. In the event of any conflict between this Agreement and the Lunarpages General Terms of Service the Lunarpages General Terms of Service shall control.
LUNARPAGES is a world leader in webhosting and email services. We are committed to providing you with a reliable, high-quality, professional Microsoft Exchange based hosted email service together with other Exchange related services all with world class level support. As part of this commitment, LUNARPAGES is pleased to offer eligible customers the following Service Guarantees.
CLIENT, or its representatives, must cooperate with LUNARPAGES in the account initiation process; including the true and accurate completion of an order form containing detailed account information and progressive contact listings. Changes initiated by or on behalf of CLIENT or the occurrence of events outside the reasonable control of LUNARPAGES, such as those listed in Force Majeure, may result in failures or delays for which LUNARPAGES is not responsible hereunder.
Microsoft Exchange Server Availability Guarantee
LUNARPAGES guarantees 100% availability as measured below. Down time for the replacement of any failed server components, while uncommon, shall be performed at no cost to the customer including but not limited to components such as drives, switches and power supplies. Server availability is calculated based upon both log-in access, and exchange delivery success.
Infrastructure Availability Guarantee
LUNARPAGES guarantees 100% Lunarpages Infrastructure Availability as measured below. Infrastructure includes HVAC and electrical power to the server upon which your Hosted Exchange Server is located. Infrastructure Availability is calculated based upon the provision of such services to the Data Center within which your Hosted Exchange Server is located.
Network Availability Guarantee
LUNARPAGES guarantees 100% Lunarpages Network Availability as measured below. Network Availability includes both incoming and outgoing bandwidth and is calculated based upon the level of connectivity to your Hosted Exchange Server. LUNARPAGES monitors Network Availability on a 24 hour basis.
Hardware Replacement Guarantee
Replacement of failed server components shall be performed at no cost to the CLIENT within 1 hour of identification of the failure. Components shall include but are not limited to drives, switches and power supplies.
Service Credit Guarantee
In the event of any performance failure at a level above that set forth in the Guarantees above, CLIENT’s account shall be credited with service credits for the service in question in an amount equal to one full day of charges for that service for each 15 minutes of downtime. In order receive such credit, CLIENT must contact their account manager.
“Force Majeure” means acts beyond the reasonable control of LUNARPAGES, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, earthquakes, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays.
“Infrastructure Availability” consists of the number of minutes that HVAC and electrical power is available to CLIENT’s VPS within the data center where CLIENT’s VPS is located. Infrastructure Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on CLIENT’s applications, equipment, or facilities; (b) acts or omissions of CLIENT or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.
“Lunarpages Network” means the telecommunications/data communications network and network components owned, operated or controlled by Lunarpages. Lunarpages Network does not include customer premises equipment or any networks or network equipment not operated and controlled by Lunarpages.
“Network Availability” consists of the number of minutes that the Lunarpages Network is available to CLIENT and does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on CLIENT’s applications, equipment, or facilities; (b) acts or omissions of CLIENT or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.
“Microsoft Exchange Server Availability” consists of the number of minutes that your Lunarpages Hosted Exchange Server is available to CLIENT and does not include any number of minutes that Lunarpages Hosted Exchange Server may be unavailable associated with any Scheduled Maintenance to the Server. Exchange Server Availability does not include time related to the replacement of failed components. Exchange Server Availability does not include scheduled maintenance, or any unavailability resulting from: (a) problems with or maintenance on CLIENT’s applications, equipment, or facilities; (b) acts or omissions of CLIENT or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.
“Scheduled Maintenance” shall mean any maintenance of any part of the Lunarpages’ Network to which CLIENT’s Hosted Exchange Server is connected which is performed during a standard maintenance window from 3:00AM to 6:00AM (location local time). Customers will be notified of such Scheduled Maintenance a minimum of 2 days prior to the commencement any Scheduled Maintenance.
“Hosted Exchange Server” shall mean a method of providing Microsoft Exchange services whereby a physical server is utilized in such a manner as to facilitate the provision of Microsoft Exchange Services in a shared environment that remains secure to each individual customer without requiring the space or computing power of an entire Exchange server. Hosted Exchange servers are fully scalable and configurable to the needs of each client.
Service Credit Claim Process
CLIENT may make a request for Service Credit at any time during the Agreement as long as CLIENT’S Account with Lunarpages is in Good Standing. In the event of the submission of any such request, CLIENT will be notified via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, LUNARPAGES will issue Service Credit to CLIENT’s account, to appear on the next invoice issued. Multiple Service Credits will not be given for the same period of time, ie; failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of Service Credits for problems occurring in a month may not exceed the Monthly Recurring charge actually paid by CLIENT for service during that month. Service Credits will be credited against a CLIENT’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.
The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by CLIENT with the terms and conditions of its agreement with LUNARPAGES, and the failure of CLIENT to comply with those terms and conditions may invalidate LUNARPAGES’s guarantees provided herein. No credit is available for a CLIENT (a) that is blocking LUNARPAGES from monitoring CLIENT’s equipment; (b) that does not provide the necessary access to personnel and facilities at the premises to enable LUNARPAGES to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with LUNARPAGES. LUNARPAGES is not liable for failure to fulfill its obligations hereunder if such failure is due to (a) CLIENT’s use of bandwidth in excess of the amount specified in CLIENT’s Agreement with LUNARPAGES, (b) CLIENT’s tampering with any equipment, or (c) acts beyond LUNARPAGES’ reasonable control. This Service Level Agreement is not binding upon LUNARPAGES as part of CLIENT’s contract unless it has been approved by LUNARPAGES.