The objective of this SLA is to document the availability of the Service that Sprint Hosting is to achieve. This does not constitute any additional liability to Sprint Hosting, but instead a self-assumed obligation towards the Client. Under the conditions below Sprint Hosting offers to pay the Client service credits if the availability defined below is not met.
Sprint Hosting shall guarantee the availability will be 99.9% in any calendar month, subject to exclusions as defined below. If Sprint Hosting fails to meet this guarantee a credit shall be available to the Client as defined below.
The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
– Outage periods due to any cause other than faults by Sprint Hosting, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of Sprint Hosting delivery point,
– In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of the Sprint Hosting Network, Sprint Hosting will proceed to disconnect the link, for benefit of the rest of users of the Sprint Hosting Network. This disconnection won’t be cause of penalty under the SLA. Sprint Hosting will notify the Client as soon as possible about this issue in order for the Client to repair the problems.
– Outage periods reported by the Client in which no fault is observed or confirmed by Sprint Hosting,
– Any fault period during which service is suspended under provision in this Agreement,
– The Client requesting Sprint Hosting to upgrade the capacity of the service, if this operation results in an outage.
– During Scheduled Maintenance affecting the Services as defined above.
– Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.
Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from Sprint Hosting applies in case of Force Majeure.
Should the Client not have access to the Services as defined above, Sprint Hosting shall credit the client as follows:
(a) <100% and > 99.8% = 5% monthly credit
(b) 95% to 99.8% = 10% monthly credit
(c) 90% to 94.9% = 25% monthly credit
(d) 60% to 89.9% = 40% monthly credit
(e) < 60% = Pro-rata up to a maximum of 100% monthly credit
The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying Sprint Hosting within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against Sprint Hosting for any non-availability of the Services.