Service Level Agreement
RemarkableTek, Inc (“RemarkableTek”) is committed to providing services to its customers at a standard of excellence exceeding the best practice in the industry. Network uptime and server availability are of the highest importance. The following service levels are designed to assure RemarkableTek CloudTek hosting and Cloud Server customers of ultimate performance and maximum uptime.
Server Hardware Replacement
RemarkableTek guarantees the functioning of all Dedicated Hardware Services and will replace any failed component at no cost to the customer within 48 hours following RemarkableTek’s receipt of customer’s trouble ticket concerning the Dedicated Hardware issue and RemarkableTek’s identification of the failed Dedicated Hardware (“Replacement Guarantee”). “Dedicated Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to Dedicated Hardware during Maintenance, as defined below.
99% Network, Power and HVAC Availability
The RemarkableTek SLA guarantees that its network, power and HVAC systems will be available 99% of the time in a given month, excluding Maintenance, as defined below. “Infrastructure Downtime” means: (a) the RemarkableTek power or HVAC systems are not available and (b) Customer submits an RemarkableTek trouble ticket detailing the unavailability of the RemarkableTek power or HVAC systems resulting in customer downtime.
99% Uptime Guarantee
RemarkableTek provides a 99% Uptime Guarantee on all RemarkableTek Hardware and on Network Connectivity. In any given month, if your server is offline due to a RemarkableTek unscheduled hardware failure, or an unscheduled failure of the RemarkableTek network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the RemarkableTek network is working normally, but upstream issues, such as a datacenter, carrier failure or DDOS is impacting customer routes to the cloud.
Remedies
In the event RemarkableTek fails to meet the Replacement Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, RemarkableTek will apply a credit (“Credit”) to customer’s account in an amount equal to 1 days credit of the Net MRC for the affected account for each hour of downtime (up until the full monthly amount) or fraction thereof. “Net MRC” means the Monthly Recurring Charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. In order to claim Credits, Customer must open an RemarkableTek trouble ticket. All downtimes will be measured from the time the ticket is received and validated by RemarkableTek to the time RemarkableTek, in its sole discretion is able to resolve the issue. Customer may not receive more than One Credit per incident and in no event will Customer receive greater than one month’s Net MRC per incident under this SLA. Customer must be an RemarkableTek customer in good standing to receive the Credit. No Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Credit are met. Upon cancellation of the customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.
Exceptions
Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) the failure of power, facilities, equipment, systems or connections not provided by RemarkableTek; (iii) the failure of Third Party Service to RemarkableTek’s network; (iv) application, software, or operating system failure, (v) the result of network maintenance activity, (vi) Denial of Service attack, hacker activity, or other malicious event targeted against RemarkableTek or a RemarkableTek Customer, or (vii) failure of any Network or Internet Infrastructure not owned or managed by RemarkableTek. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.
Maintenance
“Maintenance” means Scheduled Maintenance or Emergency Maintenance. ”Scheduled Maintenance” means any maintenance in the RemarkableTek data center or platforms (a) of which we announce through our one or more of our systems (Community Forums, Twitter, Support System or Facebook) at least 1 hour in advance, or (b) that is performed during RemarkableTek’s standard maintenance windows. “Emergency Maintenance” means any maintenance in the RemarkableTek data center that or platforms: (a) in RemarkableTek’s sole discretion, is necessary to avoid an immediate threat to the RemarkableTek data center or Customer’s server and (b) of which Customer is notified. Any Emergency Maintenance in excess of 3 hours per event will count as Network Downtime. This SLA and all RemarkableTek Services are subject to the RemarkableTek terms and conditions.