Internet Connectivity
Edikon’s Network Availability Guarantee ensures Internet connectivity is provided to Edikon customers 100% of the time and, as set forth below, Edikon will credit Customer’s account if Edikon fails to meet this Network Availability Guarantee during any given calendar month. At Customer’s request, Edikon shall calculate Customer’s ‘Network Unavailability’ in a calendar month. ‘Network Unavailability’ consists of the number of minutes that the Edikon network is not available to the customer, but shall not include unavailability that Customer fails to report to Edikon within five (5) days, or any unavailability resulting from (a) Scheduled Edikon Network Maintenance; (b) Any Customer owned/maintained circuits or equipment failure; (c) Customer’s applications or equipment; (d) Acts or omissions of Customer; (e) Any use or user of the service authorized by Customer; (f) Reasons of Force Majeure; or (g) Suspension of Customer’s account for violations of Edikon’s Acceptable Use Policy, non-payment or any other Default under any agreement between Edikon and Customer. For each cumulative thirty (30) minutes, or fraction thereof, of Network Unavailability during any single calendar month, Customer’s account shall be credited for the pro-rated charges for one (1) day of the Edikon Recurring Fee charged for Internet connectivity, up to but not exceeding the total Recurring Fee for one month of Internet connectivity. This sum does not include additional Recurring Fees, such as bandwidth overages, data protection, etcetera.
Bandwidth Guarantee
Edikon’s Network Bandwith Guarantee provides that the average Internet bandwidth utilization at the Data Center shall not exceed seventy-five percent (75%) of the total aggregate Internet bandwidth available to the Data Center at the ninety-fifth (95th) percentile of utilization. Average Internet bandwidth utilization will be determined by calculating the average of the lowest ninety-five percent (95%) of utilization samples taken every five (5) minutes. This calculation is consistent with the industry standard ninety-fifth (95th) percentile method of determining bandwidth utilization and is subject to change with industry trends without notice.
Edikon guarantees their network will be composed of a minimum of two (2) Tier one carriers.
If Edikon fails to meet this Network Bandwith Guarantee Customer’s account shall be credited the pro-rated charges for one (1) day of the Edikon Recurring Fee charged for the service with respect to which this Guarantee has not been met; provided, that Customer may obtain no more than one (1) credit per day, irrespective of how often in that day Edikon failed to meet the Network Bandwith Guarantee.
Limitations
This guarantee only applies to managed service customers.
The total accumulative credit granted to customer by any aspect of this or any other Service Level Agreement during any calendar month shall not exceed the Recurring Fees for the same calendar month, and the credits shall only be used to offset charges incurred in said calendar month.
No guarantee shall apply if downtime or unavailability occurs during standard Edikon maintenance windows, when Customer is notified at least twenty-four (24) hours in advance of maintenance activities or unavailability of service guarantees. No Guarantee shall apply if Edikon’s standard procedure for detecting unavailable service would not detect Customer’s service failure.
All credits hereunder shall be provided only upon request of Customer. Requests for credit must be received by Edikon within five (5) days of Edikon’s failure to perform under the obligations outlined in this Service Level Agreement.
No guarantee or remedy will be provided at any time for failures determined, by Edikon, to be attributable to reasons beyond the direct control of Edikon.
This Service Level Agreement is subject to change at the sole discretion of Edikon, without notice to Customer. The most recent revision of this document shall be posted to Edikon’s web site at http://www.edikon.com/. All changes made to the Service Level Agreement shall be effective five (5) days after the first publishing date.
This Service Level Agreement shall in no way be interpreted to construe that Edikon guarantees performance against failures of application specific features, such as web server software, operating system software, failing hardware, web site application features, database performance, customer equipment failure or related components. It will be at Edikon’s sole discretion to adjudicate any claims arising hereunder and to determine fault and identify failure to perform under the obligations of this Service Level Agreement.
Revised December 2005
