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Global-Enterprise Colocation and Dedicated Server Service Level Agreement

Global-Enterprise ("Global-Enterprise") shall provide Colocation and Dedicated Server Customers with Service Credit if Global-Enterprise fails to meet its stated Network Quality Guarantee as detailed in this Service Level Agreement ("SLA"). This SLA is part of Global-Enterprise's commitment to its Colocation and Dedicated Server Customers to stand behind its service and network operations.

Definitions:

  • "Average Monthly Recurring Charges" shall mean the average of the monthly fees for Internet access services charged by Global-Enterprise, which includes only the base monthly fee and excludes all local loop and other Telco and third-party charges for the three (3) months immediately preceding the month in which the event giving rise to the claim for Service Credit occurs.
  • "Global-Enterprise Backbone Network" shall mean the telecommunications network and network components owned or operated by Global-Enterprise, including points of presence from the Global-Enterprise Data Center to the point where data leaves Global-Enterprise's network at a Global-Enterprise core router and the comparable reverse path. The Global-Enterprise Network does not include any networks or network equipment or other equipment not owned or controlled by Global-Enterprise.
  • "Network Unavailability" shall mean a failure of the Global-Enterprise Network resulting in Colocation and Dedicated Server Customer being unable to connect to the Global-Enterprise Network from Global-Enterprise Data center. "Unavailability" shall not include (and for which no Service Credit shall be granted) unavailability due to Global-Enterprise planned maintenance or other planned outages, packet loss, equipment or software upgrades, customer request, any action performed by Global-Enterprise in order to maintain or improve Global-Enterprise's services, any customer equipment, circuit, application, software, code, hardware device failure or malfunction, acts or omissions of Customer and/or Customer's users, denial of credit to Customer, planned or unplanned Global-Enterprise Telco provider outages, or reasons outside of Global-Enterprise's reasonable control, such as Denial of Service Attacks, ISP/bandwidth provider outages or Force Majeure.

Installation Guarantee 


Global-Enterprise guarantees that installation of service for a Colocation and Dedicated Server Customer will be completed within fourteen (14) days after receipt of a signed purchase order/contract. If Global-Enterprise fails to meet this commitment, upon compliance with the procedures herein, Customer will be eligible to receive Service Credit equal to the full amount of Global-Enterprise's activation fee that was actually charged to Customer. Customer is required to cooperate with Global-Enterprise in the installation process including accurate completion of an order form containing detailed information and contact listings. 

Availability Guarantees


Hardware Availability 


Global-Enterprise guarantees that all Global-Enterprise-owned hardware operated and maintained on behalf of Colocation and Dedicated Server Customer ("Hardware") will be operational at least 99.9% of the time in each calendar month for standard Colocation and Dedicated Server Service. Upon receiving a Service Credit Request, Global-Enterprise will calculate the duration of any Hardware Unavailability to Hosting Customer. 

Global-Enterprise Data Center Network Availability 


Global-Enterprise guarantees to supply Customers with Global-Enterprise Data Center Network connectivity ("Data Center Connectivity") at least 99.9% of the time in each calendar month. "Data Center Connectivity" shall mean the connection provided by Global-Enterprise from, but not including any part of, Colocation and Dedicated Server Customer's co-located equipment or from and including the equipment serving Hosting Customer's Web site to, but not beyond, the connection to the Global-Enterprise Backbone Network. Upon receiving a Service Credit Request, Global-Enterprise will calculate the duration of the Data Center Connectivity Unavailability to Customer. 

Backbone Network Availability

 
Global-Enterprise guarantees at least 99.99% Global-Enterprise Backbone Network uptime in each calendar month. "Backbone Network Unavailability" shall mean the failure of the Global-Enterprise Backbone Network, for reasons not involving the Global-Enterprise Data Center Network Availability Guarantee, resulting in Customer's site or equipment being unable to connect to the Global-Enterprise Backbone Network. Upon receiving a Service Credit Request, Global-Enterprise will calculate the duration of the Global-Enterprise Backbone Network Unavailability to Customer. 

Calculating Service Credit for Unavailability 


The amount of Service Credit that may be granted, upon compliance by Customer with the procedures herein, for failure to comply with an Availability Guarantee set forth herein shall be: 
  • Unavailability equal to or greater than 40 minutes, but less than four (4) hours, in a calendar month: Eight (8) Hours Service Credit.
  • Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar month: one (1) Day Service Credit.
  • Unavailability equal to or greater than eight consecutive (8) hours in a calendar month: one (1) Week Service Credit.

Outage Notification Guarantee 


Global-Enterprise guarantees that it shall contact Customer's listed contact, either by phone or by email within eight (8) hours after the occurrence of any Unavailability affecting any Availability Guarantee that results in complete downtime for such Customer. If Global-Enterprise fails to contact Customer within eight (8) hours of the occurrence of such Unavailability, Customer will, upon compliance with the procedures herein, be eligible to receive an eight (8) hour Service Credit. 

Internet Latency Guarantee

 
Global-Enterprise guarantees an average monthly transmission rate of 85 milliseconds or less on the Global-Enterprise Backbone Network. Any Customer who experiences average Internet latency on the Global-Enterprise Backbone Network in excess of 85 milliseconds, measured at approximately thirty (30) minute intervals and calculated the average at the end of each calendar month may receive Service Credit as follows: 
  • Average Internet latency in excess of 85 milliseconds for any calendar month: one (1) day Service Credit.
  • Average Internet latency in excess of 85 milliseconds in each of two (2) consecutive calendar months: one (1) week Service Credit.

Packet Loss Guarantee 


Global-Enterprise guarantees that packet loss shall be not more than 0.3% on the Global-Enterprise Backbone Network during any calendar month. Any Customer who experiences a packet loss on the Global-Enterprise Backbone Network in excess of 0.3%, measured at approximately thirty (30) minute intervals and calculated the average at the end of each calendar month may receive One (1) Day Service Credit. 

Service Claim Procedure


To initiate a claim for Service Credit with respect to any Guarantee, except the Installation Guarantee, Customer shall submit an email to info@Global-Enterprise.com requesting a Service Credit Request within fourteen (14) days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. To be considered for Service Credit with respect to the Installation Guarantee, Customer shall submit a Service Credit Request not later than seven (7) days after the actual installation date, which shall for Colocation and Dedicated Server Customers be deemed to be the date that Global-Enterprise delivers to Colocation and Dedicated Server Customer IP address or addresses and makes Colocation and Dedicated Server Customer's rack space available for installation of Colocation and Dedicated Server Customer's equipment. Customer shall be notified of the projected installation date after Customer's order has been accepted and entered into Global-Enterprise's accounting and provisioning system. Global-Enterprise shall acknowledge receipt of all Service Credit Request via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. Customer shall be notified via email upon resolution of the request. 

Unless Customer has been notified of any Unavailability by Global-Enterprise, Customer shall have notified the Global-Enterprise Network Operations Center (404-630-7382) of any Unavailability promptly during such Unavailability. Eligibility for Service Credit is based on a failure that is caused solely by a component or components of Customer's service that is managed by Global-Enterprise. 

Service Credit 


If Customers’ Service Credit Request is approved, Global-Enterprise shall issue Service Credit to Customers’ account, which Service Credit shall appear on the invoice issued in the month following the month in which the Service Credit Request Form was approved. 

Service Credit shall be Customers sole remedy for any failure by Global-Enterprise to provide Services, including, but not limited to, any Unavailability. In addition, the terms of the Colocation and Dedicated Server Service Agreement will apply.

The Service Credit provided for herein is based on Customers’ compliance with the terms and conditions of its Colocation and Dedicated Server Service Agreement with Global-Enterprise, and the failure of Customer to comply therewith may invalidate Global-Enterprise's Guarantees provided herein. Furthermore, Global-Enterprise shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to Customers’ tampering with any equipment. 

Service Credits are not cumulative. If Global-Enterprise fails to comply with more than one Guarantee with respect to a Customer during a calendar month, only the Guarantee producing the greatest measured Service Credit to such Customer will be considered for the granting of Service Credit. Furthermore, If Customer receives more than one Service, Service Credits will not be considered for Services that were not affected by Global-Enterprise's failure to comply with any Guarantee.