AMP Web Design & Development is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the AMP Web Design network. The AMP Web Design Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of AMP Web Design's web hosting services.
Uptime Guarantee:
AMP Web Design strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by AMP Web Design monitoring systems or AMP Web Design authorized/contracted outside monitoring services. If AMP Web Design fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. AMP Web Design does not credit a full month's service for minor downtime. This would not be financially healthy for AMP Web Design, and in turn would only negatively affect the service level AMP Web Design provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, AMP Web Design may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the AMP Web Design network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie...VerizonT cutting a fiber line somewhere)
- Backbone peering point issues (ie...UUnetT having a router go down in Virginia that wipes out internet service for the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). vT utilizes only name brand hardware of the highest quality and performance.
- Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of AMP Web Design
- Network floods, hacks, attacks from outside parties or individuals
- Failure or error of any AMP Web Design monitoring or measurement system
- Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of AMP Web Design service(s) in breach of AMP Web Design Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Connectivity:
AMP Web Design's goal is to make the AMP Web Design network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a AMP Web Design service failure for more than 15 consecutive minutes, excluding service failures relating to AMP Web Design's scheduled maintenance and upgrades. The AMP Web Design network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. AMP Web Design's goal is to keep Average Round-Trip Latency on the AMP Web Design network to 85 milliseconds or less. AMP Web Design defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the AMP Web Design network and major US backbone peering points during such month, as measured by AMP Web Design. AMP Web Design's goal is to keep Average Packet Loss on the AMP Web Design network to 1% or less. AMP Web Design defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the AMP Web Design network during such month that are not successfully delivered, as measured by AMP Web Design.
Measurement:
AMP Web Design will periodically (on average every 10 minutes) monitor the network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the AMP Web Design network but not other networks to which Client may connect. AMP Web Design reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by AMP Web Design and made available to Client.
Hardware Failure:
AMP Web Design stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. AMP Web Design utilizes only name brand hardware of the highest quality and perfomance. AMP Web Design will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site CiscoT engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current AMP Web Design contracts with CiscoT and backbone providers in regard to the emergency repair service in case of such an issue. AMP Web Design will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.
Credits:
Credit requests must be made on the AMP Web Design web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by AMP Web Design within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by AMP Web Design within five days after the end of such month. The total amount credited to a Client for AMP Web Design not meeting SLA service levels will not exceed the service fees paid by Client AMP Web Design for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after AMP Web Design's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by AMP Web Design. Upon Client's request (in accordance with the procedure set forth below), AMP Web Design will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to AMP Web Design and confirmed by AMP Web Design's measurement reporting. Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the AMP Web Design network for a calendar month exceeds 85 milliseconds, then upon Client's request, AMP Web Design will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, AMP Web Design will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.
Account cancellations
Your account can be cancelled ONLY by submitting secure service cancellation form. Other methods of cancellation are not valid.
General:
AMP Web Design reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, AMP Web Design makes no claims regarding the availability or performance of the AMP Web Design network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.
