Effective Date: March 09, 2012
This is a 99.99% uptime guarantee Service Level Agreement which will serve as an agreement between ESDS and the Customer.
SERVICE IN CASE OF FAILURE
ESDS has mentioned, in this SLA, certain standards that its associates intend to follow when providing Services to the Customer. ESDS promises to offer a Service Credit (as mentioned in section I below) as compensation in the event of failure to meet these standards. ESDS also strives to meet all quality standards, even when the customer does not personally notice any lack in service that has been provided by ESDS. ESDS intends to keep its commitment to deliver superior quality of services and excellence of operations.
1) 99.99% SERVER UPTIME GUARANTEED
ESDS, after intensive research of our internal systems, can safely guarantee 99.99% server uptime which will be closely and transparently monitored by ESDS monitoring systems, within ESDS network. We provide guarantee only against failures arising due to problems in the network or power. Thus, only these failures will be covered by this Service Level Agreement. Examples of aforementioned failures include interruption in power supply, failure of power supply, interruptions or failure of network services. Any issues arising out of Customer's server which may include the Operating System, any installed software, or Customer's interaction with third party, will not be covered under this Service Level Agreement and ESDS does not guarantee any Credit or Remedy for the same.
Credits as mentioned in this section will be calculated based on the hours of usage. ESDS calculates credit based on the Customer's usage fee for the immediate previous calendar month, or in case the customer has not completed one calendar month of service with ESDS, then usage fees for the days of service up to the downtime would be considered. 5% fees will be credited to customer's account for every 60 minutes of downtime with maximum credit of 100% fees. (Example: If a Customer's last calendar month's usage was billed at 100 and the server poses a downtime of 60 minutes, then a credit of 5 (5% of 100 (for first 60 minutes)) will be applied to the Customer's account. The Credit is applicable even if the customer does not notice any downtime himself but has been realized by an employee of ESDS. Thus credit period will start as soon as downtime is reported by Customer or an employee and will end when the server is restored to online state.
2) RESOURCE SCALABILITY
The customer's eNlight server will automatically be provided additional resources as and when the need arises, based on the sole discretion of intelligent eNlight technology and ESDS. Unlimited Resources will be made available to the server automatically when such a requirement is detected subject to certain conditions as mentioned herewith. eNlight dynamically scales itself to accommodate resource requirement but shall not, in any case, exceed the maximum limit set on the hardware node on which the client's server is hosted. In case a customer wants to increase the maximum limit, such a provision is available after purchase of the same. ESDS does not guarantee unlimited resource scaling beyond the set limit. ESDS reserves the right to decide the maximum limit of resource allocation. Resources, as defined below, include but are not limited to the RAM, CPU, Servers and any other Hardware or Software involved in provisioning of the Services mentioned in this Agreement.
3) SUPPORT TURNAROUND TIME
ESDS will guarantee action by its Support Team within 120 minutes of an issue being reported. The Support Response Time may differ for cases that will be classified as Emergency, where the time taken for resolution of a problem may be comparatively less.
ESDS classifies the following as EMERGENCY cases :
As soon as any problem is noticed by either the Customer or ESDS employee, a ticket will be generated by either party to facilitate the tracking of the problem. Our Support Team will then review the request as per the time frame mentioned below. ESDS holds the right to shift a case that has been wrongly classified as EMERGENCY, and hence, such re-classified cases will not be eligible for the general treatment that EMERGENCY cases receive. Problem Resolution time and Restoration time may vary, and are not covered by this Service Level Agreement.
4) "24 x 365 SUPPORT" OVER EMAIL, PHONE AND ONLINE CHAT
ESDS' Support Staff is available 24 hours a day, 365 days a year for any support related to the services provided. The Support team will maintain and monitor ESDS' Network Operations Center (NOC) and provide assistance to the customers at all times. Our Support Team can be reached through the Client Area on our website, telephone or online chat. Please find a brief of the type of conflicts and the best suited modes to solve them:
Support Resolution Time :
Definition - Level - I Issues
Definition Level - II Issues
Definition Level - III Issues
ESDS holds all the rights to change the responsibilities of their staff without any prior notice to their customers.
5) PHYSICAL SECURITY
24x365 ACTIVE ONSITE SECURITY
ESDS has multiple professional security personnel manning our server hosting facility at all times of the day. These arrangements are the means to enforce ESDS' security policies. Besides security guards, ESDS infrastructure is monitored extensively by state of the art night vision CCTV cameras at all times, even inside the Server Room. Special access badges have been provided to all employees and authorized personnel to enter the premises. Access to the actual Server area is restricted and only authorized NOC engineers are allowed to enter the premise. ESDS provides Cage Security for Servers with sensitive and confidential information.
6) NETWORK PERFORMANCE
ESDS guarantees 99.99% uptime for ESDS' internal network performance. In the event of failure to deliver the same, the customer will qualify for Service Credit as defined above in Section I. ESDS constantly strives to deliver performance of network and even exceed the same as per the specifications mentioned.
7) BACKUP POLICY
eNlight Cloud has a periodic backup system to enable restoration in case of a failure. eNlight makes these backups by taking snap shots of the system, and thus captures only the information that exists on the system when the snapshot is being taken. You may use eNlight Cloud as a backup for your information. It is strongly recommend that you maintain one additional up-to-date copy of your programs that have been hosted on eNlight Cloud, on a location other than eNlight Cloud. If required, ESDS will take 15 working days to obtain the backup of the entire cloud through redundant, high-performance Storage Area Networks for maximum performance, security and reliability in the same datacenter. ESDS will try and restore the latest available backup if required by the client. However, ESDS cannot guarantee the availability of the same. The Client agrees that it shall not have access to their data on eNlight Cloud during a suspension or following termination.
8) SOFTWARE LICENSE CHARGES
In order to avail eNlight Cloud Services, the Customer must agree to purchase the necessary software licences required in conjunction with the Services, including but not limited to software / applications from Microsoft, cPanel, SmarterMail, MailEnable etc. These licenses may only be purchased from ESDS Software Solution on payment of fees as decided by ESDS, under the conditions as mentioned herewith,
(i) the license costs will be deducted from the Customer account on immediate purchase of the licences, and the transaction will be deemed invalid if the Customer account has negative balance,
(ii) the License cost is non refundable under any condition, including but not limited to suspension, interruption of service and termination of service,
(iii) the license cost is payable every 30 days from the last date of payment and the Customer shall be liable to pay the same within the stipulated period of 30 days, failing which, their services will be suspended.
9) MAIL SERVICES
ESDS recommends its Customers to order the Control Panel which will provide access to Mail Services over the web. ESDS may decide to assist the customer with the management of the control panel if requested by the customer, providing assistance in managing customer's mail services and other service components, including but not limited to adding storage, adding mailboxes and managing settings etc. The customers may use Control Panel to easily manage their mailboxes, and customers should not cross allowed limit of more than 1000 emails per hour. ESDS also recommends that the customers employ sufficient security measures like anti virus and firewalls on computers that are connected to the servers. If any malicious activity is found on the customer's server which can be seen as a threat to the security or operations of ESDS or eNlight, the Customer's services shall be suspended immediately and the customer shall be subjected to legal proceedings. Customer agrees and understands that spamming, sending unsolicited emails from ESDS servers or using email addresses that are maintained by ESDS is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. ESDS would be the sole arbiter as to what constitutes a violation of this Clause.
10) DOMAIN NAME REGISTRATION SERVICES
If a customer registers a new domain name through ESDS, ESDS will follow standard course of action to request the domain name service provider (Registrar) and get the domain name registered by following the set procedures on behalf of the customer. But in case of Transfer of Domain name, ESDS holds no responsibility for submission of request or for any errors or omissions. The Customer will be solely responsible for terminating any prior accounts with a registrar for a domain name, and for any obligation arising out of the same.
11) INTELLECTUAL PROPERTY
ESDS respects the Customer's privacy and ownership rights and expects the same in return. Both parties shall retain all rights over their respective copyrights, trade secrets etc. The customer shall have no rights or interest whatsoever over ESDS' Intellectual Property, whether developed during the course of service, or otherwise, unless agreed to, in writing.
12) FORCE MAJEURE
Both ESDS and the Customer shall not hold each other liable for violation of the terms of the Agreement in case of an event which is beyond reasonable human and technological control, such as disaster caused by forces of nature, human disasters such as war or act of terrorism, epidemic or riot, significant power grid or internet services failure or an event of such a magnitude which does not usually call for preventive actions and against which precautions are industry standards.
IF ESDS, or any of its employees, or associates, or suppliers, or any party that is directly associated with ESDS is faced with a legal claim arising out of the Customer's misconduct, negligence, violation of law, or the violation of this Agreement, then the Customer is solely liable to pay the damages and the cost of the claim, including but not limited to all the fees, fines, and other expenses arising out of the same. The customer's obligations under this clause extend to their employees or any other person(s) that the customer have granted access to ESDS' services or any other person(s) who may have access to ESDS' services as a result of breach of security on behalf of the customer, even if the customer themselves are unaware of such an act. If the Customer chooses to resell the services, the conditions of indemnification stated in this clause are also applicable on the claim made by the end users arising out of such a resale. ESDS will appoint a legal counsel to defend such claims, and the Customer must agree to comply with ESDS in such an event. The Customer must also agree to pay all expenses incurred in the course of action, as subject to this clause.
14) BREACH OF SERVICES
ESDS may decide to terminate the Agreement on breach of terms by sending a written notice if :
The Client may terminate the agreement for breach of terms if ESDS :
15) AUTO SUSPENSION
ESDS follows a set procedure for suspension of Services provided to the Customer under this Agreement, in case of negative balance in Customer's account, the terms of which are as follows :
ESDS holds no responsibility for Customer's Data Loss in the instance of a Permanent Account Suspension and will make reasonable efforts to recover the same. However, ESDS can not be held liable in case the information is lost permanently.
16) SUSPENSION OF SERVICES
ESDS may decide to suspend the services provided to a customer without liability in the event where
ESDS will exercise all possible efforts to issue a reasonable advance notice to the customer informing them about the suspension of services, under this clause, and also issue a possible remedy, if applicable, unless it is determined in reasonable judgement that the order of suspension is irrevocable and absolutely unavoidable.
Certain points have not been covered under this SLA. These include but are not limited to :
18) CREDIT LIMITATIONS
A) The minimum period as mentioned above, of Failure that will qualify for Service Credit is 60 minutes, any period shorter than that will not be aggregated. In case of multiple periods of Failure occurring at the same time or overlapping, Customer will qualify for the longest period of failure to receive Credit. ESDS is not bound to issue multiple credits for one incident, if that one incident qualifies for credits pertaining to multiple parts of this SLA. During such an event, ESDS reserves the rights to decide the credits that may be awarded. Also, the maximum credit that may be issued during a calendar year is equivalent to double the average monthly Service fees over prevailing 12 months. This clause covers Credits that qualify for all Service features and are not related to the length of the failure or the number of times it has occurred.
B) In case the Service credits for a particular year exceed 25% of ESDS' revenues arising out of such period, ESDS holds the right to pro-rate the amount of credits that may be given out to the Customers so that they do not exceed the 25% limit. Please note that ESDS' revenues refer to the Services provided by ESDS brand and does not include revenues from ESDS' any other business unit operating under a different name and providing services that differ from ESDS' services. ESDS has its own internal accounting procedures to compute the revenues and is not liable to disclose its financial information to Customers or third party for this purpose.
C) All the Service Credits that have been covered by this SLA will apply only to services rendered in future and do not qualify for credits that may arise out of service delivery in the past. In case a Customer has retained some amount of Service Credit after discontinuing ESDS' Services, such amount will be forfeited. This Credit amount cannot be used against any Service provided by ESDS in future or cannot be used in lieu of professional fees or any amount, whatsoever
D) This SLA does not qualify the following for Service Credit :
Emergency Maintenance refers to actions that are intended to correct conditions that may cause service failures, and will be decided by ESDS in its sole discretion. ESDS will exercise all possible efforts to restore the Services as soon as possible and will also try and inform the Customers well in advance about the same. But ESDS does not guarantee issuing such a notice and hence the failure to send out these notifications does not amount to Service Failure.
19) DISPUTE RESOLUTION AND ARBITRATION
In the-event of a dispute between the parties, the dispute should first be raised to the other party's representative and discussed between the two representatives. Please note as mentioned below, the time frame for dispute resolution :
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Nashik, Maharashtra, India, and the Customer and ESDS consent to personal jurisdiction in those courts.
20) THE AGREEMENT
Terms defined in the Agreement will be final and binding. In the event of any conflict, the SLA will govern.