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Service Availability Commitment
Service Availability Commitment Scope:
Webcore's (WCT) Service Availability Commitment is to limit
Customer's Server unavailability to less than one consecutive
hour in any calendar month.
Scheduled Maintenance Scope:
Scheduled Maintenance shall mean any maintenance in the WCT
data center at which Customer's Server is located (a) of which
Customer is notified 24 hours in advance, and (b) that is performed
during a standard maintenance window from 3 AM to 6 AM Central
time. Notice of Scheduled Maintenance will be provided to Customer's
designated point of contact by a method elected by WCT (telephone,
email, fax or pager).
Service Availability Commitment Process:
If Customer opens a trouble ticket with WCT Customer Support
within 5 days of Customer's failure to access Customer's Server
and WCT determines in its reasonable commercial judgment that
the Server is unavailable due to a Server outage caused solely
by the items of the service managed exclusively by WCT that
outage will be used to calculate Server unavailability for the
remedies provided below. A Server shall be deemed to be unavailable
if the server is not responding to ping requests issued by WCT's
monitoring software. WCT's records and data shall be the basis
for all service availability calculations and determinations.
Scheduled maintenance shall not be deemed to be Server unavailability.
Unavailability of Customer's Server due to Customer's web content
or application programming, acts of Customer or its agents,
network unavailability outside of the WCT Network or events
of force majeure shall not be deemed Server unavailability for
the purpose of this Commitment.
Service Availability Commitment Remedy:
If WCT determines in its reasonable commercial judgment that
Customer's Server was unavailable for one or more (but fewer
than four) consecutive hours during a calendar month, WCT, upon
Customer's request, will credit Customer's account for such
month the pro-rated charges for one day's service for that server.
Or if WCT so determines that the Server was unavailable for
four (4) or more consecutive hours during any calendar month,
WCT, upon Customer's request, will credit Customer's account
for such month for the pro-rated charges for one week's service
for that server. Credits will not apply to data transfer charges
or to charges for services other than the Monthly Fee for the
server for which this Commitment was not met. Customers with
multiple Servers will not receive credits for unaffected Servers.
Customer's account shall not be credited more than once per
month under this Service Availability Commitment.
Network Latency Guarantees
Network Latency Guarantee Scope:
WCT's Network Latency Guarantee is average round-trip transmissions
of 40 milliseconds or less between WCT border router(s) and
the closest hop router(s) of WCT's uplink providers.
Network Latency Guarantee Process:
Latency shall be measured by averaging sample measurements taken
during a calendar month between Hub Routers. No credits will
be made if failure to meet a Network Latency Guarantee is attributable
to reasons of Force Majeure (as defined in the applicable service
agreement).
Network Latency Guarantee Remedy:
If WCT fails to meet any Network Latency Guarantee in any
calendar month, Customer may request that account be credited
for that month for the pro-rated charges for one day of the
WCT Monthly Fee for the service with respect to which a Network
Latency Guarantee has not been met.
Network Packet Delivery
Guarantee
Network Packet Delivery Scope:
WCT's Network Packet Delivery Guarantee is packet delivery
of 98% or greater between the WCT network and the closest
hop router(s) of WCT's uplink providers.
Packet Delivery Guarantee Process:
Packet Delivery shall be measured by averaging sample measurements
taken during a calendar month between WCT's border routers
and the closest hop router(s) of WCT's uplink providers. No
credits will be made if failure to meet a Network Packet Delivery
Guarantee is attributable to reasons of Force Majeure (as
defined in the applicable service agreement).
Network Packet Delivery Guarantee Remedy:
If WCT fails to meet any Network Packet Delivery Guarantee
in a calendar month, Customer may request that account be
credited for that month for the pro-rated charges for one
day of the WCT Monthly Fee for the service with respect to
which a Network Packet Delivery Guarantee has not been met.
Server Install Guarantee
Server Install Guarantee Scope:
WCT's Server Install Guarantee is to have installation of Customer's
Server completed within 2 business days for Shared Linux Services,
15 business days for dedicated Linux Services, 3 business days
for Shared Services (for Windows 2000), and 10 business days
for Dedicated Services (for Windows 2000).
Server Install Guarantee Process:
These dates shall be counted from the date WCT has received
all of the following from Customer: signed Service Agreement
(if requested by WCT), completed Customer Information Form,
Completed Configuration Form, and (if requested by WCT) completed
credit application. The service is deemed to be installed when
WCT is prepared to provide to Customer password and login information,
enabling installation of Customer's data files on the designated
server. The Server Install Guarantee is not available if installation
delay is attributable to Customer equipment, acts or omissions
of Customer, its employees or agents, Customer not passing WCT's
credit check, or reasons of Force Majeure (as defined in the
applicable service agreement).
Server Install Guarantee Remedy:
Upon receiving from WCT notice that WCT is prepared to provide
Customer with password and login information for Customer's
server, Customer shall have five (5) days within which to contact
Customer's installation engineer if Customer believes WCT has
failed to meet the Server Install Guarantee. If Customer contacts
WCT within such five (5) day period and if WCT determines in
its reasonable commercial judgment that WCT has failed to meet
this Server Install Guarantee, Customer's account shall be credited
50% of WCT's standard Start-up Charge for the server with respect
to which this Guarantee has not been met.
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