Service Level Agreement
This Service Level Agreement (the "SLA") is an integral part of your agreement with Firehost, Inc., a Texas corporation ("Firehost") for the provision of services (collectively the "Services") set forth on the Service and Pricing Order Form.
This SLA defines the terms of our responsibility with respect to the Services that we provide (the Service Commitments") and your remedies in the event that we fail to meet these Service Commitments. This SLA and the refunds set forth herein (the "Service Credits") represent Firehost's sole obligation and your sole remedy for our failure to meet such Service Commitments.
The Service Commitments under this SLA are as follows:
100% Network Uptime
FireHost guarantees 100% network uptime for our public Internet network, excluding scheduled maintenance. In the event that our network does not experience 100% network uptime in a given month (excluding scheduled maintenance), FireHost will refund 20% of your monthly service fees for each 3 hours of network downtime experienced up to 100% (for all Service Credits in a given month) of the monthly service fees for those Services affected. Notwithstanding the foregoing, you recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of FireHost. This SLA and the 100% Network Uptime Service Commitment cover the provision of access by FireHost to the global internet "cloud". Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of FireHost can and will occur and such instances shall not be considered any failure of the 100% Network Uptime Service Commitment.
100% Infrastructure Uptime
FireHost guarantees that the critical infrastructure systems will be available 100% of the time in a given month, excluding scheduled maintenance. In the event that critical infrastructure systems do not experience 100% availability in a given month (excluding scheduled maintenance), FireHost will refund 20% of your monthly fee for each 3 hours of downtime up to 100% (for all Service Credits in a given month) of your monthly fee for those Services affected. Critical infrastructure systems include all power and HVAC infrastructure, including UPSs, PDUs and cabling. Critical infrastructure systems do not include any software or services running on server, nor do they include any server hardware.
1-Hour Hardware Replacement
FireHost guarantees the functioning of all hardware components and will replace any failed component within 1 hour of FireHost's identification and confirmation of the problem at no cost to you. In the event that we are unable to replace a failed hardware component within such 1-hour period, FireHost will refund 20% of your monthly service fees for each 3 hours of hardware downtime up to 100% (for all Service Credits in a given month) of the monthly service fees for those Services affected. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This 1-Hour Hardware Replacement covers the time to have the hardware installed, powered and operational, but excludes the time required to rebuild a RAID array, reload of certain operating systems and applications and restoration of any data.
Backup Responsibility
You understand that if FireHost backup services are not purchased or included as part of the Services, FireHost assumes no responsibility for the data, which resides on any server. In addition, the data will not be backed up at all by FireHost and could potentially be lost if there is a hardware or similar type of failure. In no event shall FireHost be liable for damages resulting from loss of data, profits or for any incidental or consequential damages, even if advised of the possibility of such damage.
Service Credit Requests
All SLA claims must be filed in writing to FireHost Accounting (accounting@firehost.com) within 7 days of the incident. The support ticket must include all relevant information, including server name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
In order to qualify for Service Credits, you must be current on all payment obligations, not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of FireHost.
FireHost proactively monitors network uptime, infrastructure uptime and hardware availability. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime, infrastructure uptime and hardware availability.
No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your personnel, (ii) due to failure of any equipment provided by you, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which you are entitled to a Service Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from your breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of FireHost.
Total cumulative Service Credits during any given month shall not exceed your monthly fee for those Services affected.
FireHost may modify any aspect of this SLA upon thirty (30) days prior notice. Should you wish to terminate the Service as a result of such modification, you may do so by sending a termination notice to accounting@firehost.com any time prior to the effective date of such modification. Absent such termination notice, the modified SLA shall apply from the effective date for as long as you continue to retain Services from FireHost.
