The SLA applicable to all Services delivered to Customers. This SLA does not apply to the availability of Third Party Services which are subject to the 3rd Party Legal Agreements. The SLA is binding only on the Customer and VILAYER and does not apply to any Third Parties, including Customer End Users or Friends. The issuance of SLA Credits (defined below) is the sole and exclusive remedy of Customer and VILAYER's sole and exclusive obligation, for any failure by VILAYER to satisfy the requirements set forth in the SLA
(Free Support) which includes (One Hours Per Month) is defined as a basis for each customers basic support allotment, VILAYER is at right at all times to request payment if support faults are originated from the client and in no way shape or form fault of VILAYER. It is at VILAYER's discretion to provide support for software configuration or any form of custom coding / scripting under the free support allotment.
("Advanced Support") is defined as advanced technical support for dedicated, virtual, gaming, voice and web hosting. This support can be used for any number of support services and includes server troubleshooting, software configuration, operating system configuration, operating system reinstalls, and any task that does not fall under the "free support" provided with the service. For various levels of support requirement a particular amount of time is provided and is at VILAYER's discretion whether it's chargable or not.
("Network") is defined as the equipment, software, and facilities within the VILAYER's infrastructure, including VILAYER's contracted connectivity services to which the VILAYER hosting environments are connected and are collectively utilized by VILAYER to provide dedicated, virtual, gaming, voice and web hosting services.
("Service Availability") is the total time in a calendar month that the VILAYER infrastructure is available through the Internet, provided that client has established connectivity. VILAYER takes responsibility for the service availability within its infrastructure, and cannot be held liable for problems directly related to an external bandwidth provider, hardware and or software fault.
("Service Downtime") is any unplanned interruption in service availability during which the client is unable to access the services as described in preceding section 1.3, provided the interruption is determined to have been caused by a problem in the immediate VILAYER infrastructure as confirmed by VILAYER will measured as the total length of time of the unplanned interruption (complete outage) in service availability during a calendar month.
("Scheduled Service Downtime") is any scheduled interruption of service. Scheduled service downtime occurs during a VILAYER standard server maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication. In ("Advanced Support") downtime is coordinated with the client to the best of VILAYER abilities as to align the window of maintenance with the clients explicit wishes.
("Performance Credit") occurs when 100% uptime is not met. VILAYER will refund the customer 5% of the monthly fee for each 1 hour of downtime up to 100% of the clients monthly fee. Downtime is measured from the time a trouble ticket is opened by a customer to the time the service is once again available.
Performance credit is completely at VILAYER's discretion and is only applicable if it's the direct fault of VILAYER. Performance credit is not included in the case of Server Attack of any type, Hardware Failure, Software Failure or any 3rd party failure.
("Monitoring Service") is the service VILAYER provides in order to analyze availability of services and applications through its internal monitoring system.
("Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the service in question.
3.1 This SLA does not cover service downtime caused by problems in the following:
4.1 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
4.2 Hardware Replacement Guarantees and service levels are defined as applying to servers less than 12 months in production and apply only to verified server vendors such as Supermicro, Dell, HP and IBM. Hardware Replacement Guarantees are only available in certain datacenters of which the client will be notified upon reporting a hardware specific issue.
4.3 Hardware Replacement will occur within 12 twelve hours of the reported problem in supported datacenters. The client will be notified by support in the instance were hardware can-not be replaced under this time and is subject to section 4.2.
4.4 Restoration : Is defined as returning the service to its original state before the date the service went offline. If hardware failure causes corrupted operating system, data files, or damaged service configurations, VILAYER will restore the system to its original state if possible however maintains no responsibility of backup data or integrity of the restoration. If VILAYER is unable to restore any of the configuration a new installation of the service will be provided free of charge.
4.5 VILAYER is not responsible for the restoration of data. If hardware failure is experienced and subsequent data loss occurs, client is ultimately be responsible for data restoration. VILAYER shall not be liable for loss of data under any circumstances.
4.6 Hardware Upgrade is the cost of the hardware peripherals at the time of ordering the server & on subsequent upgrades can be different. A one time setup fee would be applicable in certain upgrade requests.
4.7 VILAYER does not take responsibility for the overall security of the service. If any services are compromised in any way, VILAYER reserves the right to immediately audit the service and server. VILAYER reserves the right to cancel the service if any of the services are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee will be incurred in respect to any security related work performed due to any such service being compromised by negligence on the part of the client.
4.8 Service Migration : If a customer wishes to migrate from one service to another service, they would have to go through the 30 (thirty) day notice period for the old service also. The old service would have to be cancelled & a new service order would have to be placed. Data migration would commence only after both the formalities have been completed. There would be no charges for migration of data when it has to be done from one service of VILAYER's network to another service within the VILAYER's network. Customer charges are applicable for data to be moved into VILAYER's network and charges would be applicable on a per migration basis.