PcS bvba™ 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 PcS bvba™
network. The PcS bvba™ Service Level Agreement
(SLA) guarantees our network/equipment reliability
and performance.
Uptime Guarantee:
PcS bvba™ 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 PcS bvba™ monitoring systems or PcS bvba™
authorized/contracted outside monitoring
services. If PcS bvba™ 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. PcS bvba™
will credit a full month's service. 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 PcS bvba™
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...Verizon™
cutting a fiber line somewhere)
- Backbone peering point
issues (ie...UUnet™ having a router go
down in Virginia that wipes out internet
service for the entire East Coast)
- Scheduled maintenance
for hardware/software upgrades
- DNS issues not within
the direct control of PcS bvba™
- Client’s acts or omissions,
including without limitation, any negligence,
willful misconduct, or use of PcS bvba™
service(s) in breach of PcS bvba™ Policy
and Service Guidelines (AUP), by Client
or others authorized by Client.
Connectivity:
PcS bvba's™ goal
is to make the PcS bvba™ 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 PcS bvba™
service failure for more than 15 consecutive
minutes, excluding service failures relating
to PcS bvba's™ scheduled maintenance and
upgrades. The PcS bvba™ network does not
include client premises equipment or any
Telco access facilities connecting Client's
premises to such infrastructure. PcS bvba's™
goal is to keep Average Round-Trip Latency
on the PcS bvba™ network to 85 milliseconds
or less. PcS bvba™ defines “Average Round-Trip
Latency”, with respect to a given month,
as the average time required for round-trip
packet transfers between the PcS bvba™
network and major US backbone peering points
during such month, as measured by PcS bvba™.
PcS bvba's™ goal is to keep Average Packet
Loss on the PcS bvba™ network to 1% or
less. PcS bvba™ defines “Average Packet
Loss”, with respect to a given month, as
the average percentage of IP packets transmitted
on the PcS bvba™ network during such month
that are not successfully delivered, as
measured by PcS bvba™.
Measurement:
PcS bvba™ will
periodically (on average every 10 minutes)
monitor PcS bvba™ 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 PcS bvba™ network but not other
networks to which Client may connect. PcS bvba™
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 PcS bvba™ and made
available to Client.
Hardware Failure:
PcS bvba™ stands
behind all equipment on our network. Faulty
hardware is rare, but cannot be predicted
nor avoided. PcS bvba™ utilizes only name
brand hardware of the highest quality and
perfomance. PcS bvba™ will replace all
faulty hardware affecting performance levels
of equipment within 12 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
Cisco™ engineers or backbone provider emergency
personnel to correct the problem.
Credits:
Credit requests
must be made on the PcS bvba™ web site,
by emailing to pcs@telenet.be. Each request in
connection with network/server outages/downtime
must be received by PcS bvba™ 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 PcS bvba™ within five days
after the end of such month. The total amount
credited to a Client for PcS bvba™ not
meeting SLA service levels will not exceed
the service fees paid by Client PcS bvba™
for such services for the period in question.
Each validly requested credit will be applied
to a Client invoice within 30 days after
PcS bvba's™ receipt of such request. Credits
are exclusive of any applicable taxes charged
to Client or collected by PcS bvba™. Upon
Client’s request (in accordance with the
procedure set forth below), PcS bvba™
will issue a credit to Client for network/server
outages/downtime occurring during any calendar
month that are reported by Client to PcS bvba™
and confirmed by PcS bvba's™ measurement
reporting. Such credit will be equal to
one MONTH’s worth of service. If Average
Round-Trip Latency on the PcS bvba™ network
for a calendar month exceeds 85 milliseconds,
then upon Client's request, PcS bvba™
will issue a credit to Client equal to one
MONTH’s worth of service. If Average
Packet Loss exceeds 1% during a calendar
month, then upon Client’s request, PcS bvba™
will issue a credit to Client equal to one
MONTH’s worth of service.
General:
PcS bvba
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, PcS bvba™ makes no claims
regarding the availability or performance
of the PcS bvba™ 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.