Revised January 14, 2005
This Service Level Agreement made between NetVigour, LLC and its customers is intended to serve as a baseline for measuring ISP performance, as well as a specific definition for the methods and frequency of customer notification and outage resolution should a network outage occur.
NetVigour Network is defined as the collection of network devices, computers, cabling, software, etc. fully owned and operated by NetVigour, LLC.
Outage is defined as a period of time greater than two minutes where a packet response cannot be solicited from equipment or software defined as being part of the NetVigour Network that directly affects the performance of a customers website, server, or other applicable service.
Scheduled Outage is defined as a period of time greater than two minutes where a packet response cannot be solicited from equipment or software defined as being part of the NetVigour Network that directly affects the performance of a customers website, server, or other applicable service. This outage is scheduled and announced to NetVigour customers in advance and is typically scheduled during an off-hour to minimize customer impact. Typically, these outages only occur a few times per year to allow for system upgrades and critical maintenance. A scheduled outage does not count towards a violation of this agreement.
Business Hours are defined as being 8:00AM 8:00PM Monday through Friday, Eastern Standard Time.
Non-critical Inquiry is defined as a request for information that has no impact on the service quality if not answered or acted upon promptly.
The NetVigour Network will be available 99.9% of the time 24 hours per day, 7 days per week. Any individual unscheduled outage in excess of .17 hours (10.2 minutes) or sum of unscheduled outages exceeding .68 hours (40.8 minutes) per month as measured by NetVigour will constitute a violation.
90% of packets transferred into the NetVigour Network will exhibit a latency of 85 milliseconds or less response time, defined as the interval from the time a 32 byte ICMP echo request enters the NetVigour Network to the time the corresponding ICMP echo reply exits the NetVigour Network. Missing the metric for this performance metric measured over any business week as measured by NetVigour will constitute a violation. NetVigour cannnot be responsible for network performance on parts of the Internet we do not control, including a customer's own internal network, Internet connection, or ISP network.
The NetVigour network services team will respond to service incidents that affect individual and multiple users within 15 minutes during normal business hours, and 1 hour (60 minutes) during off hours. If an outage cannot be resolved within 60 minutes, this shall constitute a violation. During an outage, NetVigour Network customers shall be notified via email, website updates, or other reasonable method upon NetVigours recognition that the outage will take more than 60 minutes to resolve. Additionally, updates on the progress of service resolution shall be made via email or via the NetVigour website (http://www.netvigour.com
) every 4 hours until outage resolution. Missing any of these metrics on an incident will constitute a violation.
The NetVigour network services team will respond to non-critical inquiries within one business day (24 hours). Inquiries should be sent to firstname.lastname@example.org.
||If there is an interruption of the Services, NetVigour will credit Customer with an amount equivalent to four (4) hours Fee for each two (2) consecutive hours of interruption (the "Interruption Rebate"). Interruption in this Agreement means the inability of the Customer to complete Internet network connections for two (2) or more consecutive hours due to a malfunction of NetVigour's Equipment or NetVigour's network as documented by NetVigour. For greater certainty, interruption does not include any NetVigour Equipment or network failure associated with Internet connections outside of NetVigour's core network, any failure caused by the Customer, any failure caused by power outage or human error or any failure due to termination of the Services by NetVigour in accordance with the terms of this Agreement.|
The Interruption Rebate will be a pro-rata portion of the Monthly Recurring Charges applicable to the portions of the Service which experienced the Service interruption and in no event will the credit exceed the total monthly qualifying recurring fee as indicated on the monthly invoice for Services. Any Interruption Rebate shall, upon written request by the Customer, be credited by NetVigour to the Customer within 30 days after NetVigour agrees to pay Customer for the service interruption.
||The criteria provided below shall be applied in determining whether a Service failure will trigger the calculation of an Interruption Rebate. A Service interruption shall be deemed to have occurred only when it was not the result of any of the following circumstances:|
||The fault or negligence of Customer, its end users, employees or agents or any third party;|
||The failure of interconnecting service or equipment not part of NetVigours Equipment or Service or otherwise within NetVigours control;|
||Any planned interruption;|
||A Force Majeure condition.|
||Month-to-month hosting customers wishing to cancel their service are required to do so in writing by emailing email@example.com. In addition, they must provide NetVigour with one calendar month's notice. A calendar month is defined as January 1-31, February 1-28, etc. Any customer who cancels in the middle of a calendar month will be billed for the entire subsequent calendar month.|
||Under no circumstances will NetVigour or its successors and assigns, be liable to the Customer for any incidental, special or consequential damages, expenses, costs, liability, loss or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law or any other cause of action or legal theory. The Customer agrees, acknowledges and confirms that NetVigour's liability arising out of or in connection with this Agreement and the provision of the Services, and the Customer's exclusive remedy, shall be limited to one half (1/2) the Fee paid by the Customer during the most recent month of service and that this limitation is fair and reasonable in the commercial circumstances of this Agreement and that NetVigour would not have entered into this Agreement but for the Customer's agreement to limit NetVigour's liability in the manner, and the extent, provided for herein.|
||For greater certainty, Customer agrees that NetVigour and its successors and assigns shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this Agreement or the provision of the Services, even if NetVigour has been advised of the possibility of such loss.|
||NetVigour is not liable for protection or privacy of electronic mail or other information transferred through the Services or any other network provider its customers may utilize.|
||NetVigour assumes no liability arising from the use of the Services furnished by NetVigour in combination with services, products or equipment provided by Customer or any third parties.|
||The Customer shall have sole responsibility for the preparation of its programs and data. NetVigour, its directors, employees, sponsors and agents shall not be responsible for any fault or error in the Customer's programs or any programs accessed through the Services or the Internet.|
||This Section shall apply even in the event of a breach of condition, a breach of an essential or fundamental term or a fundamental breach of this Agreement.|
||The Customer shall indemnify NetVigour, its successors and assigns, and their directors, officers, employees and agents harmless from and against all loss, liability or damages of any type and expense, including reasonable legal fees, arising from any and all claims by any third party, including end users and distributors (collectively, the "Third Party"), in connection with the use of the Services (and related equipment) by the Customer or any Third Party or in connection with the Customer's failure to comply with its obligations under this Agreement, whether the failure is attributable to the Customer or to some other person using the Customer's account with or without permission of the Customer.|
||The Customer shall indemnify NetVigour, its successors and assigns and their directors, officers, employees and agents, against any claim by a Third Party for alleged infringement of any copyright, trademark or any other intellectual property rights which arises as a result of the storage or processing of any of the Customer's programs or data on or through the Services or the Internet.|
||The indemnities contained herein shall survive termination of this Agreement for the maximum time period permitted by law.|
Periodically, the terms of the NetVigour Network Service Level Agreement shall change in accordance with market conditions, increased ISP performance expectations, etc. The current version of the NetVigour Network Service Level Agreement shall be made available in electronic or paper format on demand to any NetVigour, LLC customer or prospective customer by emailing firstname.lastname@example.org
. The NetVigour Network Service Level Agreement shall not change more than four times per calendar year.
All notices provided for must be given in writing and shall be transmitted by email to email@example.com