This page covers our Service Level Agreement (SLA) legal agreement for our Gold service management package. Currently there are no Service Level Agreement for any of our other services.
HollyRidge Computer & Web Services has created this Service Level Agreement (SLA) for the site NCManage.com. This document was issued effective the twelfth day of March of two thousand three. Use of NCManage.com Service's constitutes acceptance and agreement to the Acceptable Use Policy, Terms of Service, Service Level Agreement, and Privacy Statement.
Definitions and Terminology within this Agreement
Company: HollyRidge Computer & Web Services and/or NCManage.com
We: Same as Company
Us: Same as Company
Our: Anything belonging to the company
Subscriber: Any person or company using our services
Customer: Any person or company using a subscriber's services
AUP: Acceptable Use Policy
TOS: Terms of Service
SLA: Service Level Agreement
PS: Privacy Statement
Our Policies: AUP, TOS, SLA, PS
Response Time: Time frame from report to time we start work on a resolution
Resolution Time: Time frame from report to time of resolution or answer
Critical Issue: Server completely down, Apache down, or Mail down
Major Issue: Other services are down but still have access to Apache & Mail
Minor Issue: Any other issues not considered critical or major
Response Time to Critical Issues
Critical Issues are handled as quickly as possible. Response times normally range from 15 minutes to 3 hours.
Response Time to Major Issues
Major Issues are handled as quickly as possible however Critical Issues get first priority. Response times normally range from 1 hour to 6 hours.
Response Time to Minor Issues
Minor Issues are handled on a case by case basis. Response times normally range from 1 hour to 2 business days.
Appropriate Access Rights
We require full administrative access (super user, root, administrator, database, control panel, etc.) to the servers in order to provide server management. We must also be authorized to contact the data center responsible for hardware maintenance and technical support on your behalf. Without these rights we can not provide high quality services.
Availability of Access
We are not responsible for internet latency or reliability with regards to having access to the servers being managed. If in the case of a geographical condition such as denial service attack, virus, high data traffic, etc where our staff can not access the server, services can not be rendered and we cannot be held responsible for action or inaction related to contracted services.
Applications
We can only be held accountable for the basic services on your server and applications that we are notified of and agree to manage. For example, if you were to install, add, or upgrade a new service to your server and not make arrangements with us, we cannot be held responsible for that service's monitoring, upgrades, or uptime.
All applications must be in working order at the time we are contracted in order for those applications to either be managed or otherwise count towards the downtime provision in the SLA for applications due to actions or inactions taken by our staff.
Compensation Availability
Compensation is only available to clients with current, active, contracts with no outstanding, non-disputed, bills
Compensation Application
Compensation will be applied based on the current month's invoice.
Compensation for items covered by the SLA will be applied to the grand total of the grand total of the following month's invoice.
All compensation amounts from the SLA items will be applied after all other discounts, credits, refunds, etc are applied.
Compensations for SLA items are cumulative unless otherwise noted.
Item Compensation
Failure to respond to a critical issue within the guaranteed response time, 20% of the monthly invoice for each 3 hour block, not to exceed current monthly invoice.
Failure to respond to a major issue within the guaranteed response time, 10% of the monthly invoice for each 6 hour block, not to exceed current monthly invoice.
Failure to respond to a minor issue within the guaranteed response time, 5% of the monthly invoice for each 2 day block, not to exceed current monthly invoice.
Compensation for System Downtime caused by NCManage.com Staff
10% of the current monthly invoice for each block of 60 contiguous minutes of downtime, not to exceed current monthly invoice.
Compensation Limits
We will not compensate more than fees paid or invoices generated. We will never provide more than 100% credit of the current monthly invoice.
Compensation Requests
Any compensation request must be requested with 72 hours of the event in question along with a brief description and time the incident occurred. All request must be made in writing by email or postal mail. In the event of request made by postal mail the postmark will be considered the time of notification.
Response Time vs. Resolution Time
It is critical to understand that response time and resolution time are separate and distinct the majority of the time.
Response time is the time it takes to return contact to you and start working on the resolution.
Resolution time is the date and time a given problem is resolved or question answered.
Because of the potential for 3rd parties and unknown situations, We cannot provide a guaranteed resolution time when dealing with critical events or down systems.
System Downtime
An internet based system is mainly composed of hardware, software, and connectivity. We are only responsible for software-level (operating system and application software) operation of the servers we are contracted to manage. We cannot be held accountable for system downtime caused by 3rd parties including the clients. We also can not be held accountable for system downtime caused by hardware failures or connectivity issues.
System Downtime caused by NCManage.com Staff
Although this should never happen, We will take responsibility for any downtime caused directly or indirectly by the actions or in-actions of our staff. We will also take all reasonable actions to assist the customer in restoring their server to an online state, if such a situation were to occur.
Statement of Indemnity
By submission of payment and data, client shall release, indemnify, and hold harmless NCManage.com and HollyRidge Computer and Web Services, its agents and employees from and against any and all claims, lawsuits, damages or liability of any kind which might arise from work performed by us under the terms of this SLA.
Billing Policies and Procedures
All bills are due on or before the monthly anniversary date. All billing questions or problems should be reported to our Billing Department.
Contract Term
Contract term is on a month by month basis and will renew automatically, unless termination of service notice is received at least 10 days prior to the monthly anniversary billing date. All account cancellation request must be made in writing within at least 10 days prior to the anniversary billing date. If you wish to cancel your account you may do it by email or by postal mail to the address at the bottom of this page. You must provide us with your account details for us to cancel your services for security purposes.
Changes to Our Policies
We reserve the right to amend or make changes to our policies at any time as deemed necessary at our sole discretion. We will make our best attempt to notify you of any such changes in advance if possible. All sub-networks, resellers and managed servers of our company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients and/or customers in the matter described on these terms and conditions.
Contact / Questions
If you have any questions about our SLA, please contact us at your convenience. You can contact us by email at our SLA Department or at...
HollyRidge Computer & Web Services NCManage.com Division 107 Argyle Court Garner, NC 27529 USA Attn: SLA Department
