a. “AUP” means Sanity LLC’s standard acceptable usage policy, as in effect and listed on Sanity LLC’s website from time to time and subject to all changes, modifications and replacements as Sanity LLC may effect in accordance with the Terms of Service and AUP.
b. “Order Form” means Sanity LLC’s standard service exhibit, service addendum or order form, specifying the products and services purchase by Customer, as in effect from time to time.
c. “Products and Services” means those products and services offered by Sanity LLC to its general customer base, in each case as purchased by a Customer and set forth on an Order Form, but expressly excludes all products and services offered by Sanity LLC’s managed hosting division and expressly marketed as managed hosting services.
e. “Scheduled Maintenance” means all maintenance services for which Sanity LLC gives Customer at least five (5) days prior notice of such maintenance services via Sanity LLC’s outage mailing list maintained on Sanity LLC’s customer portal.
f. “Service Credit” means a credit, calculated in accordance with this SLA, issued by Sanity LLC to the Customer in respect of products and services contracted for, but not delivered by Sanity LLC in accordance with the Agreement due to a Qualified Network Downtime Event.
g. “Terms of Service” means either (i) Sanity LLC’s standard terms of service as in effect and listed on Sanity LLC’s website as of the date of Customer’s purchase of Products and Services or (ii) solely to the extent Sanity LLC and Customer have separately negotiated written terms of service different from those referred to in clause (i), Sanity LLC’s standard terms of service which incorporate such other written terms of service, duly executed and delivered by each party; in each case, as amended from time to time.
h. “Sanity LLC” means Sanity LLC, a Florida limited liability corporation, together with its successors and assigns.
i. “Sanity LLC Network” means the portion internal computer network owned or operated on behalf of Sanity LLC that extends from the outbound port on a Customer’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.
2. 100% Sanity LLC Network Availability Assurance: Sanity LLC assures Customer 100% uptime availability of Sanity LLC Network covered by this SLA. Subject to Section 3 below, in the event that Sanity LLC fails to provide Customer with the Products and Services purchased by Customer in accordance with the Agreement and such failure results from the complete unavailability of Sanity LLC Network or the failure of Sanity LLC Network to pass Customer’s TCP/IP traffic with less than three percent (3%) packet loss and less than 30ms latency across Sanity LLC Network (other than as specified below, each such event, a “Qualified Network Downtime Event”), Sanity LLC will issue Customer a Service Credit calculated as follows.
a. A Qualified Network Downtime Event shall start upon Customer’s submission of a written trouble ticket specifying that a Qualified Network Downtime Event has occurred and the details associated with such Qualified Network Downtime Event. All such trouble tickets must be submitted by Customer through Sanity LLC’s customer portal or through Sanity LLC’s technical support department. Upon the passage of five (5) continuous minutes of a Qualified Network Downtime Event, the Service Credit shall equal five percent (5%) of the monthly fees payable by Customer in respect of such Products and Services for the month in which such Qualified Network Downtime Event occurred and thereafter during the pendency of such unavailability, the Service Credit shall increase by an additional five percent (5%) for each continuous thirty (30) minutes of a Qualified Network Downtime Event up to a maximum of one hundred percent (100%) of monthly fees payable by Customer in respect of such Products and Services for the month in which such Qualified Network Downtime Event occurred.
b. All Service Credits are calculated by Sanity LLC on a “per-event-basis” each calendar month and in no event will downtime or unavailability be cumulated during any monthly period for purposes of determining a Customer’s right to any Service Credit. The following events do not constitute a Qualified Network Downtime Event or qualify for any Service Credit under this SLA: (i) Scheduled Maintenance or (ii) Customer generated outages created by failed equipment, customer mis-configurations, exploited servers, or traffic in excess of the maximum allowed by contract. Service Credits are based directly on all equipment and/or services affected by a Qualified Network Downtime Event. Products, services or hardware not related to a Qualified Network Downtime Event do not qualify for a Service Credit. Redundant Internet connectivity is measured as traffic routing into and out of a Customer’s equipment through Sanity LLC Network out to internet backbone carriers and does not include third party carrier latency or peering issues not utilized by Sanity LLC.
3. Service Credits: Service Credits do not constitute a refund in respect of any product or service and may not be carried forward to future months, paid for or exchanged for cash or other monetary consideration or value. Service Credits are not available (i) in respect of any outage or event associated with Scheduled Maintenance or arising from any denial of service attack, virus, hacking attempts or any other circumstances or events that are not within the control of Sanity LLC, including any Force Majeure Event, (ii) to any Customer that is more than thirty (30) days past due on any amount owing to Sanity LLC or any Customer that has breached the Agreement or (iii) in respect of any products or services contracted for with Sanity LLC that expressly exclude technical support or such Service Credits. Valid approved Service Credits will appear as a credit for products and services and be applied against the amounts owing in respect of such products and services on the next billable invoice following the month in which occurred the Qualified Network Downtime Event giving rise to such Service Credit. In order for a Customer to qualify for a Service Credit, the Customer must (A) have purchased and paid for Products and Services, (B) utilize redundant input network drops running Hot Swap Router Protocol (HSRP) in its equipment and (C) submit a request for a Service Credit, as applicable, in writing via Sanity LLC’s customer portal to email@example.com, within three (3) days from the date of event giving rise the requested Service Credit and in accordance with the terms of this SLA. Failure to request a Service Credit in accordance with the terms of this SLA will result in an automatic waiver of any rights to such Service Credit under this SLA in respect of the event giving rise to such Service Credit. Notwithstanding anything in the Agreement to the contrary, the maximum total Service Credit for any calendar month, including all refunds, guarantees, warranties and other service level agreements Customer may have with Sanity LLC, shall not exceed one hundred percent (100%) of Customer’s monthly recurring fee for Products and Services during such month.
4. Scheduled Maintenance: Customer hereby acknowledges that Sanity LLC may, from time to time, perform maintenance service on Sanity LLC Network, with or without notice to Customer, which may result in the unavailability of Sanity LLC Network. Downtime or unavailability resulting from Scheduled Maintenance shall not constitute a Qualified Network Downtime Event or qualify for any Service Credit. Customer must subscribe to Sanity LLC’s outage mailing list and provide accurate and timely information in Sanity LLC’s customer portal in order for Sanity LLC to notify Customer of all Scheduled Maintenance. Customer’s failure to subscribe to Sanity LLC’s outage mailing list or to provide accurate and timely information on Sanity LLC’s customer portal may result in the forfeiture of any Service Credit based on downtime or unavailability arising from Scheduled Maintenance for which Customer did not receive timely notice. Emergency maintenance and maintenance for which Sanity LLC has not given Customer notice in accordance with this SLA shall not be deemed Scheduled Maintenance for purposes of this SLA.