Managed Hosting SLA

Managed Hosting SLA

1. SERVICES

ITC will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed to by Client.

1.1 Definitions

“Data” means all data submitted by Client to ITC in connection with the Services, including all content, material, IP and similar addresses, recordings, messages, and software.

“Dedicated Hardware” means the processor(s), memory, storage and other hardware directly allocated to the Client in the Service.

“Managed Hosting Fees” means the fees for the Dedicated Hardware for the calendar month in which the failure occurred.

“Data Center Network” means the portion of the ITC cloud network extending from the network egress point of Client’s Cloud Server Host to the outbound port of the data center border router.

“Scheduled Maintenance” means maintenance of which we notify Client by email at least 10 business days in advance, and that does not exceed 60 minutes in any calendar month.

2. SERVICE AVAILABILITY

ITC will use commercially reasonable efforts to provide the following Service Availability measured on a calendar-month basis (each, a “Goal”):

Network Availability: 99.99%

Backup Host Availability: 99.99%

ITC does not make a representation or warranty as to Service Availability for Backup Client Data that is not managed by ITC under a ITC management plan, or hosted in a ITC or ITC partner data center. Client’s sole remedy for such Service Availability that does not comply with Section 1.3 is cancellation of this SLA.

2.1. “Service Availability” means:

With respect to “Network Availability”, the Monthly Uptime Percentage excluding Scheduled Maintenance and Exclusions during any calendar month

With respect to “Dedicated Hardware”, the functioning of all processor(s), memory, storage and other hardware that we specifically guaranty during any calendar month, as such Dedicated Hardware may be amended from time to time throughout the term of this SLA.

2.2. Exclusions

Loss of Service Availability caused by any of the following (each, an “Exclusion”) will be excluded from Service Availability calculations: (i) issues beyond ITC’s reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet availability, Client’s portion of the network, IP transit provider issues, SYN attacks, and other similar events or any Force Majeure event, or (ii) other issues addressed in this SLA.

2.3. Availability Calculations

To calculate Service Availability, ITC uses a combination of methods, including analyzing logs from both ITC’s event monitoring system and the actual affected infrastructure components and matching these findings with client reports to determine the actual timeframe. Any loss of Service Availability less than five minutes in duration will not be included in the calculation of Service Availability.

3. SERVICE AVAILABILITY CREDIT

If Service Availability measured for any completed calendar month is below the Goal, ITC will issue a credit (“Service Availability Credit”). We will verify Service Availability Credits for validity and they will be subject to the other conditions in this SLA. The Service Availability Credit will be calculated as follows:

Service Availability

99.0% to 99.99%

98.0% to 98.99%

95.0% to 97.99%

94.99% or below limit

Amount of the refund as a percentage of monthly fee for affected Service

5% of monthly fee credited

10% of monthly fee credited

15% of monthly fee credited

2.5% credited for every 1% of lost availability up to the maximum total penalty

3.1. Service Availability Credit Request and Payment Procedures

To request a Service Availability Credit, (a) Client must be in good standing with ITC, (b) Client must open a technical support ticket by emailing help@ITC.com reporting an apparent Service interruption within 72 hours of the event, and (c) Client must send an email or written Service Availability Credit request to billing@ITC.com in the calendar month immediately following the month for which Client is requesting a Service Availability Credit. Service Availability Credit requests must include Client’s name or ITC account number and the dates and specific times for which Client is requesting Service Availability Credits.

ITC will compare information provided by Client to the data referenced in Section 2.3 above. A Service Availability Credit will be issued only if ITC confirms from such data that a Service Availability Credit is available. ITC will calculate the Service Availability Credit based on the type of particular Service for which Service Availability did not meet the Goal, the fees for the particular Service and the percentage of overall individual Service affected.

The limits and sole remedies regarding Service Availability Credits total credits under this SLA are set forth in Section 3.

3.2. Limits On Service Availability Credit & Sole And Exclusive Remedies

The total Service Availability Credit due to Client for any Cloud Server affected may not exceed 50% of the monthly fees charged for use of any Cloud Server during the month for which the Service Availability Credit is to be issued. Only one Service Availability Credit is available in any given calendar month.

Notwithstanding anything set forth in the Agreement or this SLA, the Service Availability Credit described in this Section 3 is Client’s sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by ITC of the Agreement or this SLA.

Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.

4. TECHNICAL SUPPORT

ITC will use commercially reasonable efforts to assist Client, through Client’s authorized contacts, with setting up and configuring the Services, having access to the Services and other issues related to the Services. We may rely on contacts authorized by Client in writing in providing information, changes or technical support pursuant to the Agreement and are not required to respond to requests from others. For more information, visit the technical support page of ITC’s website. ITC’s technical support response time depends on the complexity of the inquiry and support request volume.

5. MANAGEMENT

5.1 Account Management Tools

Through Client authorized contacts, Client may manage Client’s Service with ITC’s online management tools. ITC will not be required to perform for Client any task that can be done through the control panels.

5.2 Custom Configuration

Requests for modification to the standard configuration of the Services will be considered on a case-by-case basis. Approval of such modifications will be at ITC’s sole discretion. ITC does not guarantee any particular result from non-standard configurations nor can it be held liable in any way for Service performance changes or failures which result from non-standard configurations.

5.3 Additional Services

For tasks that cannot be performed through the administrative control panel, Client may request that ITC perform professional services on a time and materials basis. The request must include a detailed description of work and the authorized amount of time, in half hour increments, to perform the work. ITC may evaluate and revise the request (including the estimated number of hours to perform the work) and reserves the right, in its sole discretion, to decline any request. ITC will use commercially reasonable efforts to perform requested additional services. However, it does not guarantee any particular result from performance of additional services or make any representations or warranties regarding such additional services nor can it be held liable in any way (including for any credits) for Service performance changes or failures that result from performing tasks requested by Client. ITC may require a separate agreement for any of these additional services.

6. MAINTENANCE

6.1. Scheduled Maintenance

In order to maintain performance, ITC performs Scheduled Maintenance within its published maintenance windows. This may require that specific Services be suspended during the maintenance period. Loss of Service Availability due to Scheduled Maintenance is not deducted in calculating Service Availability. ITC will use commercially reasonable efforts to notify Client in advance of any Scheduled Maintenance that may adversely affect Client’s use of the Services.

6.2. Emergency Maintenance

ITC may need to perform emergency maintenance, including security patch installation and hardware replacement. ITC will not be able to provide Client with advance notice of emergency maintenance. Loss of Service Availability due to emergency maintenance is not deducted in calculating Service Availability.

7. STORAGE CAPACITY; DATA TRANSFER; SERVER RESOURCES

Each Managed Hosting is allotted dedicated storage capacity according to the Services and related options purchased by Client. This storage size can be increased through the online management tools for no additional charge but only up to the maximum amount allowed for the Services and related options. The Dedicated Hardware may stop accepting, processing or delivering Data when the purchased limit is reached causing a loss of Service Availability or Data loss. ITC will not be responsible for such loss of Service Availability or Data losses, and such loss of Service Availability is not deducted in calculating Service Availability.

8. CERTAIN LIMITATIONS

8.1 Anti-Virus Checking

ITC does not provide anti-virus checking on any Dedicated Hardware started and configured by Client or the end users. Client is solely responsible for protecting all the self-configured servers and users that interact with the servers.

8.2 DATA RETENTION

Backups for Dedicated Hardware are available if additional back-up services were purchased. ITC will not be responsible for retaining any of Client’s Data after termination of Services. Client’s Data may be deleted promptly after Client’s Service is terminated and from backups during scheduled backup rotation.

ITC will not restore, provide on any storage media or send out any Data pertaining to terminated Services, unless specifically noted in a customized service agreement.

It is Client’s responsibility to back-up and migrate Client’s Data prior to termination of Client’s Service or any other action that can lead to deletion of any of Client’s Data from the Services.

8.3. Compatibility

ITC does not guarantee compatibility of the Services with any specific customer configuration of hardware or software. Client is encouraged to discuss any technical and compatibility issues with our technical support personnel.