Hosting Services – Virtual Service Agreement

 

This Hosting Services – Virtual Service Agreement (“Service Agreement”) sets forth the specific terms and conditions under which Heroes of Technology LLC. (“Heroes of Technology”) shall supply certain Services to Customer. The Master Service Agreement entered between Heroes of Technology and Customer fully incorporates the terms herein and provides that this Service Agreement, and Customer’s execution of the Master Service Agreement constitutes acceptance of the terms and conditions stated herein. Capitalized terms used but not defined herein shall have the meanings set forth in the Master Service Agreement. The Initial Term length for this Service is set forth on the applicable Purchase Agreement, executed by Heroes of Technology and Customer, referring to this Service.

 

1.0       Terminology

Authorized Contact: “Authorized Contact” is a representative authorized by Customer to request service changes using procedure outlined herein.

Code Word: “Code Word” refers to a secure password known only to Authorized Customer point of contacts and representatives of Heroes of Technology.

Customer: “Customer” is party Heroes of Technology is entering Service agreement with.

Data: “Data” refers to any Customer specific content residing on or traversing through the platform providing Service such as Email, backup data, configuration files, Customer owned content or files which are held as part of Service to Customer.

Data Center: “Data Center” refers to the physical space within a facility used for hosting of customer equipment.

Data Infrastructure: “Data Infrastructure” refers to the Ethernet Switching, Wide Area networking and Internet components available in the Data Center. All access to the Data Infrastructure is contracted separately and use of such is not implicitly or expressly provided by this Service.

Equipment: “Equipment” refers to all physical gear used or required to deliver Service.

Server: “Server” refers to the Computer being provided as part of Service.

Service: “Service” refers to the systems, equipment and interfaces used to provide the Virtual Hosting Service to Users. The use of Service in this document is specific to the service outlined in this document. Use of the term Service in any other Heroes of Technology documentation in no way supersedes the definitions of Service outlined herein.

Users: “Users” refers to the any person authorized by Customer to utilize Service.

2.0       Service Description

2.1       General

Heroes of Technology will provide Virtual Server(s) including platform, hardware configuration, operating system software (“OS”), and quantity as selected by Customer. Heroes of Technology will procure such Virtual Server(s), install the selected OS, and configure the network interface card(s) (“NIC”) with an Internet Protocol (“IP”) address accessible within the Heroes of Technology Network and the general Internet. Heroes of Technology will place such Virtual Server(s) in Heroes of Technology datacenter facilities and make available for IP network access via the Heroes of Technology Network and the general Internet. Heroes of Technology will be responsible for management and maintenance of the Virtual Server(s) hardware.

Heroes of Technology includes Basic Managed Computer Support with this product at no additional charge. The terms of service provided with this service include:

  • Basic ICMP and IP port monitoring
  • Remote hands support

Heroes of Technology maintains a Portal System for the management of Virtual Servers. Heroes of Technology will make Portal access available to Customer.

2.2       Levels

Service will be made available to Customer via the following base offering:

Base VM (Tier 1)

  • 1 VM based on Hyper-V licensure
  • 1 vCPU
  • 5 GB vRAM
  • 50 GB Active Storage

Base VM (Tier 2)

  • 1 VM based on Hyper-V licensure
  • 2 vCPU
  • 0 GB vRAM
  • 100 GB Active Storage

Base VM (Tier 3)

  • 1 VM based on Hyper-V licensure
  • 4 vCPU
  • 0 GB vRAM
  • 200 GB Active Storage

Base VM (Tier 4)

  • 1 VM based on Hyper-V licensure
  • 8 vCPU
  • 0 GB vRAM
  • 400 GB Active Storage

2.3       Availability

For this section alone “Availability” shall be defined as ability of Heroes of Technology to fulfill initial order for Service. Once Service has progressed past installation phase and has been delivered to Customer as a working Service this section shall no longer apply.

The availability of Service is dependent on available space, power, hardware and available network connectivity within a given data center. Heroes of Technology reserves the right to limit availability of Service to new customer or expansion of existing customers based on availability of space, power, hardware, or network connectivity.

Heroes of Technology also reserves the right to limit service availability in the event that necessary service components including, but not limited to, electrical power, cooling capacity, cabling, rack space, switching/routing/network infrastructure, application software, etc. are either unavailable or unattainable at a reasonable cost to Heroes of Technology.

2.4       Delivery

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2.5       Features

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2.6       Moves, Adds and Changes

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2.7       Exceptions

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3.0       Service Options

The following options may be added to Customer Service. Description of Service options herein in no way entitles Customer to feature. Options described below may have additional cost associated with them.

3.1       Virtual Server Upgrades

Heroes of Technology offers hardware upgrades for a monthly fee of the following types:

  • vCPU
  • RAM

3.2       Managed Computer Support – Premium

Heroes of Technology offers upgraded server management for a monthly fee. Upgraded server management includes:

  • Advanced SNMP or WMI-based monitoring
  • Advanced operating system installation support
  • Operating system and application post-installation support
  • Operating system and application patching

3.3       Microsoft SPLA Licensure

Heroes of Technology resells selected Microsoft OS and application software licensure under the SPLA Agreement. This software is available at a monthly fee for Virtual Server customers.

3.4       Managed Backup and Recovery

Heroes of Technology offers a Managed Backup and Recovery service to Virtual Server Customers. Heroes of Technology recommends utilizing this Service for backing up Virtual Servers. See the Managed Backup and Recovery Service Description document for additional information.

3.5       Hosted Storage

3.5.1     NAS

Heroes of Technology maintains network-attached NAS storage for Customer use on all Virtual Servers. RAID attached storage is available in 1GB increments on a network attached storage array at an additional cost and is accessible via file sharing protocol. Storage is presented via virtual SCSI driver to virtual machine.

3.5.2     SAN

Heroes of Technology maintains fiber-attached SAN storage for Customer use on all Virtual Servers. RAID6 and RAID10 fiber-attached storage is available in 1GB increments on a fiber-channel storage arrays at an additional cost and is accessible via FC or FCoE. Storage is presented via virtual SCSI driver to virtual machine.

3.6       Firewall Services

Heroes of Technology offers a Managed Security product that includes a variety of firewalls. Virtual Server customers are required to maintain a firewall in front of the Virtual Server. See the Managed Security Service Agreement for more information.

3.7       DNS

Heroes of Technology operates a geographically redundant DNS platform for Customer use. Heroes of Technology will assist in the registration or modification and migration of domain registration records to Heroes of Technology Primary and Secondary Domain Name servers. Heroes of Technology will provide Primary and Secondary hosting of such DNS records.

3.8       Load Balancing

Heroes of Technology offers a Load Balancing Service. This service tracks network sessions and server availability in real time, directing each session to the most appropriate server. This service is available for additional monthly fees on a per real server basis. A real server is defined as each distinct IP configured in the load balancing devices and designated as a valid destination for sessions.

3.9       E-mail Services

Heroes of Technology offers a variety of e-mail services as separate products.

3.10     Internet Bandwidth

Bandwidth for internet traffic is available for Virtual Server customers. This service is typically offered on a “per GB” basis. See the Business Internet Service Agreement for additional information.

3.11     Additional Data Center and Network requirements

At times, Virtual Server customers require additional infrastructure for their Virtual Servers. These may include, but are not limited to, Ethernet ports, fiber ports, cross- connects, cabling, IP Addresses and special network configurations. These may or may not be available depending on circumstances and there may be additional costs associated for these items.

4.0       Service Delivery

4.1       General

It is Customer’s responsibility to ensure that all Users’ computers are able to connect to Service and are configured properly. This includes but is not limited to Ethernet switches, Ethernet cabling, workstations, Customer-owned servers and operating systems. Heroes of Technology will ensure that each Virtual Server is connected properly to the Heroes of Technology network.

4.2       Installation

Upon procurement of the Service, Heroes of Technology will provision one or more of the following for the Virtual Server product as required:

  • Web-based management access
  • Network Infrastructure
    • vNICs (up to 2 included at no cost)
    • VLANs (up to 3 per Customer included at no cost)
    • Subnets (up to /26 included at no cost)
    • Routing (1 VRF per Customer included at no cost)

Additional quantity of units above may be available at additional cost. Where units are defined as “per Customer” the sum of units allocated though all other Heroes of Technology services shall count toward total.

Heroes of Technology will install the base OS for Virtual Servers. Basic Installation fees will be included for SPLA Licensure purchased through Heroes of Technology and for select open source

Linux distributions. Heroes of Technology will provide media and license keys as necessary for these OS installations.  Additional OS configuration may be billable.

Customer-owned or GPL licensure may be used on Heroes of Technology Virtual Servers, but Heroes of Technology provides no guarantee for functionality on Heroes of Technology owned Servers for said OS software. Customer is responsible for providing all media and license key information to Heroes of Technology prior to the OS installation for these servers. All installation and consulting time relating to non-Heroes of Technology OS Software will be billable.

Once the OS installation is complete, Heroes of Technology staff will configure the Virtual Server’s networking components, setup a basic administrative user account and make the server available to the Customer. Once the Customer has verified that the Server is available and functioning properly, the Service will be considered active and billing will commence. Administration and patching of the OS is the responsibility of the Customer after Service Activation.

Standard installation timeframe for Service is defined elsewhere in this Service Agreement.

Installation expedites are available with this Service. Installation expedite requests will be subject to current expedite fees. Expedite requests will also be subject to a pass through of any and all fees billed to Heroes of Technology by other vendors in the support of the expedite request.

Expedite requests are serviced in a best effort manner. Heroes of Technology does not warrant or represent that Service installation expedites will actually expedite delivery of Service. Customer shall be subject to any and all expedite fees regardless of the outcome of the expedite request.

If additional configuration work is required due to limitations of the Customer systems, including but not limited to servers, workstations or network, then Heroes of Technology reserves the right to bill customer at current hourly rates for additional configuration time.

Except as otherwise defined within this agreement Heroes of Technology is NOT responsible for and will not be obligated to provide any assistance in configuration, installation, administration, troubleshooting, maintenance, or repair of equipment or software, or integration of equipment or software into Customer’s internal network. Such services may be available at additional cost.

Customer shall be responsible for any travel expenses incurred by Heroes of Technology in the course of providing onsite installation service.

4.3       Installation Options

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4.4       Cabling

Heroes of Technology maintains any physical network cabling required to support Virtual Server Service. Heroes of Technology reserves the right to limit any cabling requests from Customer. If non-standard cabling is allowed, additional charges may apply to accommodate such cabling.

Heroes of Technology reserves the right to bill Customer at current market rates for any cabling required to support Service. Heroes of Technology reserves the right to use outside cabling contractors to perform this cabling work.

4.5       Service Upgrades & Modifications

Heroes of Technology may use other methods to provide Customer with equivalent Service. Heroes of Technology reserves the right to replace Customer Service with equivalent or upgraded Service at any time during contract duration. Heroes of Technology will make an effort to coordinate any such Service change with the Customer prior to such change. If Heroes of Technology is unable to coordinate an acceptable time for a Service change with the Customer Heroes of Technology reserves the right to make such a Service change during a Scheduled Maintenance window.

4.6       Service Termination

Heroes of Technology makes no guarantee of Service availability beyond the termination date.

Heroes of Technology shall not be responsible for retaining any of your Data after termination date of Service. Your Data may be deleted on the day of Service termination. Heroes of Technology will not restore, provide on any storage media or send out any Data pertaining to terminated Service, unless specifically noted in a customized service agreement. It is Customer’s responsibility to back-up and migrate Data prior to termination of Service.

5.0       Equipment

5.1       Equipment Requirements

Heroes of Technology will determine and provide appropriate Equipment for Service based on contract.

Customer will be provisioned on a piece of Equipment dedicated only to Customer. Heroes of Technology reserves the right to consider “virtual Equipment” the same as a dedicated piece of Equipment if such “virtual Equipment” provides all of the security benefits that a dedicated piece of Equipment would.

5.2       Equipment Procurement

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5.3       Equipment Configuration

Customer is responsible for all Equipment configuration changes not specifically outlined herein. Customer is responsible for any Equipment modifications necessary at Customer Premise to accommodate Service outlined herein.

5.4       Equipment Lifecycle

Heroes of Technology is responsible for the maintenance and replacement of the Equipment used to provide Service. This is not inclusive of Customer owned gear.

6.0       Service Support

6.1       Authorized Contacts

Heroes of Technology provides reliable and secure managed services by requiring technical support and information requests come only from documented, authorized client-organization contacts. Additionally, in compliance with federally regulated CPNI (Customer Proprietary Network Information) rules, a customer contacting Heroes of Technology to request an add, move, or change and/or to request information on their account, must provide Heroes of Technology representative with customer’s Code Word. Code Word is not required or verified to open trouble tickets related to service issues, however, any subsequent information/updates or authorization of intrusive testing related to the trouble ticket will require the Code Word.

Customer shall provide a “contact list” which will contain one (“1”) Administrative contact and may contain up to three (“3”) Technical contacts per service. Administrative and Technical contacts are authorized to request service changes or information, including the contact name, contact e-mail address and contact phone number for each contact but must provide customer Code Word for any CPNI related requests. Requests to change a contact on the list or to change the Code Word must be submitted by the Administrative contact. Requests to replace the Administrative contact shall be submitted via fax to Heroes of Technology on customer company letterhead. All requests are verified per procedure below.

  • Requests for CPNI, configuration information or changes are accepted only from documented, authorized client-organization contacts via e-mail, fax or phone and will require Customer’s Code Word. E-mail and fax requests must be submitted without the Code Word. Customer contact will be called to verify Code Word. E- mail requests that include the Code Word will be denied and the client Administrative Contact will be notified and required to change the Code Word.
  • E-mail and fax requests are verified with a phone call to the documented client contact. Phone call requests must be validated with an e-mail request from a documented client contact.

6.2       Helpdesk

Customers must contact Heroes of Technology Support to report service trouble or an outage with Heroes of Technology Technical Support. Heroes of Technology Technical Support will be available seven (7) days per week; twenty-four (24) hours per day; three hundred sixty-five days (365) days per year. Heroes of Technology Technical Support provides support for Virtual Servers, network monitoring, trouble ticket resolution and fault isolation up to the termination Equipment.

Heroes of Technology Technical Support will accept trouble and outage related support calls from any customer representative. Heroes of Technology will not perform any requested activity which may cause Service disruption or perform any changes to Service unless request is initiated by an Authorized Contact. Heroes of Technology reserves the right to delay response on support tickets opened by anyone other than the Authorized Contact.

Communication between Customer and Heroes of Technology not initiated by Authorized Contact will not be subject to SLA remedies.

All communications with Customer will be in the English language.

6.3       Support Limitations

Heroes of Technology Technical Support is not responsible for end-user support of issues not directly related to Service. This includes (but is not limited to) Customer operating systems, Customer equipment, or Customer application support.

6.4       Monitoring

At Customer’s request, Heroes of Technology will provide basic monitoring of Service availability. Availability monitoring and reporting may require Internet Control Message Protocol (“ICMP”) and/or Simple Network Management Protocol (“SNMP”) access to Equipment from a Heroes of Technology designated IP and/or IP subnet. Heroes of Technology will provide e-mail notification of Service availability issues. Heroes of Technology will provide 24 x 7 responses to Customer or NOC initiated alarms for Service availability issues.

6.5       Notifications

If requested by Customer Heroes of Technology will notify Customer within fifteen (30) minutes of a Service outage via e-mail (to pager) notification Services. An outage is defined as any fifteen (30) consecutive minutes where the Service is unavailable. Customer is responsible for providing their own pager(s), a suitable e-mail-pager gateway, and up to two (2) corresponding e-mail addresses.

6.6       Maintenance

Customer is responsible for maintaining and updating Authorized Contact list with Heroes of Technology. Heroes of Technology will not be held responsible for maintenance notifications missed due to out-of-date Authorized Contact information.

6.6.1     Scheduled Maintenance

Maintenance window for disruptive work to Service will be limited 12:00 A.M. to 4:00 A.M., Eastern Standard Time (EST), any day with requirement of one (1) calendar week notification to Customer prior to maintenance.

Heroes of Technology will send an e-mail notification of such disruptive maintenance to Service to Authorized Contacts of Customer. Once notification is sent to Customer this will be considered a “Scheduled Maintenance”. Any Service SLAs will NOT apply during a Scheduled Maintenance.

6.6.2     Emergency Maintenance

Heroes of Technology reserves the right to perform emergency Service maintenance as needed outside the Scheduled Maintenance window, in which case Heroes of Technology will make a reasonable effort to notify the Customer if feasible under the circumstances. Any such maintenance will be considered an “Emergency Maintenance”. All Service SLAs will apply during Emergency Maintenance.

6.7       Managed Backup and Recovery

Unless Customer has contracted for Managed Backup and Recovery Service Heroes of Technology makes no warranty or representation of any data backup with this Service.

6.8       Changes

Heroes of Technology reserves the right to bill Customer for Service changes or reconfigurations requested by Customer that exceed the scope of the managed Service or for Service changes that Heroes of Technology must undertake due to changes initiated by the Customer such as, but not limited to:

  • Customer initiated request to move Heroes of Technology equipment to a different physical location
  • Customer request to configure Service for their benefit and not specifically tied to delivery of Heroes of Technology service. For example:
    • Turning up a port for customer managed gear
    • Activating a feature or function not required to deliver Service
    • Enhancing or extending Service for the sole benefit of Customer

7.0       Billing

7.1       Service Activation Date

Billing for the Service Component will begin on the Service Activation Date, as specified below, for the specific Service type.

The Service Activation Date is the date on which Service is activated for Customer by Heroes of Technology. The Service Activation Date may or may not correspond to the date Customer first uses Service.

7.2       Service Billing

Tier 1 VM $125.00 per VM per Month

Tier 2 VM $250.00 per VM per Month

Tier 3 VM $500.00 per VM per Month

Tier 4 VM $750.00 per VM per Month

 

Additional Professional Support To Manage Servers

Less than 2 Hours response time $250.00 per Month

Less than 1 Hour response time $900.00 per Month

 

Customer only requires the following:

2 x Tier 1 VM = $250.00/month

1 x Tier 2 VM = $250.00/month

Monthly Recurring Charge of $500.00

7.3       Additional Charges and Fees

7.3.1     Field Technician Charge (FTC)

The FTC is the charge incurred for each dispatch of a Heroes of Technology technician to support Service installation or trouble. This fee shall be calculated based on the current hourly rates and shall be rounded up to the nearest full hour. This fee may be waived at Heroes of Technology’s sole discretion for Customers of managed Services if the root cause for the dispatch is determined to be the responsibility of Heroes of Technology.

7.3.2     Missed Appointment Fee

Customer or its authorized representative must be available at the Customer location for the scheduled installation appointment date to grant the Service tech access or to accept delivery of the Equipment, or to work with installation technician to turn up the service. If no one is available, the Service tech will attempt to contact Customer for minimum of an additional fifteen (15) minutes before re-scheduling the appointment.

Re-scheduling such missed appointment will incur a Missed Appointment Fee at the current applicable rate. 48-hour notice is required for all appointment re- scheduling.

7.3.3     Travel

Customer shall be responsible for travel expenses incurred by Heroes of Technology during activation or support of Service as follows:

  • For Customer locations in the domestic US between 30 and 100 miles from nearest Heroes of Technology office:
    • Travel time at hourly rates (office-to-office) for any vehicular travel outside a 30-mile radius from nearest Heroes of Technology office.
  • For Customer locations in the domestic US greater than 100 miles from the nearest Heroes of Technology office:
    • All provisions of travel to Customer locations within 100-mile radius of nearest Heroes of Technology office;
    • Airplane, bus or train tickets at Heroes of Technology cost;
    • Rental car, gas and parking at Heroes of Technology cost;
    • Per diem allowance of $40/day (food); and
    • Hotel/lodging at Heroes of Technology cost.
  • Other Customer locations require signed agreement between Heroes of Technology and Customer.

7.3.4     Minimum Retention Period – Moves

In the event Customer terminates the Service before the expiration of the contracted period, due to a move, then Customer shall pay the termination charges in accordance with the Customer’s Service Agreement. Heroes of Technology will waive the termination charges, if Customer purchases another Service from Heroes of Technology at a new location, which is of the same or greater value and subscribes to a new minimum contracted period of at least twelve (12) months. Additional Equipment charges may apply depending on the type of the new Service that is being purchased by Customer. If service is not available at new location, customer is subject to termination charges per the Master Service Agreement.

8.0       Customer Requirements

Customer will be required to maintain complex passwords for their User accounts where applicable. For any such passwords Heroes of Technology will provide a secure URL that any User can access to change passwords. All User passwords are set to a ninety (90) day password expiration schedule by default.

Heroes of Technology is not responsible for unexpected use of Services whether by ex-employees, compromised User passwords or any other misuse of Customer accounts. Customer shall be responsible for all costs incurred by such unexpected use of Service.

Customer shall be fully responsible for providing to Heroes of Technology at Customer’s own expense and in a timely manner the following:

  • All security for its Services and systems used or accessible about Service;
  • Maintenance of the User accounts on the Virtual Server, including secure passwords;
  • Testing of all Customer-owned hardware, software, and Services for compatibility with Service;
  • Designating an Authorized Contact(s) to be the point of contact to interface with Heroes of Technology Technical Support;
  • Security of the OS and Applications installed on the Virtual Server(s); and
  • Patching of the OS and Applications installed on the Virtual Server(s).

9.0       Service Conditions

Customer acknowledges that in the event of a service issue, Customer is responsible for on-site cooperative testing with Heroes of Technology Technical Support to assist in the diagnosis of the trouble.

Customer agrees to be bound to current terms of Heroes of Technology Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Current Acceptable Use Policy can be found here: https://www.HeroesofTechnology.com/legal

10.0    Service Level Agreements and Goals

10.1     General

Heroes of Technology will be the sole party to determine whether Heroes of Technology has not met any of the Service Level Agreements (SLA) or Service Goals specified herein. Heroes of Technology reserves the right to change or discontinue any or all of the SLAs or Service Goals detailed below at any time without notice to the Customer.

10.1.1  SLAs

Service Level Agreements (or SLAs) define availability, performance and other requirements of Service provisioning and delivery. Remedies for Heroes of Technology not meeting the requirements are also defined. Customer must at all times cooperate with Heroes of Technology in testing, determining and verifying that a qualifying Service outage has occurred.

10.1.2   Goals

Goals define availability, performance and other objectives of Service provisioning and delivery. Goals do not include remedies and failure to meet any Service Goal does not entitle Customer to a Service credit.

10.2     SLA Credit Request Process and Limitations

In order to receive any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify Heroes of Technology Technical Support of an occurrence within the Heroes of Technology Service that results in the inability of the Customer to access Service (“Service Outage”). A Service Outage does not include an outage that occurs during Scheduled Maintenance.

Heroes of Technology Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once Heroes of Technology determines that the substantiated Service Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”), then Customer may request a Service Credit within 30 days after the event giving rise to the credit by contacting Heroes of Technology Technical Support and asking for an SLA credit escalation. A Verifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service purchased by Customer. Credits should appear on Customer’s bill for the Service within two (2) billing cycles, after such SLA credit has been approved by the Heroes of Technology representative.

In any calendar year, Customer’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected Service. In any billing month SLA credits, may not exceed, for any Service, fifty (50) percent of the monthly Service fee for the affected Service.

For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excluding, in all cases, (i) any monthly recurring fees for the Service features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding the monthly recurring charge attributable to Equipment for such Service.

Credits are exclusive of any applicable taxes or fees charged to the Customer or collected by Heroes of Technology. SLAs dependent on packet size require use of a 64-byte packet to determine SLA eligibility.

10.3     SLA Exclusions

10.3.1   Global SLA Exclusions

SLAs do not apply and Heroes of Technology is not responsible for failure to meet an SLA resulting from:

  • Misconduct of Customer or Users of Service.
  • Failure or deficient performance of power, Equipment, Services or systems not provided by Heroes of Technology.
  • Delay caused or requested by Customer.
  • Service interruptions, deficiencies, degradations or delays due to any access lines, cabling or equipment provided by third parties.
  • Service interruptions, deficiencies, degradations or delays during any period in which Heroes of Technology or its representatives are not afforded access to the premises where access lines associated with Service are terminated or Heroes of Technology Equipment is located.
  • Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order.
  • Customer’s election to not release a Service Component for testing and/or repair and to continue using the Service Component.
  • Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror, acts of civil or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond Heroes of Technology’s control, whether or not similar to the foregoing.
  • Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or rearrangement purposes by Customer staff.
  • Service interruptions, deficiencies, degradations or delays in Service caused by any piece of equipment, configuration, routing event or technology not under the management and control of Heroes of Technology.
  • Failure to adhere to Heroes of Technology recommended configurations on unmanaged equipment. In addition, Service SLAs do not apply:
  • If Customer is entitled to other available credits, compensation or remedies under Customer’s Service Agreement for the same Service interruption, deficiency, degradation or delay.
  • For Service interruptions, deficiencies, degradations or delays not reported by Customer to Heroes of Technology.
  • Where Customer reports an SLA failure, but Heroes of Technology does not find any SLA failure
  • When Service is dependent upon other Service with lower SLA.
  • If Customer has over 30 day past due balance on any billing or service with Heroes of Technology.
  • After date of Service contract termination.

If Customer elects to use another provider or method to restore Service during the period of interruption, Customer must pay the charges for the alternative Service used.

10.3.2   Service SLA Exclusions

None yet identified.

10.4     Availability SLAs and Goals

“Availability” SLAs apply only when service is completely unavailable due to any sort of issue. After Customer opens a ticket on Service Issue Heroes of Technology Technical Support will classify   the issue. If Heroes of Technology Technical Support determines that Customer service is 100% unavailable, the issue will be categorized as a “Service Availability” issue and all SLA remedies applicable to Service Availability will apply. Any SLA remedies not specifically defined as “Service Availability” SLAs will not apply to same “Service Availability” issue.

10.4.1   Availability SLA

For purpose of the Availability SLA, the duration of a Service Outage shall be deemed to commence upon the opening of a Verifiable Trouble Ticket by Heroes of Technology Technical Support, in response to the Customer request, and ends when the Service Outage ends. Trouble tickets, where the Service Outage cannot be verified with Heroes of Technology’s standard diagnostic procedures, do not count towards the Availability SLA.

SLA Remedy
99.98% availability Each 30 minutes’ service is unavailable above SLA goal qualifies the Customer for a credit of 5% of MRC up to a maximum of 50% of MRR for affected service.

 

10.4.2   Service Repair Goal

For purpose of the Service Repair Goal, the duration of a Service Outage shall be deemed to commence upon the determination by Heroes of Technology Technical Support that Service Repair is necessary and ends when the Service Repair has been completed.

Heroes of Technology will make all reasonable efforts to resolve problems resulting from Customer initiated trouble tickets for this Service based on the Goal below.

Goal Remedy
4 hours Failure to meet the goal does not qualify the Customer for any Service credit.

 

10.5     Performance SLAs and Goals

There are no Performance SLAs or Goals with this Service.

10.6     Other SLAs and Goals

“Other” SLAs apply whenever SLA goal has not been met. “Other” SLA credits will qualify for consideration even when “Service Availability” or “Service Performance” SLA credits are requested against the same Customer issue.

10.6.1   Standard Service Installation Interval Goal

The Standard Service Installation Interval is measured from the date on which the Customer contract is countersigned by Heroes of Technology to the Service Activation Date as defined in Section 7.1.

Goal Remedy
45 days Failure to meet the goal does not qualify the Customer for any Service credit.

 

10.6.2   Monitoring Goal

The Monitoring Goal is measured from the time an outage is detected by Heroes of Technology monitoring systems until such outage is reported to customer by the Heroes of Technology notification method. The goal is considered met once the Heroes of Technology monitoring system sends a notification to the customer. Receipt of the notification by the customer or lack of receipt will not be considered to be part of goal.

Goal Remedy
30 minutes Failure to meet the goal does not qualify the Customer for any Service credit.

 

10.6.3   Remote Hands Goal

For purpose of the Remote Hands Goal, the duration of a Service Outage shall be deemed to commence upon the initial request for Remote Hands service by Customer and ends when the Remote Hands service has been initiated by Heroes of Technology.

Goal Remedy
4 hours Failure to meet the goal does not qualify the Customer for any Service credit.