Subject to the terms and conditions of the Tyfoon Services Agreement (the “Agreement”) to which this Service Level Agreement (“SLA”) is connected, Tyfoon will provide Customer with a level of service consistent with the principles expressed below. To the extent that Tyfoon does not provide the Services at the levels set forth in this SLA, and Customer is in compliance with all terms and conditions of the Agreement, Tyfoon will credit Customer’s account in an amount as provided in this SLA, reflecting percentages of the monthly Fees for the affected Services (each an “SLA Credit”).
“Core Networking Equipment” means equipment owned or operated by Tyfoon, used to provide the Services, including but not limited to servers, switches and routers, as well as any customer equipment that customer has specifically contracted with Tyfoon to manage.
“Downtime” is defined as failure of Core Networking Equipment, and such failure being verifiable by documentation provided by Customer. However, “Downtime” does not include any of the following:
- Scheduled Maintenance or Emergency Maintenance (as defined below).
- Outages not reported, or falsely reported.
- Problems with the Customer’s internet connectivity or problems with other internet providers’ connectivity outside of Tyfoon’s control.
- Issues with e-mail or webmail connectivity.
- Issues with access arising from technologies not under Tyfoon control, including FTP, POP, IMAP, or SMTP.
- Problems with Customer’s or any Third Party’s hardware, software, or access to the internet, including, but not limited to, Third Party DNS issues.
- Use of the Services by any person: (a) in violation of applicable law, (b) in breach of this Agreement (including the Tyfoon Community Policies), (c) in conjunction with custom scripting or coding (e.g., CGI, Perl,
- HTML, ASP, Ruby, PHP, Python, etc.), or (d) by means of any negligent act or omission.
- Unavailability of the Services due to Customer’s suspension or termination in accordance with the Agreement.
- Issues relating to Customer Data.
- System administration, commands, or file transfers performed by Customer.
- Any force majeure event under the Agreement.
- Any Act of God or Act of Government
- Problems caused by Customer’s use of the Services or any Customer End User’s use of the Customer Offering after Tyfoon advised Customer or any Customer End User to modify such use, if Customer or any
- Customer End User did not modify its use as advised.
“Emergency Maintenance” means those instances in which Tyfoon or its Third Party service providers:
(a) identify situations which, in Tyfoon’s reasonable discretion, have threatened or may threaten the integrity of the Services or the systems used to provide the Services, and
(b) take reasonably necessary measures designed to prevent the situation from progressing into unavailability of the Services, or to otherwise resolve the situation.
“Outage End Time” is the time at which Tyfoon restores the Services to be back online and accessible.
“Outage Start Time” is the time at which documentation provided by Customer and confirmed by Tyfoon shows the Services are experiencing Downtime.
“Scheduled Maintenance” is that amount of time in which Tyfoon or its Third Party service providers:
(a) perform updates and upgrades, enhancements and routine maintenance activities that are announced through tyfoon.co at least 24 hours advance notice, and
(b) perform Emergency Maintenance, upon reasonable notice in the circumstances provided through tyfoon.co or via electronic communications directed to Customer.
“Uptime” refers to all time during the term of the Agreement except Downtime. Uptime will be calculated in reference to the number of minutes in each calendar month, measured by Tyfoon’s internal monitoring systems. For the purpose of the SLA, outages are measured in full minutes and will be rounded, as appropriate, up or down to the nearest full minute (i.e., for portions of minutes less than or equal to thirty seconds, the minute measurement will be rounded down, and for portions of minutes greater than or equal to thirty one seconds, the minute measurement will be rounded up).
Service Level Commitment
Tyfoon seeks to provide 95% network Uptime, as measured by measured by Tyfoon’s internal monitoring systems, for each calendar month during the term of the Agreement. Subject to the terms and conditions of this SLA, Tyfoon will provide to Customer an SLA Credit of 5% of the Fees for the affected Service for each entire 30 minutes of Downtime in a calendar month.
- Daily: 1h 12m 0s
- Weekly: 8h 24m 0s
- Monthly: 1d 12h 31m 27s
- Quarterly: 4d 13h 34m 21s
- Yearly: 18d 6h 17m 27s
For the purpose of calculating Downtime, all times will be rounded, as appropriate, up or down to the nearest full minute (i.e., for portions of minutes less than thirty seconds, the minute measurement will be rounded down, and for portions of minutes greater than thirty seconds, the minute measurement will be rounded up).
Uptime is calculated by dividing the number of minutes of network and power related Downtime, as calculated above, and dividing into it the total number of minutes in the calendar month and then subtracting the product from 100%.
General Terms Applicable to This SLA
Requesting and Receiving SLA Credits. Tyfoon will have no obligation to issue any SLA Credit unless requested to do so by Customer in accordance with the terms and conditions of this SLA. Customer must submit all requests for SLA Credit by sending an email message to [email protected]. Each e-mail request must include, as applicable, the service, product and domain affected in the “Subject” line, and the body of the email must contain a written itemized description of the issue, the affected Service(s), and date and time (with time zone) of the incident. This itemization must be in sufficient detail for Tyfoon to identify the issue and must be received by Tyfoon within twenty-four (24) hours after the incident. Approved SLA Credits will be applied within two billing cycles after Tyfoon’s receipt of a valid request.
Limits on SLA Credit. The SLA Credits to Customer in a particular month under this SLA will not exceed the total amount of Fees paid by Customer for such month for the affected Services. To be eligible for any SLA Credits, Customer must not be in default of any provision of the Agreement, including but not limited to the payment of Fees. Additionally, in the event that Tyfoon recommends to Customer certain hardware, software or other configurations or technologies in order to meet Customer’s then-current specifications, and Customer declines to adopt such recommendation, SLA Credits will not be available for any Downtime that would not have occurred had the recommendation been implemented. Credits are available only toward future payment of Fees and will not be applied to past due balances. SLA Credits will not be applied to any applicable taxes charged to Customer or collected by Tyfoon and are Customer’s sole and exclusive remedy with respect to any failure by Tyfoon to provide the Services. SLA Credit will not be applied to any portion of the Fees allocable to the payment of software licensing or other fees payable by Tyfoon to any Third Party, such fees being due from Customer notwithstanding any instance that would give rise to SLA Credit under this SLA.
Affected Services Only. SLA Credits are calculated only for the impacted portion of the Services (e.g., the exact server(s), cloud instances or tickets that experienced the issue). SLA Credits will not be calculated against the Fees for an entire account unless all portions of the Services under that account are impacted.
Additional Documentation and Limitations. Tyfoon may require, in its sole discretion, and as a condition for the issuance of SLA Credits, that Customer provide documentation that reasonably supports and demonstrates all actual losses sustained by Customer due to a violation by Tyfoon of this SLA. Customer agrees that in the event its actual direct losses do not exceed the value of SLA Credits to which Customer may be entitled under this Agreement, Tyfoon may, at its option, provide credit to Customer in the amount of Customer’s actual direct losses caused by violation of this SLA.
Eligibility Not Cumulative. Customer’s eligibility to receive SLA Credits is not cumulative, but is limited to one SLA Credit per incident. By way of example, if there is more than one cause for an incident of Downtime, Customer will be eligible for only one SLA Credit, corresponding to the length of time of the incident (not two SLA Credits). Tyfoon will apply SLA Credits based on the predominant issue with the problem, as determined in Tyfoon’s reasonable discretion, and will issue the larger of two credits should two equally important issues occur in the same incident.
Minimum Credits. Customer must accrue a minimum amount of $5.00 in SLA Credits before Tyfoon will apply such credits. All SLA Credits will be tracked with Customer’s account, and Tyfoon will apply the SLA Credit when the above-stated minimum is met. No SLA Credits will be applied to any terminated Customer account.
Maximum Credits. Customer’s maximum combined SLA Credits for any calendar month for any affected Services shall not exceed the total amount that Customer was charged for those affected Services during the applicable calendar month.