Service Level Agreement

 

Latency Commitment

VELOCITY MARKETER commits to provide an average monthly roundtrip delay of 100 milliseconds or less within VELOCITY MARKETER’s network in North America. Any Customer who experiences average latency in excess of 100 milliseconds for any calendar month may request a two-day Service Credit. Any Customer who experiences average latency in excess of 100 milliseconds in each of two consecutive calendar months may request a seven-day Service Credit.

Network Availability Commitment

VELOCITY MARKETER commits to provide 99.5% availability each month for your connection within VELOCITY MARKETER’s network in North America. Any Customer who experiences availability of the network connection of below 99.5% in any calendar month may request a one-day Service Credit for each whole hour of unavailability in such month in excess of the above minimum commitment. Any customer who experiences availability of the network connection of below 99.5% in 3 or more calendar months in a 12-month period, may request to terminate services with no Termination Liabilities.

 

Service Credit Specifications

In the event VELOCITY MARKETER fails to achieve any Service Level Commitment, at your request, VELOCITY MARKETER will credit your account in accordance with the applicable remedy set forth above in connection with such Service Level Commitment and subject to the following:

To be eligible for a Service Credit, you must report the commitment failure to VELOCITY MARKETER within five (5) days of its occurrence (via telephone at   61-0…  or via e-mail notification to billing@VELOCITY MARKETER), and you must have notified VELOCITY MARKETER of any service-affecting conditions at the time of such failure and have provided VELOCITY MARKETER with all other information reasonably requested in furtherance of troubleshooting the reported issue.

All requests for Service Credits for validly reported commitment failures must be delivered in writing to VELOCITY MARKETER, A Service of DGInnovations Australia at 14 Oslo Cres. Hackham West South Australia 5163: Customer Service Dept./Service Credits. Requests must identify the Service Level Commitment at issue, include the trouble ticket number assigned to Customer’s report, and include such other information as VELOCITY MARKETER may have reasonably requested to assist it in verifying the request. VELOCITY MARKETER may reject any Service Credit request that does not provide sufficient supporting information to allow VELOCITY MARKETER to verify the claim. All requests for Service Credits will be subject to confirmation by VELOCITY MARKETER, and will be applied by VELOCITY MARKETER as soon as possible to a subsequent recurring invoice following approval. VELOCITY MARKETER shall promptly notify Customer of its resolution of the reported event. Customer must claim any applicable Service Credits by the 15th day of the month following the month in which the reported incident was resolved.

Service Credits are calculated based on the contracted monthly rate for the affected circuit, prorated by the number of days of credit provided as the remedy for the applicable Service Level Commitment, based on a 30-day month (e.g., a one-day Service Credit means the Customer will receive as a credit an amount equal to 1/30 of the applicable recurring monthly charge for the affected service). The maximum Service Credit to be granted for all failures within a given month shall not exceed 1/3 (one-third) of the monthly recurring fees charged by VELOCITY MARKETER for the given service for the month in which the given Service Credit is claimed. Any excess credits will not carry over into later invoices. Remedies available hereunder shall only be payable in the form of a Service Credit to Customer’s account. VELOCITY MARKETER shall have no obligation to pay cash to Customer to fulfill any earned Service Credit.

If any event triggers a breach of two or more Service Level Commitments, Customer shall only receive a Service Credit equal to the highest applicable Service Credit being requested in connection with the breached Service Level Commitments.

Customer shall be ineligible for a Service Credit hereunder if Customer is not in financial good standing with VELOCITY MARKETER (i.e., current on all billings) at the time of the request.

The remedies set forth herein for each Service Level Commitment shall be the exclusive remedy available to Customer for VELOCITY MARKETER’s failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by VELOCITY MARKETER that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and VELOCITY MARKETER shall not be liable for any damages of any nature or amount as a result of any failure to achieve any Service Level Commitment, other than the permitted Service Credits authorized and described hereunder.

 

Exclusions

This SLA applies to all Hosting services and related equipment only. VELOCITY MARKETER will not be responsible for, and Service Credits will not be issued in connection with, any failure by VELOCITY MARKETER to meet a Service Level Commitment by reason of any of the following:

Any Customer act or omission, including without limitation any negligence, willful misconduct or misuse of any service or equipment, which impairs VELOCITY MARKETER’s ability to provide service.

Scheduled maintenance on the VELOCITY MARKETER Hosting network.

Failure on the part of Customer to timely report the incident and open a trouble ticket in accordance with this SLA.

VELOCITY MARKETER may modify the Service Level Commitments and your remedy for the failure by VELOCITY MARKETER to meet any Service Level Commitment at any time. Such modifications shall be deemed effective immediately upon either posting of the modified SLA on the VELOCITY MARKETER web site.