Service Level Agreement

NetAccess Systems Inc. (est. 1993) offers an exceptional level of performance, reliability, and service. We are proud to specify our commitments to our customers in the form of this Service Level Agreement (SLA). The NetAccess SLA provides certain rights and remedies regarding the performance of the NetAccess network. The NetAccess SLA guarantees the reliability and performance of our network and equipment. This SLA applies to customers of NetAccess' web hosting, co-location, e-commerce, dial-up access, and dedicated high-speed connection services.

Environment

NetAccess provides a modern computer room facility to ensure maximum availability of its services.

1. Servers located in an access-controlled computer room
2. Climate controlled environment for maximum hardware reliability
3. Full weekly backups and daily incremental backups are done
4. APC Symmetra UPS (Uninterruptible Power Supply)
5. Natural Gas Generator
6. 24x7 monitoring of server hardware
7. Brand name servers (Compaq Proliant)
8. RAID 5 configuration for servers
9. Windows and UNIX Operating Systems with support contracts
10. Ongoing monitoring of performance and tuning
11. Constant virus monitoring of all servers

Uptime Guarantee:

NetAccess strives to exceed a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by NetAccess monitoring systems or NetAccess authorized/contracted outside monitoring services. If NetAccess fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. NetAccess does not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, NetAccess may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Connectivity:

Our goal is to make the NetAccess network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a NetAccess service failure for more than 15 consecutive minutes, excluding service failures relating to NetAccess scheduled maintenance and upgrades. The NetAccess network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. NetAccess' goal is to keep Average Round-Trip Latency on the NetAccess network to 85 milliseconds or less. NetAccess defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the NetAccess network and major Canadian and US backbone peering points during such month, as measured by NetAccess. NetAccess' goal is to keep Average Packet Loss on the NetAccess network to 1% or less. NetAccess defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the NetAccess network during such month that are not successfully delivered, as measured by NetAccess.

Measurement:

NetAccess will periodically (on average every 10 minutes) monitor NetAccess network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s Internet connection, and that such measurements constitute measurements across the NetAccess network but not other networks to which Client may connect. NetAccess reserves the right t operiodically change the measurement points and methodologies it uses without notice to Client.

Hardware Failure:

NetAccess stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. NetAccess utilizes name brand hardware (Cisco, Lucent, Compaq, etc.) of the highest quality and perfomance. NetAccess will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current NetAccess contracts with Cisco and backbone providers in regard to the emergency repair service in case of such an issue.

Credits:

Credit requests in connection with network/server outages/downtime must be received by NetAccess within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by NetAccess within five days after the end of such month. The total amount credited to a Client for NetAccess not meeting SLA service levels will not exceed the service fees paid by Client to NetAccess for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after NetAccess receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by NetAccess. Upon Client’s request (in accordance with the procedure set forth below), NetAccess will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to NetAccess and confirmed by NetAccess' measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded t onearest hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the NetAccess network for a calendar month exceeds 85 milliseconds, then upon Client's request, NetAccess will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, NetAccess will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the NetAccess network caused by or associated with:

1. Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (e.g., fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
2. Telco Failure (e.g., A Bell or FibreWired line being cut somewhere)
3. Backbone peering point issues (e.g., Bell having a core router go down in Toronto that wipes out Internet service for the entire province)
4. Scheduled maintenance for hardware/software upgrades
5. Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). NetAccess utilizes only name brand hardware of the highest quality and performance.
6. Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
7. DNS issues not within the direct control of NetAccess
8. Network floods, hacks, attacks from outside parties or individuals
9. Failure or error of any NetAccess monitoring or measurement system
10. Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of NetAccess service(s) in breach of NetAccess Policy and Service Guidelines (AUP), by Client or others authorized by Client.

General:

NetAccess reserves the right to change or modify this SLA to benefit the Client, and will post changes to the location currently housing this SLA at time of modification. Except as set forth in this SLA, NetAccess makes no claims regarding the availability or performance of the NetAccess network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.