Service Level Agreement

SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) between Data Network Architecture LLC (“DNA”), and the user (“Customer”) of DNA’s services (“Services”) sets forth the service level terms and conditions and is an integral part of the Agreement. This SLA defines the terms of Customer’s responsibility with respect to the Services that DNA provides and Customer’s remedies in the event that DNA fails to meet these Service Commitments. This SLA and the SLA Credits set forth herein represent DNAs sole obligation and Customer’s sole remedy for failure to meet such Service Commitments. This SLA does not apply to the availability of Third Party Services (TPS) which are subject to the TPS Agreements. The SLA is binding only on the Customer and DNA and does apply to any Third Parties, including Customer End Users.

  1. Definitions. The following are definitions of capitalized words used in this Agreement:
  2. “Agreement” The Customer’s use of and access to Services is governed by the Terms of Services (“TOS”), Service Level Agreement, Privacy Agreement, Acceptable Use Policy, any other documents referenced herein (collectively, the “Agreement”).
  3. “Business Hours” means 10:00 a.m. to 10:00 p.m. (Eastern Standard Time – EST), Monday through Friday, and, notwithstanding the foregoing, does not include times during Service Maintenance.
  4. “Service Maintenance” means DNA’s maintaining of the Service including software. Service Maintenance includes, without limitation, database index rebuilding, hardware upgrades, software upgrades, and network upgrades, as applicable.
  5. Service Availability.
  6. Service Availability – General. DNA’s goal is to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24×7 Availability”) EXCEPT during times of Service Maintenance as set forth in Section 2d herein. However, the parties recognize that 24×7 Availability is only a GOAL, and DNA cannot represent or guarantee that such goal can be achieved. As per our CLOUD SUPPORT POLICY (show below), response time goals cover predominantly Production Clouds and the Cloud Dashboard.
  7. Service Availability Level Goals. DNA shall use reasonable efforts to achieve the target Service Availability Goal of 99.99% network uptime except during scheduled Service Maintenance (“Service Commitment”). Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of DNA. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of DNA can and will occur, and such instances shall not be considered any failure of the 99.99% network uptime. Whilst Customer’s are free to monitor network uptime on their systems and other monitoring services, DNA proactively monitors network uptime and the results of these monitoring systems shall provide the sole and exclusive determination of network uptime.Y (show below), response time goals cover predominantly Production Clouds and the Cloud Dashboard.
  8. Response Time to Error. DNA has internal notification tools for Cloud service problems. Additionally, Customer may report problems to DNA Support. Once notified DNA Support will respond as per the CLOUD SUPPORT POLICY (show below). Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
  9. Service Maintenance.
  10. The parties agree that DNA shall provide Service Maintenance, which may cause errors as defined by the CLOUD SUPPORT POLICY (show below). DNA shall use commercially reasonable efforts to limit Service Maintenance, which causes Severity Level 1 Errors to two (2) hours per month. DNA shall notify named Customer contact by email prior to performing any Service Maintenance which DNA predicts will cause a Severity 1 Error outside of standard Service Maintenance Times.
  11. The Service Availability goals exclude any time Customer requests a Cloud be taken down for scheduled updates.

i. DNA shall attempt to schedule Service Maintenance during the times as specified in Table 1 – Service Maintenance Times. However, the parties agree that it may be necessary for DNA to perform Service Maintenance during times other than those specified in Table 1, and DNA reserves the right to perform Service Maintenance during times other than those specified in Table 1.

Table 1 – Service Maintenance Times

Service Maintenance Times (Day) Service Maintenance Times (Hours)
Monday to Friday 10pm to 4am (EST)
Saturday 12pm to 12 am (EST)
Sunday 12pm to 12 am (EST)
  1. Disclaimer of Actions Caused by and/or Under the Control of Third Parties. DNA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM DNA’s NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DNA WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DNA CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, DNA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
  2. Limitations. DNA cannot assume responsibility and shall not be liable for any impacts on Service Availability due to (i) any requests for non-standard environment or Customer machine access; (ii) any downtime caused by Customer produced code; or (iii) any changes to the Service by parties other than DNA. DNA will make reasonable efforts to ensure that Service changes do not affect customers.
  3. DNA reserves the right to change this SLA at any time, and without notice. You can view the current SLA at https://www.datanetarc.com/service-level-agreement
  4. Financial Penalties for SLA Violations
  5. In the event that DNA fails to meet the guarantee stated above (excluding Service Maintenance during the windows described in Section 2d and downtime caused by reasons described in Sections 2e or 2f), DNA will refund 5% of the Customer monthly service Fees for each thirty (60) minutes of network downtime experienced up to 100% of the monthly service Fee for those Services affected (“SLA Credits”).
  6. All SLA claims should be communicated via the DNA Dashboard or email to customer support within seven (7) days of the incident. The notice must include all relevant information, including Cloud name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.

ii. In order to qualify for Service Credits, Customer must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.

  1. No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by Customer , (ii) due to failure of any equipment or software provided by Customer, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which Customer is entitled to a SLA Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from Customer’s breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
  2. Total cumulative SLA Credits during any given month shall not exceed the Customer monthly fee for those Services affected.

CLOUD SUPPORT POLICY

Incident reports are handled via our DNA Customer Support System located at https://support.datanetarc.com/. This gives you access to all current and historical tickets on your account, both open and completed. We prioritize tickets by severity, and handle issues where a site is completely unavailable before tickets where a site is slow, and those before general questions about our service or general advice.

Shown below is a guide to the DNA Severity Levels. Note that the Ticket Response Goals specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved:

Severity Levels Explanation Ticket Response Goals
Level 1 – Emergency Production Cloud or the Cloud Dashboard is down, business operations severely impacted with no workaround; or a security issue. Within 30 minutes during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.

For Managed Cloud and Private Server Customers: guaranteed response within 1-hour if outside of business hours for monitoring-related alerts, or for tickets opened via the Ticket Escalation Form.

Level 2 – High Production Cloud or Cloud Dashboard is operational but significant disruption of business operations; no stable workaround. Within 1-hour during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.
Level 3 – Medium Issues causing moderate to low business disruption with a Production or Development Cloud or the Cloud Dashboard or any issue for which there is a stable workaround available. Within 2-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.
Level 4 – Low Production or Development Cloud is operational, as is the Cloud Dashboard; no significant disruption of business operations; issues with little time sensitivity such as general questions Within 4-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.

The goal of the Cloud Support Team is to provide specific support around the features and functionality of the Cloud platform. Our support team may review the implementation of software installed in a particular Cloud instance in an effort to diagnose problems, however, we cannot guarantee support for any installed software itself. We will do our best to help any subscriber with their issues to the best of our abilities.

Managed Cloud and Private server customers receive priority support, with responses for Level 1 and Level 2 tickets occurring 24×7, irrespective of business hours. If an issue needs to be handled with priority or as an emergency after business hours, these customers should use the Ticket Escalation Form as outlined in your onboarding email. Monitored sites for these customers should trigger a Level 1 ticket automatically for site outage incidents.

For any customer-specific communications about site issues, security issues, scalability issues, and similar, we will use the contact information we have on file for you.

Last updated: 2/1/2017