Managed Dedicated Server Service Level Agreement (SLA)

Agreement Overview

This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between Buzinessware FZCO ("Buzinessware", "Service Provider", "We" or "Us") and Customer ("Client", "Member", or "You") for the provisioning of Dedicated Servers and required support level to sustain the service.

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

This Agreement outlines the parameters of all IT services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

1. Goals & Objectives

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the Customer by the Service Provider.

The goal of this Agreement is to obtain agreement for IT service provision between the Service Provider and Customer.

The objectives of this Agreement are to:
- Provide clear reference to service ownership, accountability, roles and/or responsibilities.
- Present a clear, concise and measurable description of service provision to the customer.
- Match perceptions of expected service provision with actual service support & delivery.

2. Stakeholders

The following represent the primary stakeholders associated with this SLA:
- IT Service Provider: Buzinessware FZCO ("Service Provider")
- IT Customer: Customer ("Client", "You")

3. Periodic Review

This Agreement is valid from the Effective Date ("Date of Payment") outlined herein and is valid until further notice. This Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current Agreement will remain in effect.

The Business Development Manager ("Document Owner") is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided agreement is obtained from the primary stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals as required.

Review Period: Yearly (12 months)

4. Service Agreement

The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement.

4.1. Service Commitments
4.1.1. Network Availability & Downtime
Buzinessware Servers are physically commissioned in Tier III datacenters in Dubai, UAE. Datacenters are maintained N +1 redundancy for Power, Cooling and Network. Buzinessware provides at least one Network Port to the Dedicated Server which provides access to the Internet. Buzinessware guarantees 99.9% network connectivity uptime on this port. This excludes periods of Scheduled Maintenance, hardware failure on the Dedicated Server itself, or any loss of service through the action or inaction by or on behalf of the customer. Buzinessware cannot guarantee that any part of the Internet will be available outside of Buzinessware's own network.
4.1.2. Service Availability Guarantee for the Supply of Power
a. Buzinessware will supply at least one power port to the Dedicated Server. Buzinessware guarantees this power will be available 100% of the time.
b. The Service Availability Guarantee for the Supply of Power does not cover Service Outage due to fault where the responsibility is due to Customer actions or omissions
c. The Service Availability Guarantee for the Supply of Power does not cover power problems resulting from a failure of the power supply unit in the Dedicated Server itself (see Hardware Guarantee)
4.1.3. Hardware Guarantee
a. Performance Buzinessware guarantees that the hardware components in the Dedicated Server (Processor, RAM, HDD or SSD, Motherboard, NIC card and Power supply) will perform normally for the period of The Agreement except during maintenance windows if any.
b. Response to Failure In the event of a failure of any hardware component of the Dedicated Server, Buzinessware will make all reasonable efforts to provide and install replacement parts within four to six hours (4-6) of having been notified of the fault by the Customer.
c. Exceptions Under no circumstances will Buzinessware be liable for the loss of the customer's data, either because of hardware failure or any other cause. Neither will Buzinessware be responsible for transferring data from one Dedicated Server to another in the case where a new Dedicated Server has been offered to rectify a fault.
4.1.4. Delivery Guarantee
Once payment has been received, Buzinessware guarantee to provision your dedicated server within 7 - 15(Seven to Fifteen) working days.
4.1.5. Monthly uptime percentage and credits
All calculations are based on effective uptime%. Therefore, scheduled maintenance and reboots after patching/kernel upgrade will not be considered as downtime. Service Credits are calculated as a percentage of the total charges paid by you.

Uptime % Credit
Less than 99.9% but equal to or greater than 98.0% 2.5%
Less than 98.0% but equal to or greater than 95.0% 5.0%
Less than 95.0% but equal to or greater than 90.0% 7.5%
Less than 90.0% but equal to or greater than 85.0% 10.0%
Less than 85.0% 1 Month Free

4.1.6. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a ticket to billing department by login to control panel (https://cp.buzinessware.com). To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred.

Ticket must include:
i. Subject line should be "SLA Credit Request".
ii. Date and times of incident/outage.
iii. Details of affected instance/server

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

4.2. Customer Requirements
Customer responsibilities and/or requirements in support of this Agreement include:
- Payment for all invoices at the agreed interval.
- Reasonable availability of customer representative(s) when resolving a service related incident or request.

4.3. Service Provider Requirements
Service Provider responsibilities and/or requirements in support of this Agreement include:
- Meeting response times associated with service related incidents.
- Appropriate notification to Customer for all scheduled maintenance.

4.4. Service Assumptions
Assumptions related to in-scope services and/or components include changes to services will be communicated and documented to all stakeholders.

4.5. Restrictions
Customers hereby agree that they will not use or install unlicensed or illegitimate third-party software in conjunction with your dedicated server.

5. Service Management

Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.

5.1. Support Availability & Plans
5.1.1. Default Support Plan

Servers provided to customer are not managed by Buzinessware FZCO by default. BUZINESS SUPPORT plan is associated with all servers. Scope of Support provided by buzinessware are defined as per the support plan selected by you. Customer may refer below link to know the scope under the support plan opted by him/her.

https://www.buzinessware.com/support-plans

 

5.2. Service Requests

In support of services outlined in this Agreement, the Service Provider will respond to service related incidents and/or requests submitted by the Customer based on the Support Plan subscribed.

6. Data Security

6.1. Backup:
It is sole responsibility of customer to maintain backup.

Buzinessware does not
(i) maintain historical back-up copies for point in time data recovery.
OR
(ii) guarantee that backups will be made. Buzinessware strongly urges our customers to back-up their Data (including all files and folders) themselves or to subscribe Cloud Backup Service.

6.2. Data Retention:
Buzinessware will not be responsible for retaining any of Your Data after termination of customer's account. customer's data may be deleted promptly after termination of their cloud server as well as from backups. Buzinessware will not restore, provide on any storage media or send out any Data pertaining to terminated Accounts, unless specifically noted in a customized service agreement. It is customer's responsibility to back-up and migrate their data prior to termination of account or any other action which can lead to deletion of any of data from the servers.

7. Operating System:
Buzinessware provision dedicated server ready-to-go with customer's chosen OS installed, updated and security hardened. We will monitor and maintain your server (host) 24/7/365 ensuring it is always online. Buzinessware will not be responsible for any corruption of Operating System after provisioning.

8. Server & Application Security:
8.1. It is sole responsibility of customer to maintain security of the dedicated server provisioned by Buzinessware.
8.2. Buzinessware do not keep password or any security credentials of customer's Dedicated Server unless managed support plan opted.
8.3. Customer should maintain security of passwords and other credentials.
8.4. Buzinessware is not responsible for any breach or compromise of dedicated server due to lack of security.
8.5. Buzinessware is not responsible for any vulnerability in dedicated Server due to third party applications installed by customer or his representatives.
8.6. It is sole responsibility of customer to maintain security of any application installed by them and to keep up to date and stable versions.

9. Maintenance:
9.1. Scheduled Maintenance.
To maintain performance and security of the Services, Buzinessware performs scheduled maintenance within its published maintenance windows. This may require specific Services to be suspended during the maintenance period. Loss of Service Availability due to scheduled maintenance will not be included in the calculation of Service Availability. Buzinessware will use commercially reasonable efforts to notify customer in advance of any scheduled maintenance that may adversely affect use of the Services.
9.2. Emergency Maintenance.
In certain circumstances, Buzinessware may need to perform emergency maintenance such as security events or for security patches installation or hardware replacement. Buzinessware will not be able to provide advanced notice to customer in case of emergency maintenance. Loss of Service Availability due to emergency maintenance will be excluded from calculations for Service Availability. The determination that an event is an emergency will be made at Buzinessware's sole discretion.

10. SLA Exclusions
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
i. that result from a suspension due to violation of Terms of Service (https://www.buzinessware.com/terms-of-service.html).
ii. occurred due to factors outside our reasonable control (for example: natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center)
iii. that result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices
iv. that result from your equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within our direct control)
v. caused by your use of an obsolete Service even after we advised you to modify/upgrade.
vi. that result from faulty input, instructions, or arguments (for example, requests to access files that do not exist)

 

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