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Tech Logic's Service Level Agreement

Tech Logic Solutions Inc. is proud to offer an exceptional level of performance, reliability, and service. This is why we are making commitments to our clients in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Tech Logic Solutions network. The Tech Logic Solutions Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to clients of Tech Logic Solutions web hosting, resellers, dedicated servers, co-location and ecommerce services.

Uptime Guarantee

Tech Logic Solutions strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and it is calculated solely by Tech Logic Solutions monitoring systems or Tech Logic Solutions authorized/contracted outside monitoring services. If Tech Logic Solutions fails to meet it's 99.9% 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. Tech Logic Solutions will credit a full month's service. Details on how credit amounts are calculated can be found below.

Exceptions

Clients shall not receive any credits under this SLA in connection with any failure or deficiency of the Tech Logic Solutions network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie…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
Telco Failure (ie…Verizon™ cutting a fiber line somewhere)
Backbone peering point issues (ie…UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
Scheduled maintenance for hardware/software upgrades
DNS issues not within the direct control of Tech Logic Solutions
Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Tech Logic Solutions service(s) in breach of Tech Logic Solutions Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity

Tech Logic Solutions' goal is to make the Tech Logic Solutions network available to Client free of outages for 99.9% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a Tech Logic Solutions service failure for more than 15 consecutive minutes, excluding service failures relating to Tech Logic Solutions scheduled maintenance and upgrades. The Tech Logic Solutions network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Tech Logic Solutions goal is to keep Average Round-Trip Latency on the Tech Logic Solutions network to 85 milliseconds or less. Tech Logic Solutions defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the Tech Logic Solutions network and major US backbone peering points during such month, as measured by Tech Logic Solutions. Tech Logic Solutions goal is to keep Average Packet Loss on the Tech Logic Solutions network to 1% or less. Tech Logic Solutions defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the Tech Logic Solutions network during such month that are not successfully delivered, as measured by Tech Logic Solutions.

Measurement

Tech Logic Solutions will periodically (on average every 10 minutes) monitor Tech Logic Solutions network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the Tech Logic Solutions network but not other networks to which Client may connect. Tech Logic Solutions reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Tech Logic Solutions and made available to Client.

Hardware Failure

Tech Logic Solutions stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Tech Logic Solutions utilizes only name brand hardware of the highest quality and perfomance. Tech Logic Solutions will replace all faulty hardware affecting performance levels of equipment within 12 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 Tech Logic Solutions contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Tech Logic Solutions will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits

Credit requests must be made on the Tech Logic Solutions web site, by emailing to billing@techlogicsolutions.com (without the spaces that are in place to prevent spam). Each request in connection with network/server outages/downtime must be received by Tech Logic Solutions 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 Tech Logic Solutions within five days after the end of such month. The total amount credited to a Client for Tech Logic Solutions not meeting SLA service levels will not exceed the service fees paid by Client Tech Logic Solutions for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Tech Logic Solutions receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Tech Logic Solutions. Upon Client's request (in accordance with the procedure set forth below), Tech Logic Solutions will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Tech Logic Solutions and confirmed by Tech Logic Solutions' measurement reporting. Such credit will be equal to one MONTH's worth of service. If Average Round-Trip Latency on the Tech Logic Solutions network for a calendar month exceeds 85 milliseconds, then upon Client's request, Tech Logic Solutions will issue a credit to Client equal to one MONTH's worth of service. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, Tech Logic Solutions will issue a credit to Client equal to one MONTH's worth of service.

Account Cancellations

Your account can be cancelled ONLY by logging into your account and submitting a secure service cancellation form. Other methods of cancellation are not valid. Once the form is submitted your account can be cancelled as per your choice effective immediately or at the end of your billing period.

General

Tech Logic Solutions Inc. reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Tech Logic Solutions makes no claims regarding the availability or performance of the Tech Logic Solutions 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.

Contact Information

If you have any questions regarding these Terms of Use, please feel free to contact Tech Logic Solutions at info@techlogicsolutions.com.

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