Global Service Level Agreement
Global Service Level Agreement
Last updated: August, 2024
The following provisions set forth the service levels (the “SLA”) that defines the criteria for ThinkOn’s Services and the credits available to Subscriber in the event such SLA’s are not met:
A. AVAILABILITY
Objective: During any calendar month, Services will be available 99.99% of the time.
Definition: ThinkOn’s Services will be “unavailable” if (i) ThinkOn’s service delivery infrastructure fails to respond to standard ICMP or SNMP requests issued by ThinkOn’s internal monitoring system, or (ii) such Services are identified as unavailable via phone call and in either case subsequent troubleshooting protocol provides confirmation of such unavailability.
Measurement: ThinkOn will proactively measure, without the requirement of Subscriber notification, the “unavailability” of Services from the time of such unavailability until the time responsiveness to standard ICMP or SNMP requests issued by ThinkOn’s internal monitoring system is restored.
Remedy: If Services are not available in accordance with the Objective, ThinkOn will issue a credit in an amount equal to 1/30th of the recurring base monthly fee paid by the affected Services for the then-current month for each half hour (or portion thereof rounded to the next half hour) of the cumulative duration of such unavailability during such month. In addition, ThinkOn shall provide a root cause analysis to identify the steps to rectify in the future. In no event will the aggregate amount credited under this SLA in any calendar month exceed the recurring base monthly fee paid to ThinkOn for such affected Services for such month.
B. NETWORK LATENCY
Objective: During any calendar month, the average round trip latency between any two agents within the ThinkOn IP network will not exceed 40 milliseconds.
Definition: Latency is defined as the round trip time it takes for a data packet to travel between two agents within the ThinkOn IP network. The term “Agents” refers to passive devices that are located in every facility containing ThinkOn service delivery infrastructure. Each Agent is placed on that facility’s network infrastructure to take measurements across such IP network.
Measurement: ThinkOn will proactively measure, without the requirement of Subscriber notification, latency based on polling by its network monitoring agents every minute and averaging latency of all monitoring samples during every 24-hour period.
Remedy: If average monthly latency is greater than the Objective above for any particular month, ThinkOn will issue a credit to Subscriber for such month in an amount equal to 1/30th of the recurring base monthly fee paid by Subscriber for the affected Service for such month for each 24-hour period affected. In no event will the aggregate amount credited to Subscriber under this SLA in any calendar month exceed the recurring base monthly fee paid by Subscriber for such affected Services for such month.
C. TIME TO INITIATE DATA RESTORATION FROM DATA PROTECTION SERVICES
Objective: During any calendar month, the data protection infrastructure will be available to initiate the restoration of any Subscriber requested data.
Definition: Data restoration means the ability to successfully initiate a restore within 60 minutes of restoration request. Restore initiation shall be identified as the time at which the first byte of Subscriber data is written to the restoration target.
Measurement: ThinkOn will measure success of data restoration initiation based upon reporting of the restoration request and initiation start times. ThinkOn uses software tools that identify and retain this information for reporting and performance measurement purposes.
Remedy: if the time to initiate a data restore exceeds 60 minutes then ThinkOn will issue a credit in the amount of 25% of the recurring base monthly fee paid by Subscriber for the data protection services. In no event will the total amount credited under this Service Level Agreement in any calendar month exceed the base monthly recurring fee paid for the Data Protection Services for such month.
D. SUPPORT AVAILABILITY
Objective –ThinkOn will respond to Subscriber’s requests for technical support with respect to ThinkOn’s Services according to the following severity levels of support situations:
Emergency Support – “Emergency Support” refers to situations when Services are unavailable (as defined in Section A – Availability. ThinkOn will respond by phone to all requests for Emergency Support within 15 minutes.
Urgent Support – “Urgent Support” refers to situations when Services are accessible but functioning improperly or at a degraded state of performance (e.g., time outs or slow response), as determined by ThinkOn. ThinkOn will respond to all requests for Urgent Support within one hour.
Standard Support – “Standard Support” refers to situations when Services is accessible and is functioning properly and optimally, but Subscriber requires information or assistance of some kind or desires to schedule maintenance. ThinkOn will respond to all requests for Standard Support within 24 hours.
Measurement – ThinkOn’s “Response Time” will be measured from the time an internal alarm records an incident or Subscriber call or chat formally opens an incident for the applicable support request to the time of attempted first contact with the Subscriber pursuant to defined escalation procedures.
Remedy – If during any calendar month, ThinkOn fails to respond in accordance with the applicable objective above for the particular support situation, upon Subscriber’s request, ThinkOn will issue a credit in the amount of CAD $100 for each such failure during such month. In no event will the aggregate amount credited to Subscriber under this SLA and any other SLAs covering the affected Services in any calendar month exceed the recurring base monthly fee paid for such affected Services for such month.
E. GENERAL SLA REMEDY PROVISIONS
The credits reflected herein shall be the sole remedy if ThinkOn fails to meet a defined objective during the term of affected Service Order. Subscriber is only eligible to receive an SLA credit for the primary or root cause SLA failure and only for the affected Services specifically identified in the remedy paragraph for such SLA; Subscriber is not eligible to receive a credit for any other SLA failure(s) that flow(s) from, is/are caused by or is/are otherwise related to or associated with the primary or root cause SLA failure.
In order to receive a credit reflected herein, Subscriber must submit a request therefore to Requests@ThinkOn.com within seven days of the SLA failure to which such credit request relates. Each request must include Subscriber account number, the description of the SLA failure and the dates and times of the SLA failure. Metrics or statistical information provided by Subscriber concerning the applicable SLA and the reported failure will be evaluated by ThinkOn, but ThinkOn’s or its agent’s own metrics and statistical information will govern the final determination regarding whether any SLA failure occurred. If the unavailability or other SLA failure is confirmed by ThinkOn and Subscriber is not in breach of the Agreement (including any of its payment obligations) at the time of such unavailability or other SLA failure, the applicable credit will be applied within two billing cycles after ThinkOn’s receipt of the credit request. Credits are not refundable or transferrable and can only be applied to the next subsequent future billing charges until SLA credits are consumed.
Aggregate remedies (availability, network latency, and support remedies) for a Billing Period cannot exceed the aggregate fees paid by the Subscriber to ThinkOn for the corresponding Service Order’s preceding Billing Period.
ThinkOn shall not be responsible for the failure to meet an SLA to the extent the failure is caused by: (a) a breach of the Agreement or this or any other Addendum by Subscriber; (b) Subscriber data content or application programming, acts or omissions of Subscriber, or their employees or agents, or failures of equipment, software or facilities provided by Subscriber; (c) Subscribers use of unsupported software or hardware releases; (d) software or hardware failures resulting from Subscriber’s rejection or delay in implementation, for any reason, of an update, patch configuration change, maintenance change or repair recommended by ThinkOn; (e) any Scheduled Maintenance or Emergency Maintenance (including, without limitation, upgrades, repairs or component replacements) or other mutually agreed-to downtime; (f) any network outage, downtime or other unavailability due to causes outside of ThinkOn’s control, such as failure of communications networks; or (g) any event of force majeure as described in the Agreement. Think On will use commercially reasonable efforts to coordinate the resolution of the failure with the appropriate third-party vendor.
As used herein, the term “Scheduled Maintenance” means upgrades, repairs, replacements or other modifications made for any purpose (including, but not limited to, to accommodate evolving technology and/or increased demand or to provide enhanced but equivalent [or alternative] services) to the facility, ThinkOn’s service delivery infrastructure used to provide the Services set forth on Service Order(s). All Scheduled Maintenance activities occur during the “Maintenance Window” identified as an average period of lowest Subscriber activity on a per-service basis in the time zone where the service delivery infrastructure is located.
The term “Emergency Maintenance” means critical unforeseen maintenance needed for the security or performance of Subscriber’s configuration and/or ThinkOn’s service delivery infrastructure.