The Message Center Service Level Agreement

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The Message Center Service Level Agreement Powered By Docstoc
					                                                                    The Message Center
                                                                  Service Level Agreement
THIS SERVICE LEVEL AGREEMENT ("Agreement" or “SLA”) shall apply to all managed services provided by The Message Center
Corp (“The Message Center” or “TMC”) expressly as an addendum to the Terms Of Service (“TOS”) for each customer ("Customer").
The Message Center is committed to providing a reliable, high-quality network to support its customers. Providing the Customer with
consistent email access is a high priority for The Message Center and is part of the reason The Message Center makes commitments
in the form of a SLA that provides certain rights and remedies regarding the availability and performance of The Message Center
service. The overall service availability metric is 99.9%, measured on a monthly basis.

Summary
Availability is calculated in the following formula:
A = (T – M – D) / (T – M) x 100%

A = Availability
T = Total Monthly Minutes
M = Maintenance Time
D = Downtime

Term Definitions
For the purpose of this Service Level Agreement, the following terms shall have the following meanings:

“Available” or “Availability”
When the Customer has reasonable access to the core functionality of the subscribed services provided by The Message Center,
subject to the exclusions defined in Downtime Minutes below.
Examples – email customers can send and receive email messages, SharePoint customers can access the established web site, etc.

“Total Monthly Minutes”
The number of days in the month multiplied by 1,440 minutes per day.

“Maintenance Time”
The time period during which the Services will not be Available each month so that The Message Center can perform routine
maintenance to maximize the performance of the Services, up to 240 minutes (4 hours) per month.

“Downtime”
The total number of minutes that the Customer cannot send or receive email messages via the specific access method for the Services.
The calculation of Downtime Minutes excludes time that the Customer is unable to send or receive email messages due to any of the
following: (a) the Maintenance Minutes; (b) Customer’s and/or User’s own Internet service provider; (c) a Force Majeure event; (d) any
systemic Internet failures; (e) Enhanced Services; (f) any failure in the Customer’s and/or User’s own hardware, software or Network
connection, (g) Customer’s and/or Users bandwidth restrictions, or (h) Customer’s and/or User’s, acts or omissions (i) anything outside
of the direct control of The Message Center.

“Mail Delivery Time”
The time between an email sent from the Customer’s email interface (containing valid internet connection, header, and address
information at our server) to a valid email address inside or outside of the Customer domain.

“TMC Network”
The network inside of The Message Center border routers.

“Problem Response Time”
The time period after The Message Center’s confirmation of the Service event, from receipt of the information required from the
Customer for TMC’s customer care representatives to begin resolution and open a trouble ticket in TMC’s systems.

Maintenance Notices
The Message Center will communicate the date and time that The Message Center intends to make the Services un-Available through
an email sent to the Customer’s Administrator at least forty-eight (48) hours in advance (or longer if practical), or via the front page in
support web site. The Customer understands and agrees that there may be instances where The Message Center needs to interrupt
the Services without notice in order to protect the integrity of the Services due to security issues, virus attacks, spam issues or other
unforeseen circumstances.



              The information contained in this message is confidential and may be legally privileged. The message is intended solely for the addressed
              recipient(s). If you are not the intended recipient, you are hereby notified that any use, dissemination, or reproduction is strictly prohibited and
              may be unlawful. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.

              www.themessagecenter.com                                        866.490.4062                                       Finally…Exchange made easy.
Measurement
The Message Center uses a proprietary system to measure whether the Services are Available and the Customer agree that this
system will be the sole basis for resolution of any dispute that may arise between the Customer and The Message Center regarding this
Service Level Agreement.

Term of the Service Level Agreement
This Service Level Agreement shall only become applicable to the Services upon the later of (a) completion of the “stabilization period,”
as such term is defined in the Statement of Work (if any), or (b) ninety (90) days from the MX records change over date.

Mail Delivery Time
The Service level metric for Mail Delivery Time is within 5 minutes or less, 95% of the time measured on a monthly basis, subject to the
exclusions defined in Downtime Minutes above. The remaining 5% will be processed, but may take longer than 5 minutes. The delivery
time calculation does not include complications from outside forces including but not limited to ISP delays or failures, customer internet
connectivity issues, datacenter collocation failures, blacklisting, spam filtering, systemic Internet failures, DDOS attacks, and other
foreseen interruptions, or TMC-induced maintenance time.

Problem Response Time
TMC’s failure to meet the Service level metric for Problem Response Time for a month shall result in a Service Level Credit calculated
per incident at a rate of $50.00, up to a maximum Service Level Credit of $200 of the monthly bill for email service (not including setup,
activation fees or other services provided by The Message Center) per month. The response time per incident will vary upon the
degrees defined below:
Category 1 Response Time – 5 minutes
Unplanned interruption rendering the Services un-Available; no work-around

Category 2 Response Time – 15 minutes
Unplanned interruption rendering the Services un-Available; work-around available

Category 3 Response Time – 4 hours
Services are un-Available for a single User or small percentage of Users affected

Category 4 Response Time – 8 business hours
Intermittent problem

Availability
>97.9% but <99.999%                  Amount of Credit for Affected Seats for Affected Month – 5%

>96.9% but <97.9%                    Amount of Credit for Affected Seats for Affected Month – 7%

<96.9%                               Amount of Credit for Affected Seats for Affected Month – 9%

Mail Delivery Time
>93% but <95%                        Amount of Credit for Affected Seats for Affected Month – 3%

>91% but <93%                        Amount of Credit for Affected Seats for Affected Month – 5%

<91%                                 Amount of Credit for Affected Seats for Affected Month – 7%

Remedy and Procedure
The Customer’s remedy and the procedure for obtaining the Customer’s remedy in the event that The Message Center fails to meet the
Service level metrics set forth above are as follows:
The Customer must notify The Message Center in writing at support@themessagecenter.com or opening a ticket at
http://support.themessagecenter.com of both the date the Downtime Minutes occurred, and an estimate of the amount of actual
Downtime Minutes within five (5) business days of the Downtime Minutes (the “Claim Notice”). TMC will confirm the information
provided in the Claim Notice within five (5) business days of receipt of the Claim Notice. If TMC cannot confirm the Downtime Minutes,
then the Customer and TMC agree to refer the matter to executives at each company for resolution. If TMC confirms that TMC is out of
compliance with this Service Level Agreement, the Customer will receive the amount of Service Level Credits set forth above for the
affected Service level metric and the affected Seats for the affected month, that will be reflected in the TMC invoice to the Customer in
the month following TMC confirmation of the Downtime Minutes.



             The information contained in this message is confidential and may be legally privileged. The message is intended solely for the addressed
             recipient(s). If you are not the intended recipient, you are hereby notified that any use, dissemination, or reproduction is strictly prohibited and
             may be unlawful. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.

              www.themessagecenter.com                                       866.490.4062                                       Finally…Exchange made easy.