The following Cavecreek Service Level Agreement ("SLA") is a policy governing the use of the Cavecreek Colocation, Bare Metal Servers, Hardware as a Service ("HaaS"), and Cloud Enterprise Services under the terms of the Core Service Agreement (the "MSA") between Cavecreek, LLC., and Clients of Cavecreek . Each respective SLA applies to a distinct offering provided by Cavecreek. Unless otherwise provided herein, this SLA is subject to the terms of the MSA and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the MSA.
Cavecreek guarantees that datacenter HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes all distribution infrastructures up to and including the outlet in the Client area. Infrastructure downtime exists when a particular piece of system critical equipment is shut down due to power, heat, or humidity issues.
Client must monitor services and events as agreed upon by Client and Cavecreek. If Client identifies a failure event they are required to provide an e-mail to Cavecreek at support@cavecreek.com regarding the failure. Upon receipt of the email, Cavecreek will begin responding to event within 15 minutes using response plan provided by Client.
Primary Circuit vs. Primary and Secondary Circuit
Client understands they are given the option to purchase power from divergent systems (Primary/Secondary Power) and it is Cavecreek's strong suggestion that all Clients requiring mission critical uptime take advantage of this option. Due to the increase in redundancy recognized by utilizing Primary and Secondary circuits, Client will receive a significantly increased payment schedule in the event of an outage on both circuits. Client understands that by utilizing a pair of circuits as Primary/Secondary, the total amperage of both circuits cannot exceed 40% of their combined total load. For example, if both primary and secondary circuits have an amperage rating of 20 amps each-totaling 40 amps-then the amperage load combined across both circuits cannot exceed 16 amps (40% of 40 amps) combined. Exceeding this total will negate Cavecreek's SLA. Cavecreek will provide an outlet for both the Primary and Secondary Power drops. It is the Client's sole responsibility to utilize redundant power supplies and/or an automatic transfer switch (ATS) to failover in the event of an outage. Cavecreek is not responsible for Client equipment that does not perform as desired during a transition.
Primary Power Quantity Availability
Client will be provided with up to 80% of breakered circuit (as mandated by 2008 NEC Section 210-19a) in a Primary power scenario or 40% of the total breakered circuit in the case of Primary/Secondary power.
Credit Schedule for Power
The table below sets forth the Client's sole and exclusive remedy for failures to meet Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure).
Credit Schedule for Power |
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Power Failure Time (Hours: Minutes: Seconds)1 |
Service Level Credit Schedule for Failure of Primary Circuit in a Single Power Configuration2 |
Service Level Credit Schedule for Concurrent Failure of Both Primary and Secondary Circuits in a Dual Power Configuration3 |
00:00:01 - 00:10:00 |
1% |
25% |
00:10:01 - 01:30:00 |
5% |
35% |
01:30:01 - 08:00:00 |
10% |
50% |
08:00:01 - 16:00:00 |
20% |
75% |
16:00:01 - 24:00:00 |
30% |
100% |
24:00:01 - 32:00:00 |
40% |
100% |
32:00:01 - 48:00:00 |
50% |
100% |
48:00:01 or greater |
100% |
100% |
Temperature
Cavecreek's service level objective is to maintain an ambient temperature of 72 degrees Fahrenheit plus or minus 5 degrees (72° F ± 5° F), measured at the nearest supply grill, at all times. Client is obligated to monitor temperature for variations that would result in credit and request temperature to be measured by on-site staff.
Humidity
Cavecreek's service level objective is to maintain an ambient humidity of 45 percent plus or minus 15 percent (45% ± 15%) at all times. Client is obligated to monitor humidity for variations that would result in credit and request measurement by on-site staff.
Credit Schedule for Temperature and Humidity SLA
The table below sets forth the Client's sole and exclusive remedy for failures to meet the Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure).
Credit Schedule for Temperature and Humidity SLA
The table below sets forth the Client's sole and exclusive remedy for failures to meet the Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure).
| Service Level Objective | Service Level Failure | Service Level Credit |
|---|---|---|
| Temperature | A Service Level Failure occurs when the ambient air temperature average falls outside of the range defined in 4.A. above and continues to be outside of that range for four (4) consecutive hours after the initial temperature reading outside of that range. | The Service Level Credit shall equal 5% of the total monthly recurring charges for Datacenter colocation services of the affected Client Area--each temperature failure consisting of a consecutive four (4) hour Service Level Failure. |
| Temperature: Critical Failure | A service critical level failure occurs if the ambient air temperature average, as measured at the nearest supply grill is eighty-seven degrees Fahrenheit (87° F)or higher. | The Service Level Credit shall equal 10% of the total monthly recurring charges for datacenter colocation services of the affected Client area each four (4) hour period of critical temperature failure. Client receives an initial Service Level Credit immediately upon the first occurrence of the critical temperature failure and receives further Service Level Credits for each subsequent consecutive four (4) hour period during which critical temperature failure continues. |
| Humidity | A Service Level Failure occurs when the ambient air relative humidity average as measured across all measurement points is outside the range of forty-five percent (45%), (plus or minus) fifteen percent (15%) relative humidity six (6) hours after the primary humidity reading fell outside of forty-five percent (45%), plus or minus fifteen percent (15%) relative humidity range. | The Service Level Credit will equal the total monthly recurring charges for datacenter colocation services of the Client area multiplied by five percent (5%) for each humidity failure. For purposes of clarification Client receives a Service Level Credit after each consecutive six (6) hour period during which a humidity failure continues. |
| Humidity: Critical Failure | A Service Level Failure occurs when the ambient air relative humidity average as measured across all measurement points is over sixty-one percent (61%) 6 hours after the primary humidity reading was over sixty-one percent (61%) and critical humidity failure causes water to condense in the Client area. | The Service Level Credit will equal the total monthly recurring charges for datacenter colocation services of the Client area multiplied by ten percent (10%) for each critical humidity failure. For purposes of clarification Client receives a Service Level Credit after each six (6) hour period during which a critical humidity failure continues. |
A Service Level Failure period begins upon receipt of an email by Cavecreek from Client of a detailed report of an incident and ends when the affected service is operational. Client will provide the report via email and trouble ticket. An applicable Service Level Credit Allowance will appear on Client's invoice following processing. Service Level Credits will not have any cash value at the end of the Client's term or otherwise. Service Level Credits will be calculated as a credit to the Monthly Recurring Charges for datacenter colocation services related to the specific datacenter and suite that experienced the Service Level Failure.
No Service Level Credits will be given for network services which are provided as part of a bundled package, or due to a service interruption:
The maximum total credit for all failures of Cavecreek to meet its Facility Service Level Agreement is limited to the total monthly recurring charge for datacenter colocation services by Client for the month in which the failure occurs.
Server Deployment Guarantee.
In most cases Cavecreek is able to deploy Client's new server within 4 hours, provided Client's order does not contain any special instructions, require MSSQL installation, or need an on-board RAID configuration. For all orders, regardless of configuration, we guarantee a server deployment of 24 hours, beginning once Client's order has been paid for and verified.
Compensation
If we miss our goal, we'll give Client a 10% credit of service cost toward Client's first month's hosting service fees. All Client have to do is notify us within 7 days that we missed our goal and that Client wish to claim this credit.
100% Network Uptime Guarantee.
Cavecreek guarantees that the network will be available 100% of the time during the billing cycle (excluding scheduled maintenance).
Network Downtime Definition.
Network Downtime occurs when your server cannot transmit or receive data to/from the Internet due to the failure of network equipment managed and owned by Cavecreek.
Network Definition.
Our Network consists of all of our infrastructure hardware including routers, switches, and cabling but does not include the services or software running on the server or the server's hardware. Compensation.
As compensation for a downtime event, Cavecreek will credit your account 5% for every 30 minute segment of downtime, up to the total monthly cost. Clients are not entitled to a credit if the downtime is caused by
Reporting
You should report downtime incidents to us via email to serversupport@cavecreek.com or submission through our portal at https://portal.cavecreek.com within 3 days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time Cavecreek receives the email "ticket" and ends when Cavecreek has, at its sole discretion, resolved the issue.
Account Status
If you are currently behind in payments for your accounts, of have been behind 3 or more times in the preceding 12 months, you don't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if you have outstanding abuse issues, but once your abuse issues are resolved we'll gladly credit all valid claims. Making false or repetitive claims will cost you $50 per incident and may place you in violation of account Acceptable Use Policy and Terms & Conditions. Of course, Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms & Conditions .
20 Minute Support Response Guarantee.
Cavecreek guarantees that one of our talented professionals will respond to your support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to serversupport@cavecreek.com or submitted through the portal at https://portal.cavecreek.com.
4 Hour Hardware Replacement Guarantee.
We hate it when things aren't working. If hardware belonging to us and located within our datacenter fails we'll replace it within 4 hours of notification of failure. To report a failure, send an email to serversupport@cavecreek.com or submit a ticket through the portal at https://portal.cavecreek.com/.
Compensation.
If we don't replace the hardware within 4 hours we will credit you for one day of your monthly recurring hosting charges. We'll give you that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of your monthly recurring payment if necessary. You do have to send us an official request for the credit within 7 days of the hardware replacement. Send an email to serversupport@cavecreek.com or submit a ticket through the portal at https://portal.cavecreek.com/ to claim the credit.
The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped. and are therefore not entitled to SLA credits.
Credit request and Payment Procedures
To receive a Service Credit, Client must submit a request by sending an e-mail message to cloudsupport@cavecreek.com. To be eligible, the credit request must:
If the Monthly Uptime Percentage of such request is confirmed by Cavecreek and is less than 100% for the Service Month, then Cavecreek will issue the Service Credit to Client within one Service Month following the month in which the request is confirmed. Client's failure to provide the request and other information as required above will disqualify Client from receiving a Service Credit. Cavecreek's data and records will be the sole factor for validating claims due to Unavailability.
Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Cloud Services, or any other performance issues:
If availability is impacted by factors other than those explicitly listed in this agreement, Cavecreek may issue a Service Credit considering such factors in our sole discretion.
DISCLAIMER
Of course, some things are beyond our control. If we miss our goal because of problems with Client's behavior or the performance or failure of Client's equipment, facilities, or applications, we can't give Client credit. Additionally, extenuating circumstances beyond our reasonable control such as (without limitation) acts of any governmental body, acts of terrorism, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Client's Web site could cause some hang-ups that we cannot be liable for.
100% Network Uptime Guarantee. Cavecreek guarantees that the network will be available 100% of the time during the billing cycle (excluding scheduled maintenance and promotional bundles which include bandwidth). Clients are not entitled to a credit if the downtime is caused by
REPORTING REQUIRED
Client should report downtime incidents to us via email to support@cavecreek.com or submission through our portal at https://portal.cavecreek.com within 3 days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time Cavecreek receives the email "ticket" and verifies an outage, and ends when Cavecreek has, at its sole discretion, resolved the issue.
EXCLUSIONS
If Client is currently behind in payments for Client's accounts, of have been behind 3 or more times in the preceding 12 months, Clients don't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client's abuse issues are resolved we'll gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms & Conditions. Of course, Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms & Conditions and are therefore not entitled to SLA credits.
SUPPORT
20 Minute Support Response Guarantee. Cavecreek guarantees that one of our talented professionals will respond to Client's support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@cavecreek.com
REPLACEMENT
4 Hour Hardware Replacement Guarantee. If hardware belonging to us and located within our datacenter fails we'll replace it within 4 hours of determination and Client notification of failure. To report a failure, send an email to support@cavecreek.com or submit a ticket through the portal at https://portal.cavecreek.com .
COMPENSATION
If we don't replace the hardware within 4 hours we will credit Client for one day of Client's monthly recurring hosting charges. We'll give Client that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of Client's monthly recurring payment if necessary. Client must send us an official request for the credit within 7 days of the hardware replacement. Send an email to support@cavecreek.com or submit a ticket through the portal at https://portal.cavecreek.com to claim the credit.
DISCLAIMER
The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped.
Published 10.28.2015