Gatman Services and NTT and/or Rackspace Communications Hosted Exchange

Review:  Email Acceptable Use Policy |  Master Service Agreement / Terms Of Service

It is acknowledged that Gatman Services is an authorized reseller for a selection of NTT and/or Rackspace products and services. Gatman Services does not physically manage, care for, administer to, or control any and all hardware and software that is the "Product" or "Service". All terms and conditions may be subject without notice.

Service Definition

The Gatman Services and NTT and/or Rackspace Communications Hosted Exchange Service Level Agreement ("SLA") applies to you ("Customer") if you have ordered Gatman Services and NTT and/or Rackspace Communications Hosted Exchange ("Hosted Exchange") from Gatman Services and NTT America, Inc. and/or Rackspace ("NTT America and/or Rackspace"). This SLA is governed by NTT America and/or Rackspace's Stand-Alone Services Agreement and includes NTT America and/or Rackspace's Acceptable Use Policy and Privacy Policy. Gatman Services and NTT America and/or Rackspace provides Hosted Exchange for email, calendaring, task management, and file sharing, created using Microsoft® Exchange Server software and proprietary technology. This service is provided as a network-based service and is billed on a monthly subscription basis. NTT America and/or Rackspace provides all server and software maintenance, including 24x7 monitoring, 99.9% uptime guarantees, testing and deployment of software patches, bug fixes, service packs, and same-version upgrades.

Each organization will receive their initial allotment of private storage capacity per mailbox. Warnings are automatically sent via email once per day if a user is at or near the limit granted by the system administrator for such user's personal mailbox. Should a user exceed his limit, the user will be unable to send or receive email until the user either reduces the mailbox size below the imposed limit, or is granted an increase in personal mailbox capacity by Customer?s system administrator. All Customer data is backed up to a separate storage device. NTT America and/or Rackspace performs full tape backups on a weekly basis. Backups are performed for disaster recovery purposes only. GATMAN SERVICES AND NTT AMERICA and/or RACKSPACE IS NOT RESPONSIBLE FOR DATA LOSS RESULTING FROM THE FAILURE OR LOSS OF THE DATA STORAGE OR BACKUP MEDIA.

Definitions
Scheduled Maintenance Scheduled Maintenance activities may be scheduled between 4:00 am and 7:00 am Eastern Standard Time (EST) Saturday and Sunday, for the implementation of patches, upgrades and fixes. Please note, however, that Emergency Maintenance may be conducted at any time that NTT America and/or Rackspace deems the scope of the maintenance urgent enough to warrant immediate action.

Notification: When Scheduled Maintenance is expected to cause a service outage, NTT America and/or Rackspace will provide Customer notification 72 hours in advance of the scheduled maintenance time.

Emergency Maintenance Critical patches, upgrades and fixes are defined as (1) security patches from Microsoft (or other vendors) that are recommended by such vendors to be implemented immediately, or (2) software/hardware modifications that repair or prevent Hosted Exchange service-impairing situations. These emergency procedures will be scheduled at any time. NTT America and/or Rackspace will make reasonable efforts to provide Customer with advanced notice prior to applying critical patches, updates, or fixes.

Force Majeure Events Events beyond Gatman Services and NTT America and/or Rackspace's reasonable control that cause a delay or failure in the performance of Gatman Services and NTT America and/or Rackspace's obligations under this SLA., including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire or other acts of God, labor disturbances, Internet system unavailability, virus attacks, unavailability of or interruption or delay in telecommunications, or hackers, failure of third party software.

Availability SLA

Hosted Exchange, with the ability to send and receive email, shall be available for use by Customer ninety-nine and nine tenths percent (99.9%) of the time as calculated on a monthly basis, 24 hours per day, 365 days per year, excluding Scheduled Maintenance, Emergency Maintenance and Force Majeure Events.

This SLA does not include the administration provisioning web interface. All efforts will be made to make sure that provisioning is available. In such a case where the users can send and receive email but the provisioning system is unavailable the SLA is considered met.
Hosted Exchange is monitored from the NTT America and/or Rackspace core Internet routers. All availability calculations are done using data gathered from this monitoring location. Outages affected by Customer?s network and/or the Internet are not included in calculating the SLA and are not considered an NTT America and/or Rackspace service outage. As long as a user is able to send and receive email using one of the following access methods the SLA is considered met. The following access maybe checked for availability:

SMTP, port 25, 587,5190, send and receive email
POP3, port 110, receive email
HTTP, port 80
RPC over HTTPS
Outlook Web Access

The Service Level metric for availability is 99.9%, measured on a monthly basis, calculated by the following equation:

Availability = Total Monthly Minutes -Maintenance Minutes -Downtime Minutes ? (divided by)
Total Monthly Minutes ? Maintenance Minutes = 100%

Maintenance minutes include:

• Scheduled Maintenance Minutes
• Emergency Maintenance Minutes
  
• Force Majeure Event Minutes

Credit Calculations

Chronic Service Failure In the event the service level uptime falls below 97.0% in any four (4) consecutive months over any twelve (12) month period, Customer will receive an additional 15% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties.

In the event the service level uptime falls below 96.0% in any three (3) consecutive months over any twelve (12) month period, Customer will receive an additional 25% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties.
In the event the service level uptime falls below 94.0% in any two (2) consecutive months over any twelve (12) month period, Customer will receive an additional 35% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties.
Credit Request

In order to receive a credit under this SLA, a request thereof must be made by Customer via email to the Gatman Services support at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Each request in connection with Hosted Exchange must be received by Gatman Services within thirty (30) days of the service impact and must be confirmed by NTT America and/or Rackspace's measurements of the SLA.

Each valid credit will be applied to an invoice of Customer within two billing cycles after NTT America and/or Rackspace's receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT America and/or Rackspace.

Notwithstanding anything in this Hosted Exchange SLA to the contrary, the total amount credited to a Customer in connection with the credit request for any calendar month will not exceed the fee paid by Customer for Hosted Exchange for such month.

Support will be tracked by a trouble ticketing system. Each ticket will have a severity level associated with it. Status Responses will be provided to the customer via web, email or phone call, whichever is appropriate. The severity levels are:

1) Severity 0 - Multiple Solutions Down and Immediate Response
2) Severity 1 - System Down - 30 Minute Response Time
3) Severity 2 - System Impacted - 30 Minute Response Time
4) Severity 3 - Change Request / Non-Critical - 24 Hour Response Time