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[ Terms of Service | Email Acceptable Use Policy | Hosted Exchange Terms of Service | Domain Registration Terms of Service ]
By using Gatman's web development, design, marketing, advertising, optimization, media services, domain, hosting and email products and services, you acknowledge that you will abide by the Terms and Services and Acceptable Use Policy's.
It is acknowledged that Gatman Inc (Gatman Services) is an authorized reseller for a Select Authorized Vendors 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 Select Authorized Vendors Hosted Exchange Service Level Agreement ("SLA") applies to you ("Customer") if you have ordered Gatman Services and Select Authorized Vendors Hosted Exchange ("Hosted Exchange") from Gatman Services and Select Authorized Vendors. This SLA is governed by Select Authorized Vendors Stand-Alone Services Agreement and includesSelect Authorized Vendors Acceptable Use Policy and Privacy Policy. Gatman Services and Select Authorized Vendors 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. Select Authorized Vendors 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. Select Authorized Vendors performs full tape backups on a weekly basis. Backups are performed for disaster recovery purposes only. GATMAN SERVICES AND SELECT AUTHORIZED VENDORS ARE NOT RESPONSIBLE FOR DATA LOSS RESULTING FROM THE FAILURE OR LOSS OF THE DATA STORAGE OR BACKUP MEDIA.
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 Select Authorized Vendors deems the scope of the maintenance urgent enough to warrant immediate action.
Notification: When Scheduled Maintenance is expected to cause a service outage, Select Authorized Vendors 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. Select Authorized Vendors 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 Select Authorized Vendors reasonable control that cause a delay or failure in the performance of Gatman Services and Select Authorized Vendors 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.
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 Select Authorized Vendors 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 a Select Authorized Vendors 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:
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%
| Service Availability |
Credit
to Hosted Exchange Charge | |
| 99.89% to 99.0% |
5% | |
| 98.99% to 98.0% |
8% | |
| 97.99% to 97.0% |
15% | |
| 96.99% to 96.0% |
18% | |
| 95.99% to 95.0% |
25% | |
| 94.99% to 94.0% |
30% | |
| 93.99% or less |
35% | |
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.
In order to receive a credit under this SLA, a request thereof must be made by Customer via email to the Gatman Inc support. 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 Select Authorized Vendors measurements of the SLA.
Each valid credit will be applied to an invoice of Customer within two billing cycles after Select Authorized Vendors receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by Select Authorized Vendors.
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: