Epic Works : Company : Policies : Service Level Agreement

This Policy is effective on May 17th, 2005

SERVICE LEVEL AGREEMENT

The following Service Levels apply only where Customer has agreed to a Minimum Service Period of one year or more for Epic Works Ltd. ("Epic Works")'s Services ("Services"), and only in respect of the provision of such Services during such period and where Customer's accounts with Epic Works are in good standing (all defined terms herein not otherwise defined below shall have the same respective meanings as set out in the relevant service agreement or the hosting agreement with Epic Works ("Agreement")). Availability of this Service Level Agreement ("SLA") may be subject to further conditions or qualifications set forth in the Agreement. All remedies set out herein shall not be cumulative, and such remedies shall constitute Customer's sole and exclusive remedy for performance matters under the relevant Agreement.

1. Network Latency
(a) Metric
North American Network Latency Service Level Scope: Epic Works' North American Network Latency Service Level is average round-trip transmissions of 45 milliseconds or less between Epic Works-designated inter-regional transit backbone network routers ("Hub Routers") in North America.
European Network Latency Service Level Scope: Epic Works' European Network Latency Service Level is average round-trip transmissions of 30 milliseconds or less between Epic Works-designated Hub Routers within Europe.
Transatlantic Network Latency Service Level Scope: Epic Works' Transatlantic Network Latency Service Level is average round-trip transmissions of 90 milliseconds or less between a Epic Works-designated Hub Router in the New York metropolitan area and a Verizon -designated Hub Router in the London metropolitan area.
(b) Process
Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. No credits will be paid or payable to Customer if failure to meet a Network Latency Service Level is attributable to reasons of Force Majeure.
Customer may make a request for an SLA credit, submitted to its support representative via e-mail within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information, (ii) alleged non-conformance
Epic Works uses routes on its core upstream bandwidth provider to measure traffic comprising the greatest majority of network routes in the world.
(c) Remedy
If Epic Works fails to attain the Network Latency Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing via e-mail or fax a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works Services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceeds the Maximum Credit.

2. Network Packet Delivery
(a) Metric
North American Network Packet Delivery Scope: Epic Works' North American Network Packet Delivery Service Level is packet delivery of 99.5% or greater between upstream-designated Hub Routers in North America.
European Network Packet Delivery Scope: Epic Works' European Network Packet Delivery Service Level is packet delivery of 99.5% or greater between upstream-designated Hub Routers within Europe.
Transatlantic Network Packet Delivery Scope: Epic Works' Transatlantic Network Packet Delivery Service Level is packet delivery of 99.5% or greater between an upstream-designated Hub Router in the New York metropolitan area and an upstream-designated Hub Router in the London metropolitan area.
(b) Process
Packet Delivery shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. No credits will be made if failure to meet a Network Packet Delivery Service Level is attributable to reasons of Force Majeure.
Customer may make a request for an SLA credit, submitted to its support representative via e-mail or fax within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information, (ii) alleged non-conformance
(c) Remedy
If Epic Works fails to attain the Network Latency Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceeds the Maximum Credit.

3. Internet Bandwidth Availability
(a) Metric
The Epic Works Internet Bandwidth connectivity provided to a network server will be available 100% of the time. Available is defined as Service with no Internet Bandwidth Unavailability (as defined below) and excludes third-party element failures outside the Epic Works Internet Bandwidth.
(b) Process
At Customer's request, Epic Works will calculate Customer's "Internet Bandwidth Unavailability" in a calendar month. "Internet Bandwidth Unavailability" for the purposes of this Service Level consists of the number of minutes that the Epic Works Internet Bandwidth was not available to Customer, and includes unavailability associated with any maintenance at the Epic Works facilities where Customer's server is located, other than Scheduled Maintenance. Outages will be included in this Service Level metric only if Customer opens a complaint with Epic Works customer support representative within ten (10) days of the Outage. Internet Bandwidth Unavailability will not include Scheduled Maintenance, or any unavailability arising directly or indirectly from: (a) Customer's circuits or equipment; (b) Customer's applications; (c) acts or omissions of Customer, or any use or user of the Service authorized by Customer; (d) hostile network attacks provided same is documented and reported by Epic Works; or (e) Force Majeure (as defined in the hosting Agreement).
In order to receive an SLA credit, Customer must: a) report the Service non-conformance by immediately opening a complaint in order to receive the highest level of the SLAs described herein. A complaint must be opened via the emergency support telephone or and/or e-mail. within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information (ii) Complaint correspondence reference(s) (iii) Date and time complaint was opened and Service was restored by Epic Works
(c) Remedy
If Epic Works fails to attain the Internet Bandwidth Availability Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing via e-mail or fax a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") for each hour of Internet Bandwidth Unavailability or fraction thereof in any calendar month attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceeds the Maximum Credit.

4. Outage Reporting
(a) Metric
Epic Works's Outage Reporting Service Level is to notify Customer within 15 minutes after Epic Works' determination that a dedicated hosting Customer's service is unavailable. Epic Works' standard procedure is to ping dedicated Customer's equipment at minimum every one minute. If Customer's equipment does not respond after two consecutive ping cycles, Epic Works will deem the service unavailable and will notify Epic Works support representatives. Epic Works will contact Customer's designated point of contact via e-mail two minutes following the support notification if the issue is not resolved in the two minutes between Epic Works notification and Customer notification.
(b) Process
The Outage Reporting Service Level is applicable only to service provided in the contiguous United States and Canada, and is applicable only if Customer completes submits its desired e-mail contact to Epic Works' in its entirety. Customer is solely responsible for providing Epic Works with accurate and current contact information for Customer's designated points of contact. Epic Works will be relieved of its obligations under this Outage Reporting Service Level if Epic Works' contact information for Customer is out of date or inaccurate due to Customer's action or omission or if Epic Works' failure is due to reasons of Force Majeure.
Customer may make a request for an SLA credit, submitted through a complaint opened through its support representative, within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information
(c) Remedy
If Epic Works fails to attain the Outage Reporting Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceeds the Maximum Credit.

5. Power Availability
(a) Metric
100% AC power availability to dedicated Customer's designated power outlets, based exclusively on the definition of "Power Unavailability" in this subsection, and subject to the qualifications in this section 5.
This Service Level shall only apply where Customer's equipment is capable of utilizing dual power sources and where such equipment is plugged directly into both power sources provided by Epic Works. Unless otherwise provided in the Service Agreement or Service Amendment, Customer must not permit power consumption to exceed the power rating identified in the Service Agreement or Service Amendment and all equipment must be UL or CSA approved. Cabling used by Customer must meet national electrical and fire standards and any specifications provided by Epic Works.
"Power Unavailability" consists of the number of minutes that AC power was not available at the Customer's equipment to the primary outlet or redundant outlet at the same time. Outages will be counted as Power Unavailability only if Customer opens a complaint requesting an SLA investigation with your support representative within ten (10) days of the alleged outage. Power Unavailability will not include Scheduled Maintenance or unavailability arising directly or indirectly from: (a) any Customer circuits or equipment, (b) Customer's applications or equipment, or (c) acts or omissions of Customer, (d) any use or user of the service authorized by Customer, or (e) Force Majeure (as defined in the applicable Agreement).
(b) Process
In order to receive an SLA credit, Customer must: a) report the Service non-conformance by immediately opening a complaint in order to receive the highest level of the SLAs described herein. A complaint can be opened through your Epic Works support representative and b) Customer must make a request for an SLA credit, submitted through a complaint opened through your support representative, within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information (ii) complaint correspondence references (iii) Date and time complaint was opened and Service was restored by Epic Works.
(c) Remedy
If Epic Works fails to attain the Power Availability Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") for each hour of Power Unavailability for both A & B circuits as set out in subsection 5(a) (or fraction thereof) in any calendar month attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceed the Maximum Credit.

6. Hardware Availability
(a) Metric
100% hardware availability of all Epic Works owned equipment, rented, loaned, or provided to Customer, as well as such equipment directly offered for the distribution of Services to Customer, including power distribution equipment, network cabling, etc. that has been provisioned for Customer's exclusive use.
This Service Level shall only apply where Customer is using equipment in its provided and intended manner, with its intended configuration (duplex settings, network topology, etc), and within its limitations as defined by the device (device certifications, power limitations, maximum speeds, capacities, utilization levels, etc) and related devices connected to it.
"Hardware Unavailability" Service Level consists of the number of minutes that the Epic Works hardware was not providing its intended Service to Customer, and includes unavailability associated with any maintenance at the Epic Works facilities where Customer's server is located, other than Scheduled Maintenance. Outages will be included in this Service Level metric only if Customer opens a complaint with Epic Works customer support representative within ten (10) days of the Outage. Hardware Unavailability will not include Scheduled Maintenance, or any unavailability arising directly or indirectly from: (a) Customer's circuits or equipment; (b) Customer's applications, hardware configuration, or specific usage of such equipment; (c) exceeding the capacity or load that any system can carry or is intended and expected to carry; (d) acts or omissions of Customer, or any use or user of the Service authorized by Customer; or (e) Force Majeure (as defined in the hosting Agreement).
(b) Process
In order to receive an SLA credit, Customer must: a) report the Service non-conformance by immediately opening a complaint in order to receive the highest level of the SLAs described herein. A complaint must be opened via the emergency support telephone or and/or e-mail. within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information (ii) complaint correspondence reference(s) (iii) Date and time complaint was opened and Service was restored by Epic Works
(c) Remedy
If Epic Works fails to attain the Hardware Availability Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing, via e-mail or fax, a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") for each hour of Hardware Unavailability in any calendar month attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceeds the Maximum Credit.

7. Shared Hosting Availability
(a) Metric
Shared hosting availability is defined as having no Hosting Unavailability, or 100% Hosting Availability, as defined in this section. This Service Level applies to all designated Epic Works services provided on a shared basis along with other Customers on Epic Works managed equipment. This includes, but is not limited to, Web-site hosting, database hosting, and e-mail hosting. Epic Works does not warrant any specific application provided on the platform, or any service, software, or content managed, installed, or configured by the user.
This Service Level shall only apply where Customer is using equipment in its provided and intended manner, with its intended configuration, and within its limitations as defined by the account configuration.
"Hosting Unavailability" Service Level consists of the number of minutes that any Epic Works Shared Hosting Service was not being provided to Customer or its end users as a result of temporary unavailability of any Service provided to Customer, and includes unavailability associated with any maintenance at the Epic Works facilities where Customer's service is provided, other than Scheduled Maintenance. Outages will be included in this Service Level metric only if Customer opens a complaint with Epic Works customer support representative within ten (10) days of the Outage. Hosting Unavailability will not include Scheduled Maintenance, or any unavailability arising directly or indirectly from: (a) Customer or any other Internet provider's connection to core Internet backbones utilized by Epic Works; (b) Customer's application, configuration, or specific usage of such a service; (c) exceeding the capacity or load that any system can carry or is intended and expected to carry; (d) acts or omissions of Customer, or any use or user of the Service authorized by Customer; or (e) Force Majeure (as defined in the hosting Agreement).
(b) Process
In order to receive an SLA credit, Customer must: a) report the Service non-conformance by immediately opening a complaint in order to receive the highest level of the SLAs described herein. A complaint must be opened via the emergency support telephone or and/or e-mail. within ten (10) days following the resolution of the alleged non-conformance for the Service for which an SLA credit is due with the following information: (i) Account information (ii) complaint correspondence reference(s) (iii) Date and time complaint was opened and Service was restored by Epic Works
(c) Remedy
If Epic Works fails to attain the shared Hosting Availability Service Level in a calendar month and Customer is otherwise in compliance with the Agreement and Customer's account is in good standing, then Customer may request in writing, via e-mail or fax, a Service Level Credit for this Service Level for that month. The Service Level is not a guarantee of performance, and Customer will only be eligible for the Service Level Credit in this paragraph in respect of this Service Level. The Service Level Credit will consist of an amount equal to one day of pro-rated Monthly Recurring Charges ("MRCs") for each hour of Hosting Unavailability in any calendar month attributable to that element of the Service subject to the Service Level ("Eligible Service Charge") whether or not Customer is charged on a bundled or unbundled basis for its constituent Epic Works services. In no event shall the Service Level Credit for this Service Level exceed the MRCs for the Eligible Service Charge in any month ("Maximum Credit"). Notwithstanding the foregoing, in no event will Customer be permitted to claim or receive aggregate monthly credits under this Service Level Agreement in any one measurement month that exceeds the Maximum Credit.