1. Service Commitment
XcellHost will make diligent efforts to make the Monthly Uptime Percentage for the availability of the Hosted Virtual Desktop Service to any End User at least 99.9% during any calendar month (the “Service Commitment”).
If XcellHost does not meet the Service Commitment, Company will be eligible to receive a Service Credit as described below. Notwithstanding the foregoing, if the average Uptime Percentages over two or more consecutive calendar months is less than 99.5%, and unavailability of Services is not due to Company, then Company shall have the right to terminate this Agreement upon written notice to XcellHost without further obligation to XcellHost except for payment of outstanding fees for Services rendered. If Company terminates this Agreement for such reason, XcellHost shall refund Company for any prepaid but unused Services.
Monthly Uptime Percentage is calculated by subtracting from 100% the Monthly Downtime Percentage. The Monthly Downtime Percentage is calculated by dividing the number of minutes that the Hosted Virtual Desktop Service is Unavailable during the month by the number of minutes in a thirty day month as adjusted for a partial calendar month, and converting that fraction to a percentage. Monthly Downtime Percentage calculations exclude downtime resulting from any SLA Exclusions.
Unavailable is defined as “Hosted Virtual Desktop” cannot be reached by any End Users.
A “Service Credit ” is a dollar credit, calculated as set forth below, that will be credited to Company’s account as set forth below.
3. Service Credits
Service Credits are calculated as a percentage of the total charges paid by Company to XcellHost for the billing cycle in which the error occurred in accordance with the schedule below.
If the Monthly Uptime Percentage is:
|Equal to or greater than 95% but less than 99.9%||10% (of the monthly fee)|
|Less than 95%||25% (of the monthly fee)|
XcellHost. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Subscription Agreement, Company’s sole and exclusive remedy for any unavailability, non-performance, or other failure by XcellHost to provide service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination as set forth in Section A. 1..
4. Requesting and Receiving the Service Credit
To receive a Service Credit, Company must submit a claim by sending a request for Service Credit to servicecredit@XcellHost.com . To be eligible, the credit request must be received by XcellHost within ninety days of when the downtime in the claim first occurred and must include:
The words “SLA Credit Request” in the subject line;
Company’s logs that indicate the dates and times of each incident of downtime that Company is claiming to document the errors and corroborate the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage applicable to the month of such request is confirmed by XcellHost and is less than the applicable Service Commitment, then XcellHost will issue the Service Credit to Company within one billing cycle following the month in which Company’s request is confirmed by XcellHost. Company’s failure to provide the request and other information as required above will prevent Company from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination performance issues of the XcellHost DaaS Services: (i) due to scheduled or critical systems maintenance activities; (ii) that result from a suspension of the Subscription Agreement; (iii) caused by factors outside of XcellHost’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of DaaS Service; (iv) that result from any actions or inactions of Company or any third party; (v) that result from Company’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within XcellHost’s direct control); or (vi) arising from the Inactive status of a Hosted Virtual Desktop; or (vii) arising from XcellHost’s suspension and termination of Company’s right to use the XcellHost DaaS Services in accordance with the Subscription Agreement (collectively, the “Exclusions”).
B. Incident Response.
1. General Information
|Standard Support Plan||Premium Support Plan|
|Company Service and Communities||24 x 7 access to documentation, whitepapers, and support forums||24 x 7 access to documentation, whitepapers, and support forums|
|Technical Support||Standard business hours** access to Support Engineers via email||24 x 7 access to Support Engineers via email & phone|
|Who can open cases||Designated Company Contacts||Designated Company Contacts|
|Case Severity response time||Normal < 12 business hours
Low < 24 business hours
|Critical < 1 hour
Urgent < 4 hours
Normal < 12 hours
Low < 24 hours
|Pricing||Included||As set forth on the Order Form|
|Support Severity Level||Definition|
Incident means an Error causing catastrophic failures that severely impact the Company’s ability to conduct business. Company’s systems are down or not functioning and business operations are severely disrupted.
Incident means an Error causing major functionality to be degraded in which the Company’s operation is disrupted but there is an ability to remain productive and maintain necessary business-level operations.
Incident means an Error causing partial loss of non-critical functionality.The Error impairs some operations but the Company can continue to function.
Incident means a general usage question, cosmetic issues, request for future product enhancements or modifications
* We will make every reasonable effort to respond to your initial request within the corresponding time frames. Incident requests that are created after XcellHost business hours, as may be appropriate, will be handled on the next business day.
** XcellHost standard business hours are M – F 10 AM – 8 PM GMT Time
a. First Response to Incidents. Company’s End User may make an initial inquiry regarding the operation of the Hosted Virtual Desktop Services generally or an incident requiring technical support for the Hosted Virtual DesktopServices, (each an “Incident”) For each Incident submitted to Company by a Company’s End User, Company will have the obligation to provide the necessary response or technical support directly to the End User, Company shall diligently attempt to resolve Incidents. (level 1 “Support”) Only after an unsuccessful attempt at resolving an Incident and after Company reasonably determines that the Incident reported by Company is due to a failure of the Hosted Virtual Desktop Services Company may submit the Incident to XcellHost’s support. Company shall designate support contacts (each so designated a “Designated Company Contact”) for solving support issues with XcellHost. A Designated Support Contact may report the issue to XcellHost by initiating and submitting a technical support request via a XcellHost contact mechanism (a “Support Ticket”). Designated Company Contact will provide the following information for each Support Ticket: (a) Company’s name and contact info: (b) Company’s name and Company’s Designated Company Contact information; (c) Company’s requested severity level; (d) a description of the failure; and additional relevant information, if any.
b. After receipt of a Support Ticket from a Designated Company Contact, XcellHost then will provide the standard support that Company has selected. (level 2 “Support”) Note that XcellHost is not obligated to (i) work on an Incident if there is insufficient information provided by Company to facilitate investigation (ii) work on an Incident that cannot be reproduced; (iii) work on an Incident related to the Hosted Virtual Desktop Service which has been modified by Company or a third party other than a representative of XcellHost; or (iv) work on an Incident related to use of the Hosted Virtual Desktop Service other than as specified by the Documentation or in breach of the Agreement; (v) work on an interoperability issue caused by third party software or devices and/or the error also occurs without the presence of The Hosted Virtual Desktop Service, and any such rejections shall not be a breach of the Agreement and shall not be failure to resolve the Incident. Company acknowledges and agrees that not all errors can be corrected. Support tickets may be closed by XcellHost if the issue is deemed to not be failure of the Hosted Virtual Desktop Service to comply with its documentation or if there is a lack of response from Company for more than ten (10) consecutive business days. Company may re-open a closed technical support request if Company has new information related to the Incident