DATASOFT NETWORKS SERVICE LEVEL POLICY

Service Level Agreement


The Service Level Agreement (SLA) is incorporated into the Master Service Agreement and applicable to all services delivered directly to Customers of Datasoft Networks. The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with Datasoft Networks. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. To ensure that Server Intellect is providing optimal services to its Customers, Server Intellect is required to perform scheduled maintenance, from time to time, on the network, customer portal, and hardware. Any downtime resulting from any such scheduled maintenance does not qualify for SLA credit(s). All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.

SLA Credit Claim


To properly claim an SLA credit due, a customer user must open a Sales ticket by sending an email to Sales within seven days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable. The SLA claim will be researched by the appropriate department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other Server Intellect customers. Please allow up to seven (7) days for the process of SLA claims.

SLA Claim Fault


Customers currently in arrears for monthly services do not qualify for SLA claims. Customers making false or repetitive claims will incur a one time charge of $50 per incident for such claims. False or repetitive claims are also a violation of the Terms of Service and may be subject to service suspension. Customers participating in malicious or aggressive internet activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the Acceptable Use Policy.

Public Network


Datasoft Networks guarantees 99.9% uptime on all public network services to Customers located in our partner datacenters. All public network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table below.

Private Network


Datasoft Networks guarantees 99.9% uptime on the private network services to Customers located in partner datacenters. All private network services include access to the secure VPN connection, unlimited bandwidth between servers, unlimited uploads/downloads to servers, access to contracted services, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table below.

Redundant Infrastructure


Datasoft Networks guarantees 99.9% uptime on the power and HVAC services to Customers located in our partner datacenters. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Specific guarantees with SLA information are listed in the table below.

Service Level Commitment


Datasoft Networks's Availability Guarantee is to have the Datasoft Network, which includes everything from the connection from customer’s servers to the connection to the Internet Backbone, Connectivity provided to customers available 100% of the time and, as set forth below, Datasoft will credit Customer's account if Datasoft fails to meet this Availability Guarantee during any given calendar month. At Customer's request, Datasoft will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the Datasoft Network was not available to Customer, but will not include unavailability which Customer fails to report to Datasoft within five days, or any unavailability resulting from (a) Datasoft Network maintenance provided it occurs at regularly scheduled times of which Customer has reasonable advance notice or at times otherwise agreed to in advance by Customer, (b) any Customer circuits or equipment, (c) Customer's applications or equipment, (d) acts or omissions of Customer, or any use or user of the service authorized by Customer or (e) reasons of Force Majeure (as defined in the applicable service agreement). For each hour in which any Network Unavailability occurs, Customer's account shall be credited for the pro-rated charges for one day of the Datasoft Monthly Fee for the service with respect to which this Guarantee has not been met.

     In the event that Customer experiences packet loss in excess of one percent (1%) (“Excess Packet Loss”) or transmission latency in excess of 120 milliseconds round trip time between any two points within Datasoft’s Network (collectively, “Excess Latency”, and with Excess Packet Loss “Excess Packet Loss/Latency”), Datasoft will take all actions necessary to determine as promptly as reasonably practicable the source of the Excess Packet Loss/Latency.

          (A) Time to Discover Source of Excess Packet Loss/Latency; Notification of Customer. As soon as practicable, but within two (2) hours of discovering the existence of Excess Packet Loss/Latency, Datasoft will determine whether the source of the Excess Packet Loss/Latency is limited to the Customer equipment and the Datasoft equipment connecting the Customer equipment to Datasoft’s LAN (“Customer Specific Packet Loss/Latency”). If the Excess Packet Loss/Latency is not a Customer Specific Packet Loss/Latency, Datasoft will determine the source of the Excess Packet Loss/Latency as soon as practicable, but within two (2) hours. In any event, Datasoft will notify Customer of the source of the Excess Packet Loss/Latency within sixty (60) minutes after identifying the source.

          (B) Remedy of Excess Packet Loss/Latency. If the Excess Packet Loss/Latency remedy is within the sole control of Datasoft, Datasoft will remedy the Excess Packet Loss/Latency as soon as practicable, but within two (2) hours of determining the source of the Excess Packet Loss/Latency. If the Excess Packet Loss/Latency is caused from outside of the Datasoft LAN or WAN, Datasoft will notify Customer and will use commercially reasonable efforts to promptly notify the party(ies) responsible for the source and cooperate with it(them) to resolve the problem as soon as possible.

          (C) Failure to Determine Source and/or Resolve Problem. In the event that Datasoft is unable to determine the source of and remedy the Excess Packet Loss/Latency within the time periods described above (where Datasoft was solely in control of the source), Datasoft will credit Customer’s account the pro-rata connectivity charges for one (1) day of service for every four (4) hour period after the time periods described above that it takes Datasoft to resolve the problem with the maximum credit for any given month not to exceed one (1) month of service.

Datasoft Networks offers 24/7 support via online chat and Trouble Ticketing (TT) system. Online chat is mainly used for general enquiries, and not for support. Reason is support requires specialist tech's attention. Datasoft Networks makes every effort to solve customer's issue and answers every TT within an average time of 12 hours. We allow each customer to send upto 5 TT for every server or dialer per month. Anything above 5 TT per month will be charged $10 per TT, no exceptions. For Voipswitch and Itelswitch we offers 10 hours of free training through chat or TT system or through remote server access. Anything above 10 hours will be charged at $15 per hour. We offer free reinstallation of all servers. But it is limited to a maximum of one reinstallation per month per server. Anything above it will cost $50 per reinstallation. It is customers duty to take daily backup of your data and keep it safe in case of emergency. Datasoft does not take any backup of customer data unless customer makes a special arrangements for paid backup service.

Datasoft Networks's Power Availability Guarantee is to have the Datasoft AC power provided to Customer's collocation rack available 100% of the time and, as set forth below, Datasoft will credit Customer's account if Datasoft fails to meet this Power Availability Guarantee during any given calendar month. "Power Unavailability" consists of the number of minutes that adequate power to enable Customer’s equipment to function at its peak load levels was not available to Customer's collocation rack, but will not include collocation rack power unavailability which Customer fails to report to Datasoft within five days, or any unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's application or equipment, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure (as defined in the applicable service agreement). For each day during which any Power Unavailability occurs , Customer's account shall be credited the charges for one day of the Datasoft Monthly Fee for the service with respect to which this Guarantee has not been met.

Facility Security and Access. Datasoft shall limit access to the facility in which the collocation space is located to its authorized employees and representatives and those of its customers, and shall limit access to Customers’ collocation space to Customer and Datasoft’s authorized employees and representatives.



Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Usage Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

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