Service Level Agreement

Click here to go back to policies.

Warranties and Disclaimers by E-Commerce Park.

(a) Service Level Warranty. In the event Customer experiences any of the following and that such inability was caused by E-Commerce Park????s failure to provide Internet Data Center Services for reasons within E-Commerce Park????s reasonable control and not as a result of any actions or inactions of Customer (including Customer Equipment), E-Commerce Park will, upon Customer????s request in accordance with paragraph (ii) below, credit Customer????s account as described below:

i) Inability to Access the Internet (Downtime). E-Commerce Park guarantees an Internet availability of the Contracted Capacity of 99.90%. (Availability is calculated as: total time - sum of all events of unavailable time as agreed during fault clearance x 100% = Total Time). If Customer is unable to transmit and receive information from E-Commerce Park????s Internet Data Center to other portions of the Internet because E-Commerce Park failed to provide the Internet Data Center Services for more than forty-five (45) minutes per calendar month, E-Commerce Park will credit Customer????s account the pro-rata connectivity charges (i.e., all bandwidth related charges) for one (1) day of service, up to an aggregate maximum credit of connectivity charges for seven (7) days of service in any one calendar (1) month. E-Commerce Park????s scheduled maintenance of the Internet Data Center and Internet Data Center Services, as described in the Rules and Regulations, shall not be deemed to be a failure of E-Commerce Park to provide Internet Data Center Services.

ii) Customer Must Request Credit: To receive any of the credits described in this section (a), Customer must notify E-Commerce Park within three (3) business days from the time Customer becomes aware that it is eligible to receive a credit, in either case not later then five (5) business days after such event has occurred. Failure to comply with this requirement will forfeit Customer????s right to receive a credit.

iii) Remedies Shall Not Be Cumulative; Maximum Credit: In the event that Customer is entitled to multiple credits hereunder arising from the same event, such credits shall not be cumulative and Customer shall be entitled to receive only the maximum single credit available for such event. In no event will E-Commerce Park be required to credit Customer in any one (1) calendar month connectivity charges in excess of seven (7) days of service. A credit shall be applied only to the month in which there was the incident that resulted in the credit. Customer shall not be eligible to receive any credits for periods in which Customer received any Internet Data Center Services free of charge.

iv) Termination Option for Chronic Problems: If, in any single calendar month, Customer would be able to receive credits totaling fifteen (15) or more days (but for the limitation in paragraph (iii) above) resulting from three (3) or more events during such calendar month, then, Customer may terminate this Agreement for cause and without penalty by notifying E-Commerce Park within five (5) days following the end of such calendar month. Such termination will be effective thirty- (30) days after receipt of such notice by E-Commerce Park.

THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE SPECIFICATION SHEETS FOR SUCH PRODUCTS). THIS SECTION 6.2(a) STATES CUSTOMER????S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY E-COMMERCE PARK TO PROVIDE INTERNET DATA CENTER SERVICES.

(b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTY SET OUT IN SUBSECTION (a) ABOVE, THE INTERNET DATA CENTER SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER????S USE OF THE INTERNET DATA CENTER SERVICES IS AT ITS OWN RISK. E-COMMERCE PARK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. E-COMMERCE PARK DOES NOT WARRANT THAT THE INTERNET DATA CENTER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

(c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. E-COMMERCE PARK DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM E-COMMERCE PARK????S INTERNET DATA CENTER AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS IN WHICH E-COMMERCE PARK????S CUSTOMERS???? CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH E-COMMERCE PARK WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, E-COMMERCE PARK CANNOT GUARANTEE THAT THEY WILL NOT OCCUR. ACCORDINGLY, E-COMMERCE PARK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Click here to download our SLA.