The following Service Levels shall apply in respect of the following Latitude.sh-provided hardware:
  • Switches, firewalls, load balancers, and servers
  • Direct attached storage devices
  • Network attached storage devices

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1. Hardware Repair or Replacement

Hardware repair or replacement will begin once Latitude.sh identifies the cause of the problem. Latitude.sh will complete the hardware repair or replacement within eight (8) hours of problem identification.
Hardware replacement for servers is defined as Latitude.sh making available a replacement server of similar or greater specification to the Client.
This guarantee does not include the time required to rebuild Client’s system, such as the time required to configure a replacement device, rebuild a RAID array, reconfigure devices from their default settings or, reload the operating system.

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1.2 Remedy

If Latitude.sh fails to meet the Service Levels stated in this Section 2.1 and the failure directly and adversely affects Client’s Server, Client is entitled to a credit in the amount of two point five percent (2.5%) of Client’s monthly recurring fee per hour of downtime (after the initial eight (8) hours or twenty four (24) hours, as applicable, from problem identification for Section 3.1), up to one hundred per cent (100%) of the monthly recurring fee for the affected component for any calendar month.

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2. Service Credits

The Parties acknowledge that each Service Credit is a genuine pre-estimate of the loss likely to be suffered by Client and not a penalty.

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2.1 Credit Calculation and Request Process

Latitude.sh determines and calculates Service Credits on a per-occurrence basis. The Service Credit is a prorated amount derived from the monthly fee for the affected Service. Client must request Service Credits through Latitude.sh’s e-mail billing@latitude.sh within 30 days of the resolution of the event in question. Latitude.sh will apply any earned Service Level Credit to Client’s next monthly invoice.

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2.2 Automatic Application

Latitude.sh will automatically apply Service Credits to Client’s account. If Client believes that Latitude.sh has not properly done so, then Client should send requests for service credit by support ticket.

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2.3 Clarification Process

If requesting clarification of Service Credits applied during the previous Month, Client must submit a written request to Latitude.sh Account Manager within thirty (30) days following the date of Latitude.sh’s invoice or notification to Client setting out the application of Service Credits for the Month in question. Latitude.sh shall contact Client within five (5) days to submit Latitude.sh’s decision or to request additional information. If Latitude.sh approves Client’s Service Credit request, the Service Credit will appear on Client’s next Monthly invoice following approval.

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3. Limitations

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3.1 Exclusions from Service Credits

Client will not be entitled to any Service Credit or other remedy where Latitude.sh’s failure to meet Service Levels are due to any of the following:

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3.1.1 Downtime or outages resulting from Maintenance

“Maintenance” means: Scheduled Maintenance Windows – being scheduled maintenance events, which are scheduled a minimum of 7 days in advance of the event. The purpose of a maintenance window is to perform activities such as changes or upgrades to shared infrastructure, core routing or switching equipment, or other data center facilities. Scheduled Client Maintenance – being maintenance that Client requests to the Dedicated Hosted System and includes pre-failure hardware replacement, hardware upgrades, etc. It also includes shutdowns or reboots that occur in the normal course of maintaining a server. The window for Scheduled Client Emergency Maintenance – being critical unforeseen maintenance to address circumstances that could be a threat to the security or performance of Latitude.sh’s network infrastructure or Client’s Dedicated Hosted System. Latitude.sh will make an announcement of Emergency Maintenance as needed at the time the maintenance is required to be performed. Downtime or outages resulting from Maintenance activities performed on Client’s content by Client or their agents.

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3.1.3 Client System Issues

Unavailability or interruptions in Services occurring due to Client’s maintenance errors, design flaws, programming errors or security deficiencies in Client’s application, application code, or data structures nor for software bugs within Client’s application, system software, operating system, or any vendor supplied patches that have not been tested by Client.