1. Network Availability
The Network will be available ninety nine point nine per cent (99.9%) of the time in a given month.
“Network” means the portion of the network extending from, but not including,
the outbound port on Client’s server to the outbound port on the border router
and includes Latitude.sh managed switches, routers, and wiring.
Remedy
(Capped at 100% of one month’s fees for affected device(s))
Availability and Credit Levels
The following credit levels apply based on network availability performance:
| Level | Availability | Minutes Downtime | Credit % |
|---|
| 0 | 99.98% - 100% | 0 - 9 | 0% |
| 1 | 99.85% - 99.98% | 10 - 68 | 10% |
| 2 | 99.70% - 99.85% | 69 - 130 | 20% |
| 3 | 99.45% - 99.70% | 131 - 238 | 30% |
| 4 | 98.90% - 99.45% | 239 - 475 | 40% |
| 5 | < 98.90% | > 475 | Further 2% per additional hour |
Service credit remedies are capped at 100% of one month’s fees for affected
devices.
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.
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.
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.
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.
3. Limitations
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:
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.
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.
