These Service Level Agreements ("SLAs") apply to Customers of NTT America's ("NTT America") Remote Data Backup services (the "Remote Backup Services") as set forth on the Service Order Form ("the Agreement"). Capitalized terms not otherwise defined in these SLAs shall have the meanings set forth in the Agreement. Except to the extent otherwise specifically provided herein or in the Agreement, these SLAs become effective in the first calendar month after the Remote Backup Services have been fully released to the Customer.
The following SLAs provide Customer's sole and exclusive remedies regarding the performance of the Remote Backup Services. The amount of credit available per month is subject to a cap as described below.
- Availability
- The Remote Backup Services will be available ninety-nine percent (99%) of the time to enable Customer to initiate a restore of any data stored in databases maintained by NTT America as part of the Remote Backup Services.
- Subject to clauses e, f and g below, as Customer's sole and exclusive remedy for a failure by NTT America to comply with clause A (i) above, Customer will receive a credit against future charges based on the following discount scale:
| Average Monthly Availability |
Credit (against total Remote Backup Services monthly charges during the applicable calendar month.) |
| 98.0-98.9% |
5% |
| Less than-97.9% |
10% |
- Backup
- NTT America will backup all file systems designated by Customer ("Files") by establishing a network connection from Customer's Equipment to NTT America storage infrastructure. NTT America will backup the Files within a predetermined window in accordance with and subject to the schedule established on the Agreement.
- Subject to clauses E, F and G below, for each day in each calendar month during the Term in which NTT America fails to backup Files in accordance with clause B (i) above and as the Customer's sole and exclusive remedy for such failure, Customer will receive a credit equal to one day's worth of the total recurring monthly fees paid by Customer to NTT America for the applicable calendar month for the affected Remote Backup Services for such Customer.
- Retention
- Customer data ("Data") stored in NTT America on-line systems utilized to provide the Remote Backup Services ("Systems") will be retained for a period of time as specified in and subject to the schedule set forth on the Agreement.
- Subject to clauses E, F and G below, for each day in each calendar month during the Term in which NTT America fails to provide retention for Data in accordance with clause C (i) above and as the Customer's sole and exclusive remedy for such failure, Customer will receive a credit equal to one day's worth of the total recurring monthly fees paid by Customer to NTT America for the applicable calendar month for the affected Remote Backup Services for such Customer.
- Restoration
- NTT America will initiate restoration of Data that is retained on the Systems within thirty (30) minutes of Customer's request.
- Subject to clauses E, F and G below, for each restore which NTT America fails to successfully initiate within the time periods provided in clause C (i) above, and as the Customer's sole and exclusive remedy for such failure, Customer will receive a credit equal to one day's worth of the total recurring monthly fees paid by Customer to NTT America for the applicable calendar month for the affected Remote Backup Services for such Customer.
- Customer Permission
Customer expressly grants NTT America and NTT America third party service providers, for the purpose of providing the Remote Backup Services being rendered to Customer, the right to access the Customer equipment and the right to reproduce the Data.
- Exceptions
Customer shall not receive any credits under the SLAs in connection with any failure of deficiency of the Data Backup Services or a failure to meet the SLAs that is caused by or associated with any of the following:
- circumstances beyond NTT America reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of these SLAs;
- failure of access circuits to the NTT America Network (as described in clause (ix) below), unless such failure is caused solely by NTT America;
- failure of customer's Internet access service, unless such service is provided by NTT America and failure is caused solely by NTT America;
- general third party telco failure;
- failure of Customer equipment used in connection with the Data Backup Services;
- scheduled and emergency maintenance;
- DNS issues outside the direct control of NTT America; or
- any other acts or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of the NTT America Network or NTT America services in breach of the NTT America Acceptable Use Policy.
- "NTT America Network" means the NTT America owned and operated Internet Protocol (IP) routing infrastructure consisting solely of NTT America measurement devices at selected NTT America points of presence and the connections between them in the forty-eight continental United States.
- Credit Request and Payment Procedures
In order to receive a credit under these SLAs, Customer must make a request therefore by accessing and following the credit request procedures set forth at http://us.ntt.net/support/sla/credit.cfm. Each request in connection with a breach of the above-referenced SLAs in a particular calendar month must be received by NTT America within seven (7) days after the end of such month. Each valid credit will be applied to an invoice of Customer within two billing cycles after NTT America receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT America.
Notwithstanding anything in the SLAs to the contrary, the total amount credited to a Customer in connection with Remote Backup Services in any calendar month will not exceed, in the aggregate, one hundred percent (100%) of the total recurring monthly fees paid by Customer to NTT America for the Remote Backup Services being rendered to Customer for such calendar month.
- General
Customer acknowledges and agrees that the Remote Backup Services are not intended to be a comprehensive disaster recovery solution. Except as set forth in these SLAs, NTT America makes no claims regarding the availability or performance of the Remote Backup Services.
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