SERVICE LEVEL AGREEMENT

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Our SLA is a guideline that we must follow at all cost.

Application of Gotekky's SLA

The Gotekky Service Level Agreements (SLAs) provide Customer with certain rights and remedies regarding the performance of the network infrastructure of Gotekky, as will be defined below.

Uptime Guarantee:

Gotekky strives to maintain a 99.9% network uptime. This uptime percentage is a monthly figure, and is is calculated solely by Gotekky’s monitoring systems or Gotekky’s contracted external monitoring services. If Gotekky fails to meet its uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Gotekky does not credit a full month’s service for minor downtime. This would not be financially healthy for Gotekky, and in turn would only negatively affect the service level Gotekky provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Gotekky may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Gotekky network caused by or associated with:

Connectivity:

Gotekky's goal is to make the Gotekky network available to Client free of outages for 99.9% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a Gotekky service failure for more than 15 consecutive minutes, excluding service failures relating to Gotekky's scheduled maintenance and upgrades. The Gotekky network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Gotekky's goal is to keep Average Round-Trip Latency on the Gotekky network to 100 milliseconds or less. Gotekky defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the Gotekky network and major US/Canadian backbone peering points during such month, as measured by Gotekky. Gotekky's goal is to keep Average Packet Loss on the Gotekky network to 1% or less. Gotekky defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the Gotekky network during such month that are not successfully delivered, as measured by Gotekky.

Measurement:

Gotekky will periodically (on average every 5 minutes) monitor the network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Gotekky network but not other networks to which Client may connect. Gotekky reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Gotekky and made available to Client.

Hardware Failure:

Gotekky stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Gotekky utilizes only name brand hardware of the highest quality and perfomance. Gotekky will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site network engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Gotekky contracts with router manufacturers and backbone providers in regard to the emergency repair service in case of such an issue. Gotekky will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Gotekky will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Credits:

Each request in connection with network/server outages/downtime must be received by Gotekky within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Gotekky within five days after the end of such month. The total amount credited to a Client for Gotekky not meeting SLA service levels will not exceed the service fees paid by Client Gotekky for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Gotekky’s receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Gotekky. Upon Client’s request (in accordance with the procedure set forth below), Gotekky will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Gotekky and confirmed by Gotekky’s measurement reporting. Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Gotekky network for a calendar month exceeds 100 milliseconds, then upon Client’s request, Gotekky will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Gotekky will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month.

General:

Gotekky reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Gotekky makes no claims regarding the availability or performance of the Gotekky network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

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