Focus on Quality
Prominic.NET, Inc. understands the role it plays in customers' success. Prominic places high expectations on itself and strives to provide quality and affordable service. You will see this reflected in Prominic's service and customer support goals. This Agreement demonstrates the confidence Prominic places in its ability to deliver world-class managed hosting services. The primary focus is to treat you the same way Prominic expects to be treated. Should you ever find this not to be the case, please contact SLA@Prominic.NET or +1.217.356.2999.
Hours of Operation
Prominic's servers are available 24 x 7 x 365. The standard business week for Prominic is defined as Monday through Friday, 9 AM - 6 PM U.S. Central Time, excluding national holidays.
This Service Level Agreement does not apply to those customers who are delinquent in their payments to Prominic. Payment is considered delinquent at 12:00 AM U.S. Central Time, the day following payment due date. Delinquent customers will not be eligible for service credits.
Third Party Hosting
Third party hosts may be utilized for services such as colocation, redundant backup, and disaster recovery. Prominic will use third party hosts only upon direct request of a Customer. In the event that hosting services are provided by a third party, topics specific to the Prominic SLA will apply only to services conducted at the Prominic data centers. Services hosted by the third parties shall be subject to their respective service level agreements, particularly as it applies to physical and network security, network uptime, server availability and scheduled maintenance.
Scope of Service
Prominic guarantees that its network will be available 99.99% of the time, corresponding specifically to no more than 5 minutes of downtime in a given month, excluding scheduled maintenance. Network uptime includes functioning of all Prominic network infrastructure, including routers, switches and cabling, but does not include applications or services running on customer's server, nor does it include general internet outages beyond Prominic ISPs' local points of presence. Network downtime exists when (1) the customer's server is unable to transmit and receive data due to a problem with the Prominic network infrastructure; (2) Prominic determines in its reasonable commercial judgment that a network outage does indeed exist; and (3) the customer has opened a support incident with Prominic Customer Support. Network downtime is measured from the time a support incident is opened by the customer to the time the network outage is resolved.
Prominic defines server availability as the availability of port 80 (HTTP) and when applicable, ports 1352 (Lotus Domino) and/or port 22 (SSH). Prominic makes the following server availability guarantees:
Development Servers (including shared servers and dedicated development servers): No more than 8 hours of downtime in a given month excluding scheduled maintenance, equating to an approximate availability of 99%.
Production Servers (including partitioned servers and dedicated production servers): No more than 45 minutes of downtime in a given month excluding scheduled maintenance, equating to an approximate availability of 99.9%.
Server downtime exists when (1) any of the applicable monitored ports on the customer's server are no longer available for service; (2) Prominic determines in its reasonable commercial judgment that a server outage does indeed exist; and (3) the customer has opened a support incident with Prominic Customer Support. Server downtime is measured from the time a support incident is opened by the customer to the time the server downtime issue is resolved.
This server availability guarantee applies to Prominic's production (shared), development (partitioned), and dedicated hosting services. All other services, including but not limited to mail, SSL, site statistics, secondary registration, and merchant services are not covered by this guarantee and offer no service guarantees.
Network and Server Exclusions
Network downtime and server unavailability will not include outages that the customer fails to report within five (5) business days, or outages resulting from: Prominic scheduled maintenance; telephone company circuits; customer applications, equipment or facilities; acts or omissions by customer, or any use or user of customer; or reasons of force majeure
Prominic guarantees the operability of all leased hardware components and will replace at no cost to the customer any failed components. Prominic reserves the right to substitute comparable or better hardware for failed components. Hardware replacement for critical failures will begin upon identification of the problem. Hardware replacement for noncritical failures may be delayed to a standard maintenance window at Prominic's sole discretion. All hardware replacement is guaranteed to be finished within four (4) hours, however, this explicitly excludes the time required to rebuild a RAID array.
Scheduled Maintenance shall mean any maintenance in the Prominic data center at which the customer's server is located (a) of which the customer is notified at least 24 hours in advance, or (b) that is performed during the standard maintenance windows of Wednesday and Sunday from 12 AM to 4 AM U.S. Central Time, or (c) that is conducted at a mutually agreed upon time. Notice of scheduled maintenance will be provided to the customer's account contact(s) via e-mail, fax or phone. Prominic will use its best efforts to respect geographic time differences and/or business hours of its customers when conducting scheduled maintenance.
Prominic strives to provide quality technical support to its customers. Prominic offers 30 minutes of included support to each account per month. Support includes but is not limited to server connection issues, client and server software installation, new service registration, mail routing issues, server configuration, DNS issues and application operation issues. Prominic will assist with any non-application design related questions you have, within the allotted free support period. Support beyond the initial 30 minutes is billed at the standard support rate.
The official channel for obtaining technical support from Prominic is via e-mail at Support@Prominic.NET. Sending an e-mail to this address will result in the generation and return e-mailing of a message identification number (MID). Customer must retain this MID number for reference. Prominic will respond to all technical support requests within two (2) business days and will make every attempt to resolve these technical inquiries within this time frame. Noncritical and general requests will be given lower priority. Critical problems that affect the day to day operations of a Customer's account will be given a high priority and every attempt will be made to resolve these types of problems in the shortest time frame possible.
Prominic takes no responsibility for the reliability of e-mail transmission. If a response was sent to the Customer by Prominic and can be found in the Prominic Contact Management system, customer will not qualify for credits regardless of whether or not the Customer actually received the response from Prominic.
Customers may also attempt to obtain support by phone during normal business hours by calling 888.356.2999 (U.S.) or +1.217.356.2999 (international); however, the official channel for support remains via e-mail. Prominic makes no guarantee of the availability of phone support at any time. In all cases, for the safety of customers, only registered technical contacts are eligible to open support incidents for an account.
Remedy & Credits
If Prominic determines in its reasonable commercial judgment that it has failed to reach any aspect of its Service Level Agreement, Prominic will, upon customer's request, credit customer's account the prorated base charges of each affected server for one day's service for each continuous 24 hour period that the failure exists. Only one SLA parameter violation may be claimed per event. Redundant or clustered networks designed to prevent outages in the event one or more components of the network fail shall be eligible for credit solely to the extent that Prominic determines a complete outage exists. Customer has five (5) business days to submit a request for credit to Prominic. Any failures not reported within five (5) business days are not eligible for credits.
Credits will apply only to the base monthly rate of the customer's selected hosting package. Credits will issue on the first day of the month following the outage and will deduct from the amount due for the following month's service. Credits will not be applied directly to a credit card, via cash or check, or in any manner other than a service credit for the following month. Customers with multiple servers will not receive credits for unaffected servers. Customers will not be credited on a daily basis more than the prorated daily amount of their base monthly hosting rate, and not more than the amount of their total monthly hosting rate in any given month.
This document may be modified at any time and will be in effect 30 days after online posting
Posted: December 1st, 2006
In Effect: January 1st, 2007