Dolphini Networks Hosted Exchange Service Level Agreement


1. Definitions

  1. For purposes of this Hardware Support Service Level Agreement (SLA), the following terms have the meanings set forth below:

  2. "Base_Fee" means the base monthly, quarterly or annual fee paid by customer for the any managed dedicated server package(s) being provided to it by Dolphini Networks (Dolphini), including the use of the server, the use of electricity to the extent provided to customer, and up to the amount of data transferred allowed each month. The Base Fee does not include any other fees which might be charged to customer, including, without limitation, set-up fees, charges relating to incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, hard drives beyond that which is available without additional charge under Dolphini's rates or managed services to which customer subscribes in connection with its hosting solution(s).

  3. "Covered_Hardware_Problem" means repair or replacement of one or more of the following with respect to a Covered Server Platform (as defined below):
    1. network cards,
    2. patch cables,
    3. hard drives,
    4. central processing units (CPUs),
    5. fans that cause a CPU to fail,
    6. memory,
    7. motherboards,
    8. power supplies,
    9. floppy drives,
    10. SSCSI controllers for external drives, or
    11. modems;
    12. excluding RAID rebuilds associated with Covered Server Platforms which
      1. have RAID, or customer or its agent has installed software RAID,
      2. include Mylex or LSI Controllers or
      3. require the reinstallation of Windows NT 4.0. In repair or replacement of hardware, Dolphini may be required to install a new operating system and will do so with the current version of such operating system unless customer requests otherwise, in which case this Service Level Agreement shall not apply.

  4. "Covered_Server_Platform" means one of the following server platforms that were originally provided and installed by Dolphini Networks after activation of services:
    1. Sun Microsystems,
    2. Windows NT,
    3. Linux, or
    4. Windows 2000 or Windows Server 2003 or Windows Sever 2008.

  5. "Full_Day's_Credit" means a credit equal to one (1) day's worth of the Base Fee, calculated on the basis of a thirty (30) day month.

  6. "Operational" means that customer's Covered Server Platform is available (i.e., responds to a ping) as measured by Dolphini network monitoring system.

  7. "Dolphini_Networks_Notice_Time" means the time that Dolphini Networks support first learns that customer's Covered Server Platform is not Operational.

2. Hardware Support SLA:

  1. Dolphini Networks goal is to resolve all Covered Hardware Problems so that customer's Covered Server Platform is Operational within four hours from the Dolphini Networks Notice Time.

    Subject to Sections 3 and 4 below, upon customer's request in written form, Dolphini Networks will issue a Full Day's Credit to customer

    1. if customer's Covered Server Platform is not Operational within four hours from the Dolphini Networks Notice Time and

3. Exceptions:

  1. Customers shall not receive any credits under this Hardware Support SLA in connection with any failure of Dolphini operations group to resolve a Covered Hardware Problem caused by or associated with:

    1. Circumstances beyond Dolphini 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 the Service Level Agreement; or
    2. Customer's acts or omissions (or acts or omissions of other parties engaged or authorized by Customer), including without limitation, any alteration of the configuration of the server being used by customer that causes the operating system to fail, any negligence or willful misconduct, or any request to re-install other than the latest version of an operating system in connection with a hardware failure.

4. Credit Request and Payment Procedures

  1. In order to receive a credit, customer must make a request by completing our credit request form or by email to an address as may be designated by Dolphini Networks from time to time. Each credit request in connection with this Hardware Support SLA must be received by Dolphini Networks within 48 hours of the support failure referenced in Section 2 above and must include the customer's customer number (per Dolphini invoice), customer's name as listed on Dolphini invoice, the date and approximate time of the support failure and the server identification code(s) of the affected server(s). Incomplete credit requests will be returned by Dolphini Networks.

To learn more about putting Dolphini Networks Managed Dedicated Server Hosting to work for you, contact one of our collaboration consultants at (615) 256-5505.