This Dedicated Server Service Level Agreement ("SLA") establishes the guidelines for the utilization of services provided by Leapswitch Networks. It is applicable on an individual basis to each Customer who avails of the specified Leapswitch Networks Services. Should there be any discrepancies between the stipulations of this SLA and the Terms of Service ("Terms of Service"), the provisions of this SLA shall prevail, but solely to the degree of the discrepancy. Any capitalized terms not explicitly defined within this document are to be interpreted as per their definitions in the Terms of Service.
Commitment to Service Availability
Leapswitch Networks is committed to making every reasonable effort to ensure that each category of services offered by Leapswitch Networks, as outlined below, remains "Available" throughout each calendar month in accordance with the "Minimum Uptime Commitment" specified for each service. Should Leapswitch Networks fail to meet this Monthly Uptime Commitment for any of its services, customers will be entitled to receive a Service Credit, as further detailed below.
Service Minimum Uptime
| Dedicated Servers | 99.9% |
| Power (Dual Power Servers) | 99.9% |
| Power (Single Power Servers) | 99.9% |
| Public Network | 99.9% |
| Private Network | 99.9% |
The "Monthly Uptime Percentage" is determined by deducting the percentage of minutes throughout the month when any category of Leapswitch Networks Service was not accessible from 100%. The calculation of the Monthly Availability Percentage omits periods of inaccessibility that arise directly or indirectly from any Exclusion of Unavailability (defined subsequently).
Issuance of Service Credits
Service Credits are determined as a proportion of the total charges incurred by you (excluding any one-time fees) for the specific Leapswitch Networks Service during the calendar month when the service was not accessible, following the scale provided below.
Monthly Uptime Service Credit Percentage
| Less than 99.9% but equal to or greater than 99.0% | 15% |
| Less than 99.0% but equal to or greater than 95.0% | 40% |
| Less than 95.0% | 100% |
How to Request a Service Credit
- To apply for a Service Credit, you must submit a support request within sixty (60) calendar days following the incident you believe warrants such a credit, using the Leapswitch Networks Control Panel. Should it be verified by Leapswitch Networks that the Monthly Availability Percentage for your request falls below the committed Monthly Availability, Leapswitch Networks will issue the Service Credit to you within forty-five (45) days of such confirmation. The determination of Availability will rely exclusively on Leapswitch Networks' monitoring tools, data, and records.
- Service Credits will be granted to the billing account Leapswitch Networks has on file for the service in question, issued as a credit note. This note can be used against future bills for the same service. If the service agreement with Leapswitch Networks ends or is terminated before a Service Credit is issued, then the credit will be nullified as of the termination or expiration date.
- You will not qualify for a Service Credit if: (i) there are overdue payments on your account for the service, (ii) you were in breach of the Terms of Service at the time of the incident, or (iii) the incident resulted from your failure to adhere to your security obligations as outlined in the Terms of Service.
- The Service Credits described herein represent your exclusive remedy for any service disruptions or other issues during your term of service with Leapswitch Networks, or for any claims related to this SLA. Under no circumstances will the total of Service Credits issued in any given month surpass the total monthly bill for the Leapswitch Networks Services.
Exclusions from Service Availability Metrics
A Leapswitch Networks Service is considered "Unavailable" or in a state of "Unavailability" if it lacks external connectivity. The following circumstances (each, an "Unavailability Exclusion") will not be included in the calculation of service availability:
- Scheduled maintenance or maintenance that has minimal impact;
- Unavailability caused by misuse of the service by the customer;
- Unavailability due to the customer's infrastructure, equipment, software, or other technologies, or those of third parties (excluding third-party equipment under Leapswitch Networks' direct control);
- Issues arising from the use of outdated versions of the Leapswitch Networks Services or third-party software, or failure to apply important updates;
- Disruptions caused by third-party service providers, including telecommunications, internet, or other essential services, or issues like packet loss or internet problems beyond Leapswitch Networks' primary network infrastructure;
- Denial of service attacks, viruses, hacking attempts, or bugs for which no reasonable, known solution exists (even if a workaround is available); and
- Acts of God or other events beyond Leapswitch Networks' direct control or that could not have been mitigated with reasonable care.
Leapswitch Networks will make every effort to notify customers in advance of any downtime, including scheduled, recurring, or negligible impact maintenance. However, this may not always be possible. Interruptions due to emergency maintenance will be treated as scheduled maintenance provided that (1) Leapswitch Networks informs you as soon as possible and (2) the downtime does not exceed three (3) hours in any given month.