NOTE: This SLA is current as of February 7, 2012.

1. General

1.1. This document is a service level agreement ( SLA ) setting out the levels of services to be provided by CyberLynk to the Customer under this agreement and compensation for failure to meet those service levels.

1.2. In this SLA a reference to a paragraph, unless stated otherwise is a reference to a paragraph of this SLA.

1.3. In this SLA words, abbreviations and expressions have the meanings as set out below:

Availability - All the time in any calendar month for which the network and any service equipment is not subject to any service affecting faults, and is therefore Available .

Business Day - Shall mean every day excluding Saturdays and Sunday and national holidays in the USA 

CDR - Means the committed data rate for each port set out in the service Order Form and provided as part of a Service.

Fault - Shall mean a material defect, fault or impairment in a service, which causes an interruption in the provision of the service

Non-Service Affecting - Means not materially affecting the performance or quality of the service

Service Affecting - Means causing full or partial loss of the ability to transmit or convey data

Third Party System - Means a telecommunication system that is neither owned nor operated on behalf of CyberLynk

1.4. This SLA only applies to the service to the extent that it is provided by means of systems and equipment that are either owned or operated by or on behalf of CyberLynk. All references in this SLA to network and service equipment shall be construed as references to such systems and equipment.

1.5. CyberLynk shall not be liable to pay compensation under this SLA where its failure to meet any of its obligations under this SLA is a caused by a force majeure event, by a failure in the customer equipment, or by any act or omission of the customer, or third party acting on its behalf.

1.6. Credits or other compensation under this SLA shall only be payable where. (a) The Customer has submitted to CyberLynk a claim in writing identifying the circumstances in which the customer claims that the credit or compensation arose, and (b) CyberLynk has agreed in writing, acting reasonably and without undue delay, to that claim. All credits so payable shall be applied to the customer s account to be reconciled at an agreed time following CyberLynk s agreement to the claim. All claims for credits or compensation must be submitted promptly, and in any event within 10 business days, after the circumstances giving rise to the claim.

1.7. The maximum monthly credit available under this SLA is limited to an amount not greater than one month's fees; furthermore residual credits will not be carried over to subsequent 12 month periods. The service credit shall be the customer's sole and exclusive remedy for any CyberLynk service outage or any failure to meet the service objectives.

1.8. CyberLynk reserves the right to amend the SLA from time to time. CyberLynk shall give the customer not less than 1 months notice of any changes in the SLA. Customers will be notified by email and details of the SLA will be posted in the legal portal.

2. Provisioning of Service

2.1. CyberLynk shall provide the service by the service commencement date set out in the service order form. If CyberLynk is unable to commence provisioning of the service by the service commencement date, it shall credit the customer with 10% of the activation charge set out in the service order form.

2.2. For every further business day that CyberLynk is unable to commence provisioning of the service, it shall credit the customer with an additional 5% of the connection charge, up to a maximum of 25%.

3. Network Availability

3.1. CyberLynk guarantees that the network shall have 99.999% Availability. If the availability falls below 99.999% in any month, CyberLynk will credit the customer with one days free service for each accumulated hour when the network is not available, subject to the maximum of the standard monthly service charge for that service.

3.2. CyberLynk shall not be obliged to pay compensation in accordance with this paragraph 3 where availability falls below 99.999% because of routine or emergency maintenance on the network or the service equipment pursuant to paragraph 7.

4. Infrastructure Guarantee

4.1. CyberLynk guarantees that the critical infrastructure systems, including power and HVAC, will be available 99.999% of the time in a given month, excluding scheduled maintenance. CyberLynk will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee).

4.2. Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, which form part of the co-location facility.

4.3. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and CyberLynk records such failure in the CyberLynk monitoring system.

5. Hardware Guarantee

5.1. The hardware guarantee covers hardware provided by CyberLynk on a rental basis.

5.2. CyberLynk guarantees the functioning of all rented hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once CyberLynk identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 4 hours of problem identification. In the event that it takes us more than 4 hours to replace faulty hardware, CyberLynk will refund the customer 5% of the monthly fee per additional hour of down time (up to 25% of customer's monthly fee). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

5.3. In the event of hard disk or fatal operating system failure CyberLynk will perform Initial install of standard OS distributions and supported preinstalled software.

5.4. The security of the Dedicated Server and customer data remain the sole responsibility of the customer, who should perform such backups and maintenance to software running on the Server to maintain its integrity. While CyberLynk will perform upgrades of Dedicated server software as we deem necessary to provide continued service, we accept no responsibility for damage to data or loss of service however caused (for instance, as a result of hardware failure or malicious "hacking").

6. Fault handling / Response Time Agreements

6.1. CyberLynk offers response time agreements, during the business day (8.00am to 5:00pm, Monday to Friday - Central Time) as follows: You can call us at 1-800-862-5965 and expect a prompt answer, you will be able to speak to a member of the Technical Support Department who will be familiar with your account and services. You can expect to be able to speak to a network engineer normally right away and always within 2 hours. You can expect an initial response within two hours of a logged service interruption call.

6.2. CyberLynk offers response time agreements, outside of the business day 24x7 as follows: After your account has been processed you will receive a Welcome Letter via email that will contain your Network Support information. You will receive two cell phone numbers for two network engineers. A network engineer will call you normally straight away and always within 2 hours. You can expect an initial response within two hours of a logged service interruption call.

6.3. Third party Interconnects - Any connections provided by a 3rd party supplier in order to complete the solution will be governed by the SLA offered by that supplier. CyberLynk have carefully chosen our preferred suppliers based on their ability and track record, in order to provide a good quality, reliable solution.

6.4. Where the whole or any part of any Service is provided by means of a third party system, CyberLynk shall, to the extent that it is able to do so, pass on the benefit of any service levels to which it is entitled from that provider of that third party system in accordance with paragraph 1.6 but shall not otherwise be liable to meet the service levels set out in this SLA in respect of that Service (or the relevant part thereof).

7. Network and Service Equipment Maintenance

7.1. CyberLynk may suspend the Service to carry out Periodic maintenance or upgrade work on the Network or Service Equipment, this will be carried out during the maintenance windows as defined in paragraph 7.4.

7.2. Except in the case of an emergency CyberLynk shall provide the Customer with 5 business days notice of any suspension of the service under paragraph 7.1. If it fails to provide the appropriate notice, the customer shall be entitled to a credit of one day s free Service.

7.3. As far as possible CyberLynk shall endeavor to ensure that any disruption or interruption to the service is kept to a minimum. CyberLynk shall endeavor not to suspend the service for planned maintenance or upgrade work more than 12 times in any calendar year and the Customer shall be entitled to one day s free service for each additional service suspension for such work. CyberLynk shall endeavor to ensure that planned maintenance or upgrade work does not exceed a total of 24 hours in any calendar year and the customer shall be entitled to a credit of one day s free service for each additional hour of service suspension for such work.

7.4. The standard for the CyberLynk maintenance window for planned outages is between midnight and 7am, local time as at node location in question. CyberLynk will try to accommodate the customer requirements in terms of outage times, however, depending on the circumstances this may not always be possible. Outage times will be quoted using the Central Time zone to prevent mistakes being made over the various time zones.

8. Reporting

CyberLynk will provide the Customer with near real-time Performance and status reports.

8.1. The items reported upon are: 

• Availability of the Service 
• Throughput and utilization of the Customer s ports