
This SLA applies to customers with signed annual
or minimum period six month pre-paid Sales Agreements
only.
This agreement covers the following named hosted
service(s):
• OutlookNow
• SharePointNow
• ProjectNow
• SQLNow
• DesktopNow
• OfficeNow
• WWWNow
• WordNow
• ExcelNow
• PowerPointNow
• SageNow
• Site Hosting Services
• Dedicated Web Site Hosting Services
to which you (“Customer”) have subscribed.
After the Stabilisation
Period (defined below), the Services will
meet or exceed the performance objectives set
forth in this Service Level Agreement.
Availability
A "Service Outage" shall mean that the
Services were not available because:
1. The TSGI Hosted Service was unable to achieve
100.0% uptime. For purposes of this Service Level
Agreement, 100.0% uptime shall mean that the TSGI
Hosted Service will deliver reliable Services
and shall not become unavailable due to an outage
for more than 30 consecutive minutes.
2. The Web-based user interface, applications
programming interfaces (API) or other Customer-accessible
data access or manipulation software are unavailable
for one or more consecutive hours, thereby preventing
the Customer (or the Customer's applications)
from being able to reasonably add, delete or modify
their email, shared documents, web content or
other stored data as normally associated with
the specifications for such Hosted Services.
The following downtime events shall not be considered
part of a Service Outage:
1. Regularly Scheduled Maintenance. Regularly
Scheduled Maintenance shall mean any maintenance
performed to the TSGI Service of which Customer
is notified 48 hours in advance, or that is performed
during a standard maintenance window of 11:00PM
to 6:00 AM GMT. Notice of Scheduled Maintenance
will be provided to Customer's designated point
of contact by a method elected by TSGI by e-mail
or telephone.
2. For Dedicated Services, scheduled Customer
Requested maintenance of any type. For the purposes
of this Service Level Agreement, Dedicated Services
means TSGI Hosted Service that is hosted specifically
for a customer using dedicated application servers
or other equipment which are not shared with other
customers.
3. Unavailability of the Services due to Customer
misuse, configuration errors, application programming
errors, failures of programs or processes associated
with client specific custom or third party application
programs of any type including failures which
result in excessive CPU utilisation, non-performance,
service suspensions due to late or missing payments,
negligent or unlawful acts by Customer or its
agents or its suppliers, problems with Customer's
registrar, problems with non-TSGI provisioned
DNS or other third party zone transfer technologies,
network unavailability due to failure of upstream
switches, hubs, communications facilities or other
essential services supplied by third parties including,
but not limited to, upstream service and communications
suppliers or events of force majeure.
4. Unavailability of the Services due to mechanical
or electronic failure of client supplied equipment
of any type.
For TSGI supplied dedicated servers only:
• Unless your dedicated server solution
includes high-availability load-balanced and/or
clustered hardware, this SLA does not apply if
your service is unavailable due to the mechanical
or electronic failure of dedicated equipment.
• Regardless, this SLA does not apply to
dedicated server solutions of any type unless
your hardware deployment includes RAID 1, RAID
5, RAID 10 or a TSGI provisioned SAN (Storage
Area Network) or NAS (Network Attached Storage)
solution.
TSGI, in its sole discretion, shall determine
whether an event will be considered a "Service
Outage" based on its records and data.
For the purposes of this SLA a Service Outage
begins a) for services monitored by TSGI through
either an internal or external monitoring service,
immediately upon receipt of the associated SMS
or pager notification.
For services not monitored by TSGI, immediately
upon receipt of your transmitted pager, SMS, telephone
or other TSGI recognised notification of a service
outage (which ever notification arrives first).
Notifications transmitted by email only without
a prior notification by pager, telephone or other
contact device are not, for the purposes of this
SLA, accepted as notification of an outage.
For more information on contacting TSGI during
a service outage, see: Contacting TSGI for Emergency
Technical Support
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Remedies
When Customer becomes aware of a Service Outage,
Customer shall open a trouble ticket with TSGI
Customer Support within two (2) calendar days.
If TSGI determines in its reasonable commercial
judgment that the Service Outage event lasted
for more than 30 minutes but less than 60 minutes,
upon Customer's request, TSGI will credit Customer's
account a pro-rated value equal to the 2% of the
Customers monthly invoice amount.
If TSGI determines in its reasonable commercial
judgment that the Service Outage lasted for 60
minutes or longer TSGI, upon Customer's request,
will credit Customer's account the pro-rated charges
for 10% of the Customers regular monthly invoice
amount.
Credits are applied once per outage to a maximum
value of your monthly hosted service fee (or,
in the case of prepaid services, for a value pro-rated
to equal one months hosted service fees) for the
services affected by the outage only.
To qualify for any credit, Customers must have
a current and valid subscription for the Services
affected and must have an account in good standing
i.e. paid within normal credit terms.
TSGI will not provide any credits to customers
that have purchased or acquired Services through
a reseller, distributor, or indirectly through
any other company.
Credits will not apply to any TSGI Professional
Services, custom services, or to charges for services
other than the Monthly Fee for the Services for
which Availability was not met.
Credits are applied to reduce the net amount of
future invoices only.
Customers with subscriptions for more than one
Service will not receive credits for unaffected
Services. Customer's account shall not be credited
more than once per month under this Service Level
Agreement.
This is the sole and exclusive remedy if TSGI
does not meet the commitments set forth in this
Service Level Agreement.
Stabilisation
Period Definition
The Stabilisation Period is a period of thirty
(45) days beginning on the date the Customer is
deployed onto the Services, during which TSGI
and Customer work to configure several variables
in order to meet full operational performance
parameters.
During the Stabilisation Period, the service level
guarantees shall not apply.
TSGI Hosted Service
Definition
The TSGI Hosted Service is defined as the combination
of servers, hardware and associated software that
are responsible for delivering a Service.
TSGI reserves the right to modify this Service
Level Agreement from time to time.
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