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Service Level Agreement

This Agreement is effective the date on which Service Order Form (SOF) is placed and Customer accepts the terms as mentioned in the Master Service Agreement (MSA) and this Service Level Agreement (SLA) which forms part of the SOF. This Agreement is between Web Werks hereinafter referred to as “Service Provider” and the Customer, and is valid for a term as stated in the SOF. The terms of this Agreement shall apply only to those Services which are referred in the SOF and any Supplemental Services agreed by both the Parties.

This Agreement provides the right – under certain circumstances specified below, for a Customer to receive Services Credits in the event of failure to provide Services by the Service Provider to the Customer as mentioned in SOF in accordance with (i) the MSA, (ii) Service Provider’s AUP and (iii) this SLA, each of which is incorporated herein by reference and made a part hereof (collectively the “Documents“)

Service Provider and the Customer shall be referred collectively as “Parties”. Unless the context otherwise requires, all capitalized terms used but not otherwise defined herein shall have the meanings as found in MSA. Other terms may be defined elsewhere in the text of this Agreement and, unless otherwise indicated, shall have such meaning throughout this Agreement. All capitalized terms used in this Agreement defined in the MSA and the SOF and not defined hereunder shall have the same meaning as defined in the MSA or the SOF. The Service Provider reserves the right to change the terms and conditions of this Agreement with respect to the Services to be provided by Service Provider to Customer.

Customer acknowledges that the Service Provider has the expertise and knowledge for providing the Services as mentioned in the SOF. The Customer has shown his interest in availing the Services provided by Service Provider by completing the SOF by accepting the terms, conditions as mentioned in the MSA and the standard of the Service as provided in this SLA.

Service Provider agrees to provide the services to Customer as detailed in SOF for an Initial Period as mentioned in SOF and for said period the Customer has agreed to pay the amount as agreed in the SOF.

1.   DEFINITIONS

In this Agreement, the following words and expressions, unless inconsistent with the context, shall bear the meanings assigned thereto:

Customer  Area”:  means  the  rack  or  any  space  provided  by  Service  Provider  to Customer where the server of Service Provider is located for the purpose of providing Services.

“Downtime”  (“D”)  shall  mean  the  duration  of  the  Service  Outage,  calculated  in aggregate number of hours in any year. The time period is calculated on the basis of the Trouble Ticket  initiated by the Customer and ending when the Trouble Ticket is closed by Service Provider subject to due confirmation from the Customer on resolution of the outage. The time periods are calculated on basis on the number of outages per year and excluding the events covered under headings Exceptions to this SLA which shall not for the purposes of this SLA be included while measuring Downtime.

“Exceptions” all the events as mentioned in clause 3 herein and shall mean either an event or a set of events, any occurrence and the duration of occurrence of which shall not constitute a Service Outage or Downtime for the purposes of this SLA.

“Emergency Maintenance” shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Service etc. as the case may be and has to be attended immediately. Service Provider shall try to notify the Customer about the emergency maintenance in advance, whenever feasible.

“Facility”: The facility is located at office of Web Werks Datacenter in Mumbai where

Service Provider provides space, racks for placing the servers.

Fees”: means the amount invoiced by Service Provider other than the Initial Term fees to be paid to by the Customer for use of services provided by Service Provider.

Master Service Agreement”:  means the agreement which the  Customer had acknowledged and agreed to the terms mentioned therein.

“Network”: means the portion internal computer network owned or operated on behalf of Service Provider that extends from the outbound port on a Customer’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.

“Actual Uptime” (“A”): is the aggregate percentage of Total Uptime Hours in a year during which the Services is actually made available for use by Customer.

Representatives”: means any person who is nominated or appointed by the Customer to visit the Facility center.

“Service Credits” shall mean services which the Customer would be entitled on account of failure of the Service Provider to provide Services as per the standards mentioned in this Agreement.

“Service Catalogue” shall contain all or any of services/facilities viz., back up facility, dedicated firewall facility, hardware monitoring facility, help desk support, load balance server, network and power uptime, OS management, shared firewall service and Version Control described in Annexure A to this SLA which may be availed by the Customer along with the Services as mentioned in the SOF from Service Provider.

“Service Outage” shall mean an unscheduled disruption/failure in any Service offered by Service  Provider  as  per  this  Agreement,  due  to  which  Customer’s  server  is  un- accessible to Customer. The outage of Services due to, but not limited to the following shall be a Service Outage. Customer is unable to transmit to or receive information from his network equipment because Service Provider failed to provide facility services to its network equipment including, switch, router, firewall etc. Failure of Services like Internet connectivity, IDC LAN etc. shall also be treated as Service Outage.

“Space”: The Portion of rack which is leased/licensed to Customer for placing their server.

“Setup Charges”: means all charges which may be incurred by Web Werks for installing the server  or  any  other  expenses  incurred  for  the  commencement  of  Services  to  the Customer.

“Support Desk” shall be the location where the Customer should report a fault. Details of the same are mentioned in the clause 9 of this SLA, or if changed, may be intimated from time to time by Service Provider to the Customer.

Total Uptime Hours” shall mean 24 hours, 365 days a year. (Year is defined as period of 365 days)

“Trouble Ticket” means issuing a ticket with a unique identification number confirming the customer complaint logging in with Service Provider in relation to a Service Outage faced by the Customer.

2.   SCOPE OF THE SERVICES

2.1 Service  Provider  will  provide  the  Services  as  per  the  services  opted  by  the Customer in the SOF, details of all the services  are provided in the Service Catalogue which is provided in Annexure A along with this SLA.

2.2 Service Provider assures that it shall provide its immediate support and assistance in the event of any disruption in the Services being provided by Web Werks. The manner and time frame for troubleshooting and the timelines for the resolution of the problems are mentioned in the Annexure A of this Agreement.

2.3 Services will be provided  to  the  Customer by the Service Provider with the infrastructure available at its data center which consists of the following:

  • Uninterrupted and Continuous Power
  • Capability to provide 99.995 % SLA
  • 3 Layer Security System
  • Carrier Neutral Datacenter
  • ISO 9001:2008 Certified

2.4 Service  Provider  assures  the  Customer  99.995 %  uptime  availability  of  the Infrastructure including Power* and Cooling** covered by this SLA. Hardware Uptimes SLA would be 4 hours resolution from the time of detection of hardware problem either by the service provider help desk or by the customer. Subject to clause 3 of this Agreement, in the event the Service Provider fails to provide the Customer with the Services required by the Customer in accordance with the Agreement, such failure resulting from complete unavailability of Service Provider Network, such events will be treated as “Qualified Network Downtime Event” for which Service Provider will issue the Customer a Service Credit – calculated as per method provided in clause 2.5.

*Exclusions

  • Servers without Redundant Power Supply (RPS).
  • Servers without Redundant Power Supply (RPS) would carry 99.995% Uptime SLA. The Service credit calculation method and Service credits remains the same as mentioned in the Clause 2.5.
  • Servers Designated as Self-Managed or Unmanaged
  • Software Crashes affecting hardware.

** Service provider assures to provide cooling @ 22°C (+/-) 5°C and Humidity levels

@40% (+/-) 10%.

2.5 If the Actual Uptime (A) calculated is less than 99.995 %, the following Credits shall be due to Customer:

A >= 99.995 % No Credits

A= 99.995 % < 99.95% 2 days equivalent service credit for the Service period affected calculated on a prorate basis.

A= 99.9% < 10 days equivalent service credit for the Service period affected calculated on a prorate basis

Calculation of Actual Uptime %   =        Total Uptime Hours –Actual Uptime   x 100.

Total Uptime Hours

3.   EXCEPTIONS

3.1 The following events do not constitute a Downtime and shall not be eligible to be considered for any Service Credit:

a.   Interruption due to scheduled maintenance, alteration, or implementation, where the Service Provider provides at least 12 hour prior notice;

b.   Failure of the Customer links, internet connectivity or end user software, access  circuits,  local  loop  or  any network  not  owned  or  managed  by Service Provider.

c.   Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, Software, and configuration

d.   Time taken during offline backups.

e.   DNS issues not in scope and control of Service Provider.

f.    Negligence  or  other  conduct  of  Customer  or  its  Authorized Persons, including  a  failure  or  malfunction     resulting from applications or services provided by Customer or its Authorized Persons;

g.   A  shut  down  due  to  circumstances  reasonably  believed  by  Service Provider to   be   a   significant   threat   to the normal   operation   of   the Services,  the  Service Provider’s  facility,  or  access  to  or  integrity  of Customer data (e.g., hacker or virus attack);

h.   Failure or malfunction of any equipment or services not provided by Service Provider;

i.    Failure of Customer to purchase minimum redundant systems necessary to support this warranty; or

j.    Failure  in  notifying  the  Service  Desk  about  service  outage  within  15 minutes of the outage as mentioned in clause 6.1 (a)

k.   Any abuse or fraud failure to comply with the Acceptable User Policy on the part of Customer and its Authorized Persons.

l.    Any utilized Scheduled Service Downtime.

m. Any problems outside the Service Provider Facility Network.

n.  Any  interruptions,  delays  or  failures  caused  by  Client  or  Client’s employees, agents, or subcontractors, such as, but not limited to, the following:

  • Inaccurate configuration.
  • Non-compliant use of any software installed on the server.
  • Client initiated server over-utilization.
  • Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

o.   Any specific services not in customer opted plan.

p.   Force Majeure event

4.   SERVICE CREDIT

4.1 Service Provider agrees that it shall provide for the requisite service credits to the Customer in the event of it not being able to provide the Services for which it had already received the payments.

4.2 Service Provider agrees that on occurrence of any event as mentioned in clause

2.2 the Customer would be eligible to request a Service Credit on compliance of the terms as mentioned in clause 6.1.(a) of this SLA. Any delay by the Customer or any acts contrary to the clause 6.1(a) will result in an automatic waiver of Service Credit under this SLA.

4.3 Customer shall be eligible for Service Credit for only those Downtime which has occurred a month prior to the date of claim and the maximum Service Credit to which Customer shall be entitled is as mentioned in clause 6.1.(c). The Customer shall not be entitled to any other Service Credits in respect of such Downtime for other months during the pendency of such Service Credit.

5. PAYMENT TERMS

5.1 The Customer shall pay all the charges for the term as opted by him in the SOF in advance which includes setup charges, yearly recurring charges and other supplemental charges for any Supplemental Services provided during the Initial Term on or before the Service Commencement Date.

5.2 The details of the charges are mentioned in the SOF which forms part of this Agreement.

5.3 All the payments terms mentioned in this Agreement and the obligations of the

Parties detailed in MSA shall be followed in true spirit.

6.  PROCEDURE FOR AVAILING SERVICE CREDITS

6.1 Whenever the Customer encounters Service Outage, the following procedure should be followed;

  • The Customer should contact the Service Provider “Support Desk” within 15 minutes of the outage and shall request for a Trouble Ticket number immediately and track the Trouble Ticket number till the Trouble Ticket is closed on resolution of the outage.
  • The Service Provider on the receipt of the issue of Trouble Ticket to the Customer shall have a background check to verify if the Customer is eligible for the Service Credit.
  • If Service Provider in its reasonable commercial judgment believes that it has failed to provide the Services as per the scope mentioned in clause 2.2, the Service Provider shall credit the customer’s account the prorated base charges from the day the Trouble Ticket is issued to Customer till the Trouble Ticket is closed on resolution of the outage.

6.2 Service Credit will issue on the first day of the following Service Outage period.

7. WARRANTIES OF SERVICE PROVIDER

7.1 Warranties of Service Provider

7.1.1 Service Provider warrants that it shall perform and provide Services in a professional and workmanlike manner in accordance with this Agreement.

7.1.2 No other warranties are expressed or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose.

7.2 Warranties of Customer

7.2.1 Customer  warrants  that  it  has  unrestricted  right  to  use  the  Services provided by Service Provider and shall be used for legal purpose and not for any illegal purposes against the policy mentioned in AUP.

7.2.2 The  Customer  will  not  do  any  voice  communication  from  anywhere to anywhere  by means  of  dialing a      telephone  number (PSTN/ISDN/PLMN)  as  defined   in   National Numbering plan. The customer will not originate the voice communication service from a Telephone  in  India  and/or  terminate  the  voice  communication  to any Telephone within India .

7.2.3 The Customer  will  not  establish  any  connection  to any public switched Network in India and/or established gateway between Internet & PSTN/ISDN/PLMN in India and  will not use any dial up lines with outward dialing facility from Nodes.

7.2.4 Customer  acknowledges  and  will  not  establish  any  interconnectivity between  ISPs  who  are  permitted  to  offer  Internet  Telephony Services and  the ISPs    who    are    not permitted to offer  Internet Telephony Services

8. LIABILITY

8.1 Customer agrees that the Service Provider shall not be deemed negligent, at fault or liable in any respect for any delay, interruption or failure in performance hereunder resulting from fire, flood, water, the elements, explosions, acts of God, war, accidents, labour disputes, strikes, shortages of equipment or suppliers or other causes beyond the reasonable control of the Parties delayed or prevented from performing.

8.2 Customer  shall  indemnify  and  hold  harmless  Service  Provider,  its  agents, contractors and employees from and against any and all claims, liability, damage, loss or expenses of whatever nature which may arise out of the negligent or intentional acts or omissions of Customer, its agents, employees, contractors or Authorized Persons.

8.3 The Customer agrees that notwithstanding anything contained in this Agreement the liability of the Service Provider on account of any claim or cause of action arising on account of breach any of the terms of this agreement shall be limited to the amount of fees paid by the Customer. The limitation set forth in this clause shall apply to all causes of actions or claims in the aggregate, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. Further, the Customer shall enforce any such claim on, referred to in this clause within one month of the alleged breach having taken place. The Service Provider and the Customer expressly acknowledge and agree that the limitations and exclusions contained herein represent agreement of the Parties as to the allocation of risk between the Parties in connection with Service Provider’s obligations under this Agreement.

Authorized Representative of customer and Web Werks have read the foregoing and all documents incorporated there in and agree and accept such terms effective as of the date written below:

Customer Web Werks India Pvt. Ltd.:
Signature: Signature:
Name: Name: Mr. Nishant Rathi
Designation: Designation: Director
Date: Date:

 Annexure A to SLA

The following Services will be provided by the Service Provider when ordered. In the event there is a disruption in Service or alarm is triggered, the troubleshooting and resolution of the problem in respect of each Service shall be as follows:

1. Back Up Service

Web Werks provides back-up service using state-of-the-art back-up infrastructure and backup software. The backup is done on a dedicated SAN/NAS/Tape box.

Web Werks may offer free back up of 10GB per month with retention time of 7 days only. This back-up is offered for any flat file systems as chosen by the customer. The customer can specify the files to be backed up after the system goes live.

Back-ups will be weekly incremental and monthly full. Eg:

Week 0 – Full Backup
Week 1 – Full Backup
Week 2 – Full Backup
Week 3 – Full Backup
Week 4 – Full overwriting week Zero.

2. Dedicated Firewall

Service Includes:

Management of the Firewall, which forms the core component of all the above services, covers the following activities:

24 x 7 monitoring of firewall functionality

Maintenance (Add/ Delete/Modify) and management of the customer specific policies on the Firewall. Any change to the customer specific configuration is only done on authorization from the customer.

System administration for firewall, including updates and hot fixes that affect performance of firewall

Firewall configuration data backup (once a week or whenever there is a configuration change)

Copies of  log file reports upon request for customer records for the past seven days*

* Daily log analysis is provided as optional services and treated as professional service. This service will be quoted separately based on the request by the customer.

Services Not Included

  • Load balancing
  • Direct access to Network engineering
  • Permanent archival storage of log files

Systems Supported

  • Cisco
  • Checkpoint
  • Juniper

Troubleshooting & Resolution Times

Priority Priority Definition Mean Time to Assist(MTTA) Mean Time to Repair(MTTR ) Updates
High Out of Service –Eg: N/W,Device Down, Power Down or Infrastructure down at Web Werks Datacenter Premises. 15 minutes* 4 Hours 30 Minutes
Medium Partial/Intermittent Service Interruptions – Eg: System , N/W performance degraded but still functioning. (For services being provided by Web Werks and inside its premises) 30 minutes * 8 Hours 1 Hour Interval
Low All Change requests, Access Requests etc. 1 Hour * 24 Hours 4 Hours

* Time starts when the problem is detected by Web Werks Help Desk team or reported by the customer and ends on assistance/repair as applicable

3. Hardware Monitoring

24/7  Server  Monitoring  (CPU,  Memory,  Disk,  Network)  ,  24  x  7  x365

Availability Monitoring (ICMP Ping), 24/7 Port Monitoring (HTTP, SSH, FTP, SMTP) , Alerts on threshold violation.

In the event of a downtime related to hardware failure (H/W supplied by Web Werks), Web Werks will provide hardware resolution with 4-hour resolution.

Web Werks reserves the right to disconnect the customer’s server in the event that the customer’s server security is compromised, till such time as any security compromises have been rectified. These compromises may include such events as Denial of Service attacks, unauthorized broadcasts, Virus / Trojan / Worm infections, etc.

Web Werks takes no responsibility for a virus infection though anti-virus is included, since the anti-virus is a third party product.

Reporting and Trouble Shooting

Priority Priority Definition Mean Time to Assist (MTTA) Mean Time to Repair (MTTR ) Updates
High Out of Service –Eg: N/W,System Down, Power Down or

Infrastructure down at Web Werks Datacenter Premises.15minutes*4 Hours 30 Minutes Medium Partial/Intermittent Service Interruptions – Eg: System , N/W performance degraded but

still functioning. (For services being provided by Web Werks and

inside its premises) 30 minutes*8 Hours 1 Hour Interval Low All Change requests, Access Requests etc. 1 Hour *24 Hours  4 Hours

4. Help Desk Support

24 x 7 x 365 Help Desk Support, trouble ticket system , incident response.

Trouble Reporting and Resolution Times
Customer will be contacted when Web Werks is tracking a problem in the event that an alarm is triggered.  Customer will be kept abreast of problem resolution status. Web Werks will prioritize the problem situation and resolve based on the severity of the problem.

5. Infrastructure , Network and Power Uptime :

Web Werks Datacenters offer

Uninterrupted and Continuous Power

  • 3 Layer Security System
  • Carrier Neutral Datacenter

ISO 9001:2008 Certified.

Web Werks commits a 99.995 % uptime commitment on Infrastructure, Network and Power and cooling components.  In the unlikely event of a violation of the uptime commitment, customers are eligible for service credits as per the nature and duration of the outage as per the standard SLA.

Reporting and Trouble Shooting

Priority Priority Definition Mean Timeto Assist


(MTTA)Mean Time to Repair

(MTTR )Updates HighOut of Service –Eg: N/w,Power or infrastructure is down at Web Werks Datacenter Premises.15 minutes*4 Hours30 Minutes Medium Partial/Intermittent Service Interruptions – Eg: N/W

performance degraded but still functioning. (For services being provided by Web Werks and inside its premises)30 minutes *8 Hours 1 Hour Interval Low All Change requests, Access Requests etc. 1 Hour *24 Hours 4 Hours

* Time starts when the problem is detected by Web Werks Help Desk team or reported by the customer and ends on assistance/repair as applicable

6. Load Balancer Services

Services Description

Web Werks will set up, operate and manage the Load Balancers for the Customers.   Service offerings include the following –

  • Configuration of Load balancer
  • Shared / Dedicated Load Balancer as per requirement
  • 24 x 7 monitoring of Load Balancer functionality
  • Copies of log file reports upon request for customer records for the past seven days*
  • System administration for the Load Balancer, including updates and hot fixes that affect performance
  • Configuration data backup (once a week or whenever there is a configuration change)

Services Not Included

  • Direct access to Network engineering
  • Permanent archival storage of log files

Systems Supported

  • Radware / Cisco CSS Coyote Point
  • BIG IP / Foundry -Brocade

Reporting and Trouble Shooting

Priority Priority Definition Mean Time toAssist


(MTTA) Mean Time to Repair

(MTTR ) Updates High Out of Service – System Down, significantly affecting Customer15 minutes*4 Hours 30 Minutes Medium Partial/Intermittent Service Interruptions – System performance severely degraded but still functioning 30 minutes *8 Hours 1  Hour Interval Low Non-Service  Affecting 1 Hour *24 Hours 4 Hours

* Time starts when the problem occurs as per logs (under managed services) or reported by the customer (Unmanaged or Co-Location Services) and ends on assistance/repair as applicable

DISCLAIMER

Web Werks will use reasonable efforts to resolve problems as quickly as possible.  As Web Werks offers this service based on a combination of third party Hardware & Software, Web Werks will not offer any service credits to the Customer in case of non-availability of his web site due to a problem with the Managed Load Balancing Services.  In such cases, Web Werks will work with the customer to remedy problems at the earliest.

7. Shared Firewall Services

Service Includes:
Management of the Firewall, which forms the core component of all the above services, covers the following activities:

  • 24 x 7 monitoring of firewall functionality
  • Only public IP will be provided to the customers behind Shared Firewall
  • Only standard ports (like Web, FTP,Mail, DNS) will be opened in Shared Firewall. Maximum of 5 policies can be added for each client.
  • Client will have one port assigned to him.

Services Not Included

  • Direct access to Network engineering
  • Permanent archival storage of log files
  • NAT / VPN Service
  • No dedicated Security Policy

Reporting

Customer will be contacted when Web Werks is tracking a problem in the event that an alarm is triggered. Customer will be kept abreast of problem resolution status. Web Werks will prioritize the problem situation and resolve based on the severity of the problem.

Reporting and Trouble Shooting

Priority Priority Definition Mean Time to Assist (MTTA) Mean Time to Repair (MTTR ) Updates
High Out of Service –Eg: N/W,Device Down, Power Down or Infrastructure down at

Web Werks Datacenter Premises. 15 minutes* 4 Hours 30 Minutes Medium Partial/Intermittent Service Interruptions – Eg: System , N/W performance degraded

but still functioning. (For services being provided by Web Werks and inside its premises) 30 minutes *8 Hours 1 Hour Interval Low All Change requests, Access Requests etc.1 Hour *24 Hours  4 Hours

*Time starts when the problem is detected by Web Werks Help Desk team or reported by the customer and ends on assistance/repair as applicable

DISCLAIMER

While Web Werks Security experts will help the Customer in resolving Security issues, Web Werks does not take responsibility for any loss as a result of a security incident.

8. OS support for various Operating Systems 24×7.

Set Up Process

Details  
Operating Software Provisioning

OS hardening (One Time Activity)

Critical patch integration

Server rack setup

Infrastructure equipment setup

Power wiring and circuit setup

IP Address allocation


OS Management Services  :

  • Server Monitoring and Management
  • Disk space Management
  • MONITORING  OF  SYSTEMS  DISK  SPACE  CAPACITY  AND UTILIZATION.
  • SWAP SPACE AVAILABLE

Performance Management for

  • Disk and Network I/O
  • CPU Utilization

Application of patches and upgrades as and when released by OS vendors (Subject to confirmation by customer)

The customer would be informed about all patch update within 24 Hrs from the time of intimation of new patches being available to our service delivery time.

OS Supported

  • Windows
  • Linux

Troubleshooting & Resolution Times

Priority Priority Definition Mean Timeto Assist Mean Time toRepair Updates
    (MTTA) (MTTR )  
High Out of Service –Eg: N/W,System Down, Power Down or Infrastructure down at Web Werks Datacenter Premises. 15 minutes* 4 Hours 30 Minutes
Medium Partial/Intermittent Service Interruptions – Eg: System , N/W performance degraded

but still functioning. (For services being provided by Web Werks and inside its premises)30 minutes *8 Hours 1 Hour Interval Low All Change requests, Access Requests etc.1 Hour *24 Hours 4 Hours

* Time starts when the problem is detected by Web Werks Help Desk team or reported by the customer and ends on assistance/repair as applicable

Terms and Conditions

Web Werks reserves the right to modify the server manufacturer at any time. In the event that Web Werks changes the server manufacturers, customers are assured that the specifications contracted will remain the same. Please contact us for details pertaining to any other server configurations that might be available.

Note: Incase Web Werks has not provided the licensed software, it is the responsibility of the Customer to provide licensed software. Web Werks does not take any responsibility if the customer has not complied to any laws of Licensing.

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