DefinitionsFor purposes of these CYBERLAND SLAs, the following terms have the meanings set forth below: * "Base Monthly Service Fee" consists solely of the base monthly fee paid by Customer for the affected CYBERLAND service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under CYBERLAND standard rates, hourly support, and other types of optional additional services.
Summary of CYBERLAND SLAsAs described in more detail below, this CYBERLAND SLAs provides commitments based upon goals in the following key areas:
CYBERLAND Availability100% Service Uptime Guarantee. Do to our extensive network infrastructure, CYBERLAND can provide its customers with a 100% Network Uptime Guarantee. In the event that any service does not experience 100% uptime in a given month, CYBERLAND will credit 5% of customer's base monthly service fee for the first hour of downtime and subsequently an additional 5% for each hour of downtime thereafter with a maximum of an 80% refund. Any emergency scheduled downtime taken by CYBERLAND will not apply towards this downtime calculation, nor to the credit calculation. This guarantee applies to CYBERLANDs network uptime and not to any hardware, software or services running on a customer's server. Account credits will be issued when an SLA credit request is made by the client. All requests for credits must be made within 3 days of the incident. All requests for credits must be made by creating a support ticket at: https://www.cyberland.com.bd/supporttickets.php
ExceptionsCYBERLAND cannot be held liable for server downtime or data loss in any circumstance unless due to direct negligence including but not limited to the following circumstances:
- Circumstances beyond CYBERLAND reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, 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 CYBERLAND SLAs;
- Failure to access circuits to the CYBERLAND Network, unless such failure is caused Solely by CYBERLAND;
- Scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of CYBERLAND;
- False SLA breaches reported as a result of outages or errors of any CYBERLAND uptime monitoring system; or
- Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the CYBERLAND or CYBERLAND services in breach of CYBERLAND Terms and Conditions of Service or CYBERLAND Acceptable Use Policy.
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