Service Level Agreement

Grey Line

UMIS’ Network Availability Service Level Guarantee

UMIS' Network Availability Service Level Guarantee ("Guarantee") is that the UMIS network shall be available 99.96% of the time. The UMIS network is the combination of UMIS operated equipment, servers, circuits, and other data transmission. UMIS takes network feeds from many different tier one Internet and telecom providers. Guarantee shall be measured based on the number of minutes that UMIS network was not available as determined by UMIS based on its figures which in turn are based on the following conditions ("Unavailability").


* North American Network Availability 99%

* European Network Availability 99.6%


If UMIS determines that the Network is Unavailable for one (1) or more consecutive hours during any calendar month, UMIS, upon the customer's request, shall credit the customer's monthly invoice the prorated charges of one (1) day of the UMIS service fee for each consecutive hour, up to a maximum of seven (7) days per month. UMIS Latency Service Level Guarantee ("Guarantee") is based on an average round-trip transmission between UMIS designated POPs for the UMIS services listed below. Latency shall be measured by UMIS averaging sample measurements taken during a calendar month between such backbone POPs.


Latency Service Level Guarantee Times are:

* Asia Pacific-North America 140 milliseconds or less

* North America 85 milliseconds or less

* Transatlantic 120 milliseconds or less

* European 85 milliseconds or less


Should UMIS fail to meet the Guarantee in two consecutive calendar months, Customer is entitled to a one (1) day prorated credit for the UMIS Service Fee for the second month and an additional one (1) day prorated credit for any consecutive month in which the Guarantee is not met.

* Asia Pacific to N.America 99% packet success

* N.American IP backbone 99% packet success

* Transatlantic IP backbone 99% packet success

* European IP backbone 99% packet success


The measurement consists of 50 100-byte pings sent every 15 minutes. A daily average shall be calculated using these 96 samples. The daily measurements shall be averaged to calculate a monthly average. Should UMIS fail to meet the Guarantee in two consecutive calendar months, the Customer shall be entitled to a one (1) day pro-rata credit for the UMIS Service Fee for the second month, and an additional one (1) day pro-rated credit for any consecutive month in which the Guarantee is not met. Each month's packet success performance statistics may be posted on the UMIS Customer Support Web Site (current customers only).


Tail Circuits

In the event of a tail circuit (the circuit connection to the Customer) failure a discretionary credit may be made by UMIS to the Customer providing that Uni-Mark is able to secure an equivalent amount from the circuit provider. Credits for tail circuit failures are at UMIS sole discretion.


Claims

To receive the credit if any of the Guarantees have not been met, Customer must email service@uk.umis.net within 14 days of the end of the month for which credit is requested. The Customer shall only be entitled to claim under one section of the Guarantee per day.


Exclusions

Network Unavailability shall not include Network Unavailability of an hour or less, or any unavailability resulting from (a) Network maintenance, (b) circuits provided by telcos or other common carriers, (c) an external Internet Service Provider or an Internet exchange point, (d) acts or omissions of Customer or an authorised user, (e) behaviour of Customer Equipment, facilities or applications, or (f) acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of UMIS. UMIS shall not extend a credit for latency or packet success failure if failure to meet the Guarantee is attributable to acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of UMIS.


Guarantee Coverage

Customers that register and have service in the applicable geographic region are covered for the following UMIS services: Web Hosting, Co-Location Hosting and Dedicated Hosting.