INGRAM MICRO CLOUD SERVICES SERVICE LEVEL AGREEMENT ("SLA")
Last modified date: June 8, 2015 Version 1.2
This Service Level Agreement ("SLA"), as amended from time-to-time, applies only to the following Ingram Micro Services (the "Services") purchased by an Ingram Micro reseller customer ("Ingram Micro Reseller"):
- Ingram Micro Web Hosting
- Ingram Micro Virtual Private Servers (VPS)
- Ingram Micro Hosted Exchange Email
- Ingram Micro Virtual Machines (VM)
Based on the terms and conditions set out in this SLA, Ingram Micro Reseller may be entitled to receive a service credit (the "Service Credit") with respect to the availability of the Services ("Service Availability") purchased by Ingram Micro Reseller.
All Service Credits are subject to compliance with the terms and conditions of: (i) the Service Agreement, (ii) Ingram Micro's Acceptable Use Policy, (iii) any third party service or software provider end user license agreement or terms, including but not limited to the Microsoft EULA, (iv) VPS Support Policy, and (v) this SLA.
Ingram Micro provides an Service Availability Uptime Guarantee of 100% (the "Uptime Guarantee") for the Services, calculated on a monthly basis and subject to the exclusions below.
Service Availability Monitoring
Ingram Micro monitors its servers and the Services as a whole from within Ingram Micro's service environment but does not monitor individual mailbox, mobile device, webspace, VPS or Virtual Machine availability. To verify Hosted Microsoft Exchange Service Availability, Ingram Micro uses a combination of methods including but not limited to POP3, IMAP4, inbound and outbound SMTP, Exchange HTTP access availability and internal mail flow monitoring between anti-spam & anti-virus and Exchange servers. For other services including Web Hosting, VM Hosting and VPS Hosting, Ingram Micro verifies Service Availability using a combination of methods including host-level HTTP. These checks are run on predetermined intervals with specific failure thresholds with respect to the service being provided. If two or more consecutive tests fail, the lack of Service Availability will be noted as the number of minutes between the first and the last failed tests. Any unavailability less than five minutes in duration will not be recorded.
Downtime caused by any of the events noted below will be excluded from the Hosting Service Availability calculations ("Excused Outages"):
1. User environment issues affecting connectivity or interfering with the Services, including without limitation, user's connection to the Internet (i.e., problems with the User's Internet Service Provider, modem, cable, DSL or dial-up connection or other User Internet connectivity issues) or any other User software or equipment, User's firewall software, hardware or security settings, User's configuration of anti-virus software or anti-spyware or malware software, or operator error of User;
2. third party attacks, including without limitation, hacks, intrusions, distributed denial-of-service attacks or any other third party actions intended to cause harm to or disrupt the Services, or Ingram Micro's or its partners' servers;
3. issues related to any third party software or other third party suppliers used in conjunction with the Services (including Microsoft and BlackBerry software);
4. Force Majeure Events as described in Ingram Micro Cloud's General Terms of Service;
5. issues related to third party domain name system (DNS) or Domain Name registration errors or failures;
6. issues related to unavailability of a specific website, web service, web application, or remote connection for end-users resulting from the Ingram Micro Reseller's or users actions or third party actions when the service is otherwise deemed available by Ingram Micro including but not limited to changes in configuration, scripts or connections;
7. scheduled maintenance of the Services, conducted on a regular basis, which Ingram Micro will give Ingram Micro Reseller a minimum of 48 hours advanced notice by email or notification posted to the Ingram Micro Control Panel; and
8. emergency maintenance of the Services, not to exceed 4 hours in any month, for which Customer may not receive advanced notice.
In the event Ingram Micro fails to meet the Uptime Guarantee regarding one or more of its Services (the "Affected Service(s)"), as verified by Ingram Micro based on its monitoring logs (a "Service Outage"), Ingram Micro Reseller may be entitled to a Service Credit for future Services of the same type as the Affected Services.
For each full 1% of downtime, of verified Service Outage in any calendar month (based on a 30-day month calculation), excluding downtime caused by an Excused Outage (an "Outage Unit"), Ingram Micro Reseller will receive a Service Credit equal to 1% of the monthly subscription fees paid by the Ingram Micro Reseller for the users impacted by the Affected Service. Should a Service Outage span more than one month, the calculation of Service Credits starts over at the beginning of each month.
The Service Credit is only available to an Ingram Micro Reseller provided the following two conditions are met: (i) Ingram Micro Reseller is in good standing with Ingram Micro (i.e., is not delinquent in payments, and has not otherwise breached any of its contractual obligations to Ingram Micro), and (ii) Ingram Micro Reseller requests the Service Credit from Ingram Micro for its noncompliance with the Uptime Guarantee in writing within ten (10) days of the suspected noncompliance event.
Service Credits Payment
All Service Credits issued by Ingram Micro are non-refundable and can only be applied toward the Ingram Micro Reseller's future invoices up to a maximum of six (6) months from the date the Service Credit is issued. All unused Service Credits will automatically expire if not used within six (6) months of issuance. Ingram Micro Reseller customers/users are not entitled to Service Credits from Ingram Micro, and must go to their Ingram Micro Reseller to receive any applicable Service Credits.
Total Credit Limits
Service Credits will apply only for Ingram Micro Reseller's customer users directly affected by a Service Outage, and Service Credits may not exceed 100% of the total monthly subscription fees of the Affected Services, excluding applicable taxes. Service Credits will not be issued for any fraction of an Outage Unit and will not accrue or carry over from month to month. Notwithstanding anything set forth in this SLA, the Service Credit described herein shall be the sole and exclusive remedy of the Ingram Micro Reseller in connection with any outages, unavailability or breach by Ingram Micro of this SLA.
How to Contact Us
Ingram Micro Reseller is solely responsible for reporting problems they have with our Services. Customer Care can be reached 24 hours a day, 7 days a week at the following:
Ingram Micro Reseller Portal: https://us.cloud.im
Email Support: IMCloudServiceDesk@cloud.im
Phone: 1-844-256-8346 (1-844-CLOUDIM)