Definitions

1. "Day Credit" is calculated as one thirtieth (1/30) of the monthly recurring fee paid by Customer.

2. "Network Issue" means when Client is unable to transmit to and receive data from the Server at least 99.999% of the time in a given calendar month, excluding scheduled or emergency maintenance. This expressly does not include Client 's own networking equipment, switches, services, or any software running on the Server(s) that may affect the performance or availability of the network.

Availability of Systems Commitment

  • Scorpion's Network will be available to Client free of outages 99.999% of the time (excluding scheduled or emergency maintenance) in a given calendar month.
  • For the purposes of establishing this Availability of Systems Commitment requirement, scheduled maintenance shall mean the period, for each calendar week, from Saturday, 11:00 PM Pacific Time to Sunday, 2:00 AM Standard Pacific Time.
  • Support Credit: Should a Network Issue occur due to unavailability of systems, Client may request and Scorpion will issue to Client a Day Credit for each hour of such downtime. A Network Issue is measured from the time the trouble ticket, notice from Scorpion’s Network monitoring system or Client’s Network Monitoring System was received by Scorpion to the time the Server is able to transmit and receive data. For each additional one (1) hour period that the Server is not Operational due to a(the) Network Issue(s), Client may receive additional Day Credits, provided however, the total number of Day Credits available to a Client in a particular month will be limited to thirty (30).
  • If Scorpion provides service below the minimum Availability of Systems Commitment for any three (3) of six (6) consecutive months, Client will have the right to terminate this Agreement with notice within thirty (30) days following the end of the calendar month measured.

System Error

  • System errors are defined as errors that prohibit or limit a visitor to the hosted website(s) from finding needed information; these System errors will be fixed within 24 hours.
    • Support Credit: Should a Network Issue occur due to system error, Client may request and Scorpion will issue to Client a Day Credit for each noncompliance. A noncompliance is measured from the time the trouble ticket, notice from Scorpion’s Network monitoring system or Client’s Network Monitoring System was received by Scorpion to the time the system error is resolved. For each noncompliance, Client may receive an additional Day Credit provided, however, the total number of Day Credits available to Client in a particular month will be limited to thirty (30).

Responsiveness

  • Urgent Requests which includes overall systems performance issues or system errors as defined in this document. – response time < 60 minutes Monday through Sunday.
  • All other requests – response time < 24 hours Monday through Friday.
  • Support Credit: Client may request and Scorpion will issue to Client a Day Credit for each noncompliance with responsiveness times. A noncompliance is measured from the time the trouble ticket was received by Scorpion to the time Scorpion support team responds. For each noncompliance. Client may receive an additional Day Credit provided, however, the total number of Day Credits available to Client in a particular month will be limited to thirty (30). "Urgent Requests" are classified as only those requests specific to the availability of systems or system errors.

Exceptions

Client is eligible to receive credits under this SLA only if Client is in good standing with Scorpion, LLC. and is not delinquent in payment or in violation of the Agreement and provided the Client has made the Day Credit request in writing within twenty-four hours of the conclusion of the issue resulting in Client’s request for the Day Credit. Client will not receive any Day Credits under this SLA in connection with any failure caused by or associated with circumstances beyond Scorpion’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, server attack, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in Client telecommunications or third party services, the failure of any third party software, or scheduled or emergency downtime of the Scorpion Network for repair, replacement, or maintenance of any software, hardware, or network component thereof. Furthermore, Client will not receive any Day Credits under this SLA in the event that the Server is unavailable as a result of Client 's acts or omissions (or acts or omissions of other parties, including Client 's end users, engaged or authorized by Client), and this includes, without limitation, any negligence or willful misconduct, or any request to re-install anything other than the currently supported version of an operating system in connection with a hardware failure.

Client will not receive any Day Credit under this SLA for any outage or service interruption resulting from Customer's failure to timely pay fees as they become due.

Credit Request and Payment Procedures

To apply for a Day Credit, Client must email Scorpion within twenty-four (24) hours of the incident and include a description and date(s) and time(s) of the failure. Scorpion reserves the right to refuse any incomplete Day Credit requests. All Day Credits will be applied on Client's account toward future payments. Scorpion will not issue Day Credits as a refund by check or any other payment method, except upon termination of this Agreement.

Measuring and Monitoring Tools

Scorpion has in place measurement and monitoring tools that measure and report website performance of the Services against the applicable Availability of Systems Commitment. In addition, measurement of website performance of the services against the applicable Service Levels will also be measured using a service such as Pingdom or a similar service set up by Client. Client will ensure that Scorpion is included on notices, which will be provided to Scorpion personnel as designated by Scorpion.