Service Level Agreement
SquawkBox Games LLC. agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”). SquawkBox Games LLC., the company here after referred to as, (“SquawkBox Games“), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”). Use of SquawkBox Games Service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”). All provisions of this agreement are subject to change from time to time at the discretion of SquawkBox Games. Subscriber understands that change to the SLA by SquawkBox Games shall not be grounds for early contract termination or non-payment.
Server
“Server” shall be defined as a computer system on which a Client Service resides.
Network
(“Network”) is defined as all equipment, software and facilities within SquawkBox Games’s infrastructure, which includes SquawkBox Games’s contracted and leased services outsourced from its providers, which SquawkBox Games utilizes to provide its web, game server and voice server hosting services.
Monthly Uptime Percentage
“Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.
Monitoring Service
(“Monitoring Service”) is defined as the service which SquawkBox Games provides in order to monitor the status of its infrastructure, which includes networks, individual systems and other services. The monitoring service is provided via SquawkBox Games’s monitoring solutions
Downtime
“Downtime” means, for a Server, that the IP address the Client Service is attached to does not respond to ping tests or TCP port tests from other systems in the SquawkBox Games network. This indicates the Client Service is unreachable.
“Emergency Downtime” means situations where SquawkBox Games must temporarily induce downtime on a Server for events such as hardware failure, vulnerability repairs, and other such situations requiring the immediate shutdown of the system. Emergency Downtime is not considered Downtime for purposes relating to the SquawkBox Games SLA.
Scheduled Downtime
“Scheduled Downtime” refers to situations where SquawkBox Games will inform you of periods of downtime prior to the application of the Downtime. Scheduled Downtime is not considered. Downtime for purposes relating to the SquawkBox Games SLA. You will be informed through the web-based panel associated with your Client Service.
(“Scheduled Service Downtime”) is defined as scheduled interruption of service. Scheduled downtime takes place during a SquawkBox Games defined maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication (email). SquawkBox Games agrees to schedule its maintenance procedures to take place during times at which clients will be least affected, and to expedite the procedures to reduce downtime incurred.
Performance Credit
(“Performance Credit”) is defined as the amount credited to a client when 99.97% service uptime is not met. SquawkBox Games will credit the customer 5% of its monthly (pro-rated to monthly if on a term other than monthly) service fee for each 1 hour of service downtime incurred up to 99.97% of the client’s monthly service (rental) fee. Performance credit, or SLA credit, is issued entirely at the discretion of SquawkBox Games and is only applicable should the service downtime be a result of a direct fault of SquawkBox Games. Performance credit is NOT applicable in the case of any sort of service attack (DDoS), hardware failure, software failure, or a failure/issue induced by the client themselves.
Max Credit
Maximum Client Service Credit. The aggregated maximum number of Client Service Credits you can claim for any Downtime periods that occur in a single calendar month shall not exceed 1 month of service credit added to your credit balance.
Uptime SLA Exclusions: This Uptime SLA does not apply to any performance issues caused by:
Factors outside of SquawkBox Games reasonable control
Factors that result from actions or inactions of you and any third parties