This Agreement provides the right under certain circumstances specified below, for a Customer to receive Service Credits in the event of failure by EverData to provide Services to the Customer in accordance with the Agreement.
Customer acknowledges that EverData has the expertise and knowledge to provide the Services. The Customer has shown his interest in availing the Services provided by Service Provider by accepting the terms and conditions mentioned in this Agreement and the standard of the Service as provided in this SLA.
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DEFINITIONS
In this SLA, the following words and expressions, unless inconsistent with the context, shall bear the meanings assigned thereto:
“Downtime” (“D”) shall mean the duration of the Service Outage, calculated in aggregate number of hours in respective month. Where if EverData identifies the service outage, the downtime begins from there on or if customer identifies and a Trouble Ticket is raised from the occurrence of Service Outage, the time period for Downtime begins upon start of Service Outage and ends when the Trouble Ticket is closed by EverData subject to due confirmation from the Customer on resolution of the outage. The time periods are calculated on basis on the number of outages per respective month and excluding the events covered under headings Exceptions to this SLA which shall not for the purposes of this SLA be included while measuring Downtime.
“Exceptions” shall mean all the events as mentioned in this SLA and shall include either an event or a set of events, any occurrence and the duration of occurrence of which shall not constitute a Service Outage or Downtime for the purposes of this SLA.
“Emergency Maintenance” shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Service etc. as the case may be and has to be attended immediately. EverData shall try to notify the Customer about the emergency maintenance in advance, whenever feasible.
“Facility” means the facility located at office of EverData in Jaipur where EverData provides space, racks for placing the servers.
“Fees” means the amount invoiced by Service Provider.
“Network” means the portion of internal computer network owned or operated on behalf of EverData that extends from the outbound port on a Customer’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.
“Actual Uptime” (“A”) shall mean the aggregate percentage of Total Uptime Hours in respective month during which the Services is actually made available for use by Customer.
“Representatives” means any person who is nominated or appointed by the Customer to visit the Facility center.
“Service Credits” shall mean services which the Customer would be entitled on account of failure of the EverData to provide Services as per the standards mentioned in this Agreement.
“Service Catalogue” shall contain all or any of services/facilities viz., back up facility, dedicated firewall facility, hardware monitoring facility, help desk support, load balance server, network and power uptime, OS management, shared firewall service and Version Control described in Annexure A to this SLA which may be availed by the Customer.
“Service Outage” shall mean an unscheduled disruption/failure in any Service offered by EverData as per this Agreement, due to which Customer’s server is un-accessible to Customer. The outage of Services due to, but not limited to the following shall be a Service Outage; Customer is unable to transmit to or receive information from his network equipment because EverData failed to provide facility services to its network equipment including, switch, router, firewall etc. Failure of Services like Internet connectivity, IDC LAN etc. shall also be treated as Service Outage.
“Setup Charges”: means all charges which may be incurred by EverData for installing the server or any other expenses incurred for the commencement of Services to the Customer.
“Support Desk” shall be the location where the Customer should report a fault. Details of the same are mentioned in Schedule B to this SLA, or if changed, may be intimated from time to time by EverData to the Customer.
"Total Uptime Hours" shall mean 24 hours 365 days a year (year is defined as period of 365 days)
“Trouble Ticket” means issuing a ticket with a unique identification number confirming the Customer complaint logged in with EverData in relation to a Service Outage faced by the Customer.
2. EXCEPTIONS
The following events do not constitute a Downtime and shall not be eligible to be considered for any Service Credit:
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Interruption due to scheduled maintenance, alteration, or implementation, where the Service Provider provides at least Two days prior notice and to the Customer and also interruption due to Emergency Maintenance; The usual scheduled maintenance time is the early hours of the morning i.e., between 1am to 6am. The usual maintenance time would not be more than two hours.
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Hardware failure
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Failure of the Customer links, internet connectivity or end user software, access circuits, local loop or any network not owned or managed by EverData.
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DNS Issues not in scope and control of EverData.
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Negligence or other conduct of Customer or its authorized persons, including a failure or malfunction resulting from applications or services provided by Customer or its authorized persons;
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A shut down due to circumstances reasonably believed by EverData to be a significant threat to the normal operation of the Services, EverData’s facility, or access to or integrity of Customer data (e.g., hacker or virus attack);
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Failure or malfunction of any equipment or services not provided by EverData;
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Any abuse or fraud failure to comply with the Acceptable User Policy on the part of Customer and its authorized persons.
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Any problems outside the Service Provider Facility Network.
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Any interruptions, delays or failures caused by Customer or Customer’s employees, agents, or subcontractors, such as, the following:
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Inaccurate configuration.
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Non-compliant use of any software installed on the server.
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Customer initiated server over-utilization.
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Any problems related to the attacks on the machine such as hacking, attacks, and exploits.
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Any specific services not part of Services.
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Force Majeure event.
24 * 7 Customer support: Our support office is open 24 hrs a day, 7 days a week and 365 days a year. We offer support by trouble ticket, live chat, phone and email.
30 Minute Reboot Guarantee: Should your server stop responding it's vital for your business to get it rebooted as quickly as possible. We guarantee that we will reboot your server within 30 minutes - 7 days a week, 365 days of the year. Simply put in a reboot request via your Control Panel and we'll do the rest.
99.95% Connectivity – Guarantee: Thanks to the power and resilience of the Everdata Data Center network infrastructure, we can guarantee that our network will be available 99.90% of the time. If you find that we fail to meet this promise, we will credit 1 day's service for every hour that connectivity has been unavailable over and above 0.1% of the month, extending in value up to a maximum of your monthly subscription charge.
Bandwidth Guarantee: We guarantee that we'll always have enough bandwidth available to service every single customer at their full capacity, so your site will never be slowed down by oversold bandwidth.
Credits: Any credits offered under the SLA will be allocated to your Everdata Data Center account. Any claim under the SLA must be made within 30 days of the event; claims following this time cannot be authenticated and hence no credit will be awarded. Customers are therefore requested to notify Everdata Technologies Pvt. Ltd. of any network downtime immediately and upon confirmation that the network was unavailable as a result of Everdata Data Center's actions, a credit under the SLA will be calculated from the time that the network downtime was reported. In the unlikely event we fail to achieve the hardware resolution guarantee, we will credit one day's service for every thirty minutes taken over this time up to a maximum of your monthly subscription charge.
Other terms and conditions:
Period of Service: Minimum of 3 months from the Date of Activation
Server Delivery: Server access will be provided within 7 to 10 working days after the payment confirmation from the billing department.
Billing: Billing date will be started from the very same day when you get the server access as this is our company norm.
Payment Terms:The Service charges are as per the terms and conditions mentioned in quotation. All payments have to be remitted before 7 days of the due date as mentioned in the bill. Everdata Technologies Pvt. Ltd. reserves the right to discontinue the services in case of delay in or non-payment of the billed charges.
Variation of Prices and Terms & Conditions: Everdata Technologies Pvt. Ltd. reserves the right to change, from time to time, the service pricing structure and terms & conditions of the contract by giving no less than 30 days’ notice of the change, in writing.
Arbitration: In case of any unresolved disputes arising out of the provisioning of EVERDATA DATA CENTER’s services, or from the terms of this contract, either party may pursue any remedy it may have at law. All such arbitration would be carried out within Jaipur City limits.
Force Majeure: If at any time during the continuance of Everdata Data Center’s services, the performance in whole or part, or any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lockout, or act of God etc., the subscriber shall not have any claim for damages against Everdata Technologies Pvt. Ltd. in respect of such non - performance or delay in performance of Everdata Data Center’s services.
Other Conditions: Everdata Data Center’s services may be used only for lawful purposes. Transmission, distribution or storage of any material that is adult in nature, causes security threat to the nation or is religiously defamatory or is in violation of any applicable law or regulation, is prohibited. The servers will be monitored regularly and in the event of any observed deviations, all contracted services will be discontinued without prior intimation to the customer.
Compliance with Acceptable User Policy: Everdata Technologies Pvt. Ltd. has issued its Acceptable User Policy, as attached along with this document. The customer is expected to honour the clauses stated in the policy. From time to time, any amendments to this policy will be posted on our web site and the customer in principle should be aware of these changes and should agree to the clauses stated.
Termination of Services: The Customer reserves the right to terminate the agreement and service by giving a 30 days’ notice in writing.
Acceptable User Policy: The Acceptable User Policy agreement specifies actions that are prohibited by Everdata Technologies Pvt. Ltd. to users and customers of Everdata Data Center Network and services. Everdata Technologies Pvt. Ltd. reserves the right to modify, without notification, clauses of the policy at any time. The policy is available on the web site of EVERDATA DATA CENTER, and any use of the Everdata Data Center network and/or services after posting of changes on the said website will be considered acceptance of those changes.
General Conduct:
Everdata Data Center’s network including all its services shall be used only for lawful purposes. Users should not at any point in time use Everdata Data Center’s network for transmission or distribution of material in conflict with any applicable laws at any point in time. This includes without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization and material that is obscene (pornographic), defamatory, viruses or other harmful components that constitute an illegal threat or violations of export control laws.
System and Network Security:
Everdata Data Center's System and Network security should not be violated at any point in time. This is prohibited. Everdata Technologies Pvt. Ltd. will investigate incidents of any such violations and stringent action will be initiated with the law enforcement agency. Network or system security breach examples would include:
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Unauthorized access to or use of data, systems or network that is Everdata Data Center specific.
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Unauthorized monitoring of data or traffic on any network or system without written consent of the owner of the data.
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Interference with service to any user, host or network intentionally.
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The use of the network by users for anti-national activities would be construed as an offense punishable under the Indian Penal Code or other applicable law. The networks cannot be used in such a manner as to endanger or make vulnerable a networked infrastructure. Acts such as break-ins or attempted break-ins of Indian networks shall be regarded as an anti-national act and shall be dealt with in accordance with the Indian Penal Code.
E-Mail:
Users are prohibited from sending unsolicited e-mail messages, including, without limitation, bulk, commercial, advertising or informational announcements ("Spam") in a way that could be reasonably expected to adversely impact the network of other users. Users may not use the network for:
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Sending e-mails intended to harass or annoy others
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Continue to send e-mails to someone who doesn't wish to receive them.
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Send e-mail with forged TCP/IP packet header information
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Send or receive e-mail messages in a manner that violates the usage policies of any other Internet service provider.
VOIP/ Internet Telephony:
The customer is required to be totally aware of all rules and regulations concerning these services. These rules are to be adhered to at all times. Everdata Technologies Pvt. Ltd. shall not be responsible for any breach of such rules/regulations.
Suspension / Termination:
Users, which Everdata Technologies Pvt. Ltd. determines to have committed violation of any element of this Acceptable User Policy shall be subject to immediate suspension or termination of service without further notice and Everdata Technologies Pvt. Ltd. may take such further action as it solely determines to be appropriate under the circumstances to eliminate or preclude such violation, and Everdata Technologies Pvt. Ltd. shall not be liable for any damages of any nature suffered by any customer, user or any third party resulting in whole or in part from Everdata Technologies Pvt. Ltd.’s exercise of its rights under these policies.
24x7x365 Live Customer Support
Our dedicated Support team is ready to support all your technical issues, round the clock 24*7*365 (that means 24 hrs a day, 365 days a year)
Phone Support:
IND: +91-141-4145454
Mob: +91-982-915-1699
Online Live Chat Support
Visit any of our website and click on the button (image) that says “Click here for live chat” Put your contact details in next form and select the department you want to communicate.
Support Ticket System
Login to your billing system and then click on the link – “Open a support ticket”. Once submitted, your ticket will be replied by one of our support executive in next 30 minutes. You will get notification of this reply by Email.
