Updated: February 26, 2019
This Service Level Agreement (“SLA”) for Hosted Exchange Services sets forth the Service Level Agreement applicable to the Hosted Exchange Services provided to Customer by CenturyLink. This SLA is subject to and incorporated into the Agreement and the applicable Service Schedule(s) between the parties and any terms not defined in this SLA shall have the meaning set forth therein.
"Active User" is defined as a Windows 2003 login account and associated Exchange 2003 mailbox that is available for use (regardless of whether it is actually used) by Customer for the entire billing cycle.
"Customer Data" means the data and applications that are owned by the Customer and reside on the Customer's systems or equipment.
"Data Center" means the facility where the Services are performed.
"Session" means an active communications connection, measured from beginning to end, between Customer or one of its Active Users, and the Systems.
"Outage" means the accumulated time during which the Active Users are unable to establish a Session with the Systems or access Customer Data for reasons other than an Excluded Event.
CenturyLink targets an overall availability of 100% for the Services.
If Outage occurs, Customer shall be entitled to a credit (as determined below based on its Active Users) and such credit shall be applied towards the invoice that Customer receives two months following the month in which the Outage was reported. For the purpose of determining the amount of any credit, an Outage will be deemed to commence when CenturyLink opens a "trouble ticket" to track such Outage, and will be deemed to end when CenturyLink has restored availability of the Services. The Customer will not be entitled to receive a credit if (i) Customer has violated the AUP; or (ii) Customer is in breach of any provision (monetary or non-monetary) under the Agreement.
The amount of the credit will be determined as follows:
Customer must request any credit due hereunder within thirty (30) days of the date it accrues (i.e. the Trouble Ticket is closed). Customer waives any right to credits not requested within this 30 day period. Credits will be issued once validated by CenturyLink and applied toward the invoice which Customer receives no later than two months following the month in which the credit accrued.
The applicable SLA provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. The SLA and any remedies hereunder will not apply and Customer will not be entitled to receive a credit in the case of an Excluded Event. Excluded Event means any event that adversely impacts the Service that is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink; (c) Force Majeure events; (d) scheduled maintenance; (e) any suspension of Service pursuant to the Agreement; or (f) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information.
The credits set forth herein are not cumulative and in no event will the credits accrued in any calendar month exceed, in the aggregate across all events, thirty percent (30%) of the invoice amount for the Affected Service.