Updated: February 26, 2019
This Service Level Agreement ("SLA") sets forth the SLA applicable to the following Intelligent Monitoring ("IM") Services provided to Customer by CenturyLink: Basic+ and Premium Intelligent Monitoring Services. The SLA does not apply to the "Basic" tier of Intelligent Monitoring Services, as all such Service tiers are defined in the applicable IM Service Guide (SG). 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.
CenturyLink shall notify the designated Customer representative within fifteen (15) minutes of any Triggering Event (the "Service Level"). If CenturyLink fails to meet the Service Level, Customer shall be entitled to a Service Credit for each instance where CenturyLink has failed to meet the Service Level as set forth in the table below ("Service Credits"). Service Credits will escalate in the event CenturyLink fails to meet the Service Level in consecutive months as follows:
|Failure to Notify Customer
within Fifteen Minutes
of a Triggering Event
(% of Monthly Recurring Charge
for Affected Service)
|Per Failure||First Month||Second Month||Third Consecutive
Month or More
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 (2) 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 shall not apply and the Customer shall not be entitled to receive a credit in the case of (a) problems with Customer systems, servers, or other Customer-supplied backup specification; (b) infrastructure, environment or other changes made by and at the initiation of Customer without notification of CenturyLink within a reasonable time period to adjust CenturyLink Intelligent Monitoring Services appropriately; (c) any period in which maintenance contracts on Customer hardware and/or software are not current; (d) any inconsistencies in the storage environment or unavailability of the Service results from changes in the Customer's source environment, including either intentional or accidental connections or disconnections to the storage environment; (e) any backup media failure, or (f) an Excluded Event. "Excluded Event" shall mean any event that adversely impacts the Service caused by (i) acts or omissions of the Customer, its employees, customers, contractors or agents; (ii) failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink; (iii) Force Majeure events; (iv) scheduled maintenance; (v) any suspension of Service pursuant to the Agreement; or (vi) 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 shall credits accrued in any calendar month exceed, in the aggregate across all events, fifty percent (50%) of the Monthly Recurring Charge (MRC) for the affected service in the applicable calendar month.
"Notification" shall be by telephone or email. Notification of an event for Basic+ customers shall be made by email notification only. Premium customer may select method of notification: email or telephone.
"Affected Service" means only the portion of the CenturyLink Intelligent Monitoring Service(s) for which CenturyLink failed to provide notification in accordance with this SLA.
"Application(s)" means the Object(s) monitored and managed on behalf of the Customer.
"Object" means any agreed-upon, designated device monitored by CenturyLink on behalf of Customer and may include: server, network device, load balancer, application, database, and operating system.
A "Triggering Event" occurs when an Application is unable to be reached by an Internet Control Message Protocol (ICMP) ping for two (2) consecutive polling intervals and/or an Application threshold is exceeded for two (2) polling intervals. Polling intervals will occur every three (3) minutes.