Knowledgebase

Nexus Bytes LLC is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA), which provides certain rights and remedies regarding the performance of the Nexus Bytes LLC network. The Nexus Bytes LLC Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Nexus Bytes LLC's Web Hosting, Dedicated Server and Virtual Private Server services.

UPTIME GUARANTEE:

Nexus Bytes LLC strives to maintain a 99.999% network and service uptime level, and guarantees at least 99.9%. This uptime percentage is a monthly figure and is calculated solely by Nexus Bytes LLC monitoring systems or Nexus Bytes LLC authorized/contracted outside monitoring services. If Nexus Bytes LLC fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Nexus Bytes LLC does not credit a full month's service for minor downtime. This would not be financially healthy for Nexus Bytes LLC, and in turn, would only negatively affect the service level Nexus Bytes LLC provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Nexus Bytes LLC may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

EXCEPTIONS:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Nexus Bytes LLC network caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any a governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
• Backbone peering point issues.
• Scheduled maintenance for hardware/software/network upgrades.
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Nexus Bytes LLC utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of Nexus Bytes LLC.
• Network floods, hacks, attacks from outside parties or individuals.
• Failure or error of any Nexus Bytes LLC monitoring or measurement system.
• Acts or omissions by Client, including without limitation, any negligence, willful misconduct, or use of Nexus Bytes LLC service(s) in breach of Nexus Bytes LLC Policy and Service Guidelines (AUP), by Client or others, authorized by Client.

CONNECTIVITY:

Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of Nexus Bytes LLC resources, is a violation of this policy. Any attempt to harm equipment owned by Nexus Bytes LLC, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.

ILLEGAL USAGE RESTRICTIONS:

Nexus Bytes LLC's goal is to make the Nexus Bytes LLC network available to Clients, free of outages, as best possible. An outage is defined as an instance in which Client is unable to transmit and receive IP packets due to a Nexus Bytes LLC service failure for more than 15 consecutive minutes, excluding service failures relating to Nexus Bytes LLC's scheduled maintenance and upgrades. The Nexus Bytes LLC network does not include client premises equipment or any Telco access facilities connecting premises of Client to such infrastructure. Nexus Bytes LLC's goal is to keep Average Packet Loss on the Nexus Bytes LLC network to 1% or less. Nexus Bytes LLC defines Average Packet Loss, with respect to a given month, as the average percentage of IP packets transmitted on the Nexus Bytes LLC network during such month that are not successfully delivered, as measured by Nexus Bytes LLC.

MEASUREMENT:

Nexus Bytes LLC will periodically (on average every 5 minutes) monitor Nexus Bytes LLC's network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact the path traversed by Internet connection of Client and that such measurements constitute measurements across the Nexus Bytes LLC network but not other networks to which Client may connect. Nexus Bytes LLC reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Nexus Bytes LLC and made available to Client.

HARDWARE FAILURE:

Nexus Bytes LLC stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Nexus Bytes LLC utilizes only name brand hardware of the highest quality and performance. Nexus Bytes LLC will replace all faulty hardware affecting performance levels of equipment within 24 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee and may require on-site Cisco™/Juniper™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Nexus Bytes LLC contracts with Cisco™/Juniper™ and backbone providers in regard to the emergency repair service in case of such an issue. Nexus Bytes LLC will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Nexus Bytes LLC will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

CREDITS :

Credit requests must be made on the Nexus Bytes LLC web site, by submitting a ticket to our billing department titled "Service Level Agreement (SLA) Request". Each request in connection with network/server outages/downtime must be received by Nexus Bytes LLC within 2 days of the occurrence. The total amount credited to a Client for Nexus Bytes LLC not meeting SLA service levels will not exceed the service fees paid by Client Nexus Bytes LLC for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Nexus Bytes LLC's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Nexus Bytes LLC. Upon request of Client (in accordance with the procedure set forth below), Nexus Bytes LLC will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Nexus Bytes LLC and confirmed by Nexus Bytes LLC's measurement reporting.

SLA CREDIT :