SERVICE LEVEL AGREEMENT
Nightowlservers LLP. agrees to facilitate the maintainance of the infrastructure needed for services sold, or provided to the client as well as access to those services.
This is subject to the following (“Terms of Service”). Nightowlservers LLP., the company here after referred to as, (“Nightowl Servers “), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”).
Use of Nightowl Servers service or services constitutes acceptance and agreement to our 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 Nightowl Servers.
It is henceforth understood in basis that the Client understands that change to Nightowl Servers Service Level Agreement (SLA) shall not be grounds for the following,
early contract termination, forceful reclamation of funds, conduct in false dissemination of information or perpetuate fraudulent testiomony on public media, harass or attempt to induce any form of harm to a Nightowl Servers staff member.
1.1 SUPPORT SERVICES
(“Support Services”) are defined as the services provided by Nightowlservers to assist clients with the management and utilization of the purchased services which Nightowl Servers therin to its clients.
Nightowl Servers agrees that its staff will do its best to ensure quality and security of Nightowl Servers’ platform.
Nightowl Servers is not liable for the following cases that may affect services rendered, Client induced failure due to unsupported methods of modification, an act of god, software issues not derrived from sources controlled by Nightowl Servers, outtages or failures incurred by any third party sources used by Nightowl Servers.
For general clarity, this most commonly is applied to issues with modded/third party content.
(“Network”) is defined as all equipment, software and facilities within Nightowl Servers’ infrastructure, which includes Nightowl Servers’ contracted or leased services outsourced from it's providers in which Nightowl Servers utilizes to provide it's services.
1.3 SERVICE DOWNTIME
(“Service Downtime)” is defined as any unplanned interruption in service availability during which the client is unable to access services as described in section 1.1.
Provided that the downtime has a result of a fault of Nightowl Servers, Nightowl Servers will measure the total length of time of the unplanned service downtime during a calendar month for affected clients.
1.4 SERVICE AVAILIBILITY
(“Service Availability”) refers to the total time in a given calendar month that Nightowl Servers’ infrastructure/network is available throughout the internet, provided that the Client has established internet connectivity.
Nightowl Servers takes responsibility for the service availability within its own infrastructure, and what it has control over, however cannot be held liable for issues directly related to external providers.
1.5 SCHEDULED SERVICE DOWNTIME
(“Scheduled Service Downtime”) is defined as scheduled interruption of service. Scheduled downtime takes place during a Nightowlservers defined maintenance window, which occurs with at least one hour notice broadcasted abroad Nightowl Servers' platform -
and associated means needed to facilite notification.
Nightowlservers agrees to schedule its maintenance procedures to take place during times at which clients will be least affected, and to expedite the procedures incurred within said time span to reduce downtime incurred.
1.5 MONITORING SERVICE
(“Monitoring Service”) is defined as the service Nightowl Servers provides in order to monitor the status of Client services, which includes networks, individual systems and other services.
The monitoring service is provided via Nightowl Servers’ preferred solutions.
1.6 Pro-Rated CREDIT
(“Pro-Rated Credit”) is defined as credit given to a client when service downtime has been incurred, or uptime garuntee is not met.
Pro-Rated Credit is dispensed at the discretion of Nightowl Servers.
Pro-Rated Credit is NOT applicable in the case of any issue induced by the client.