Service Level Agreement
WHOA Networks shall not be responsible for failure to meet the Service Level Agreements contained herein if such failure is caused by (i) WHOA Networks’ reasonable reliance on the Customer’s direction; (ii) the failure of the Customer to deliver to WHOA Networks accurate data in a timely manner;(iii) any acts by Customer or Customer’s agents that caused an interruption in Customer’s ability to use the WHOA network; (iv) failure of Customer to reasonably cooperate with WHOA Networks in addressing any service issues or (v) any system interruption due to network outages from third party telecommunication providers.
1. Support Requests: WHOA Networks live support will be available 24 hours per day, 7 days per week, year round. You may request support by opening a support ticket via the customer portal on www.WHOA.com or by calling the support line provided on the customer portal.
2. Response Times: We will respond to your support requests made via ticket or telephone based on severity according to Section 4 below:
a. MONITORING RESPONSES: server and service down alerts will be acknowledged based on severity according to the table in Figure 1 below;
b. TICKET RESPONSIVENESS: Customer questions made in tickets will be acknowledged within one hour. Resolution times are dependent on the particular circumstances and are not guaranteed;
c. RESTORE REQUESTS: Customer restore requests will begin within 2 hours provided that the destination location is available, and the requested data is available in the backup repository. We will respond to you via support ticket, telephone call, or both depending upon the severity of the situation and consistent with any procedures we have established with you for your account.
3. Remedy: If we fail to meet the response time commitments stated in this “Support” section, you are entitled to a $50 credit per event, up to 100% of your monthly recurring fee for the affected hosted system for any calendar month. The response time commitments stated above do not apply to support requests made without a valid WHOA system generated ticket.
Severity 1 – Critical: Critical connectivity*, system or infrastructure failure. Business and revenue loss enterprise-wide. Ticket or Phone Contact every 1hr until resolution. 30 Minute Response 24X7X365. Customer and WHOA will both commit full-time resources to resolve the situation.
Severity 2 – Urgent: High impact issue with enterprise-wide effects. Connectivity or system failure involving business loss and/or work stoppage. Ticket or Phone Contact every 2hr until resolution. 60 Minute Response 24X7X365. Customer and WHOA both will commit full-time resources to resolve the situation.
Severity 3 – Major: Major issue involving Non-work stoppage. Significant user and business impact. Ticket Contact every 4hrs (During WHOA Standard Business Hours) until resolution. 90 Minute Response from 9am to 6pm Monday through Friday. Customer and WHOA are willing to commit resources to restore services to satisfactory levels.
Severity 4 – Minor: Non-critical issues. Standard problems with no work-stoppage, downtime or having any major business impact. Ticket Contact every 24hrs (During WHOA Standard Business Hours) until resolution. 4 Hour Response from 9am to 6pm Monday through Friday. Customer and WHOA are willing to commit resources to provide information or assistance as requested.
*Inability to access the Internet for the purpose of sending or receiving Internet traffic; or send or receive data across a WHOA supported private network.
5. Network: The data center network will be available 99.999% of the time. “Network” means the portion of the network extending from the virtual edge device to the outbound port on the border router and includes WHOA Networks managed switches, routers, and cabling. Network availability is defined as the ability to pass TCP/IP traffic within the WHOA Datacenter(s) network infrastructure.
6. Remedy: If WHOA Networks fails to meet any of the commitments stated in this “Data Center” section and the failure adversely affects your hosted system, you are entitled to a credit in the amount of 5% of your monthly recurring fee for the affected hosted system per half hour of power outage or network downtime, up to 100% of the monthly recurring fee for the affected components for any calendar month.
For purposes of this section, “hardware” means dedicated server hardware, firewalls, and load balancers, but not Storage Area Networks (“SAN”).
7. Hardware Repair or Replacement: WHOA Networks will begin efforts of repairing or replacing failed hardware components provided by WHOA Networks within one (1) hour of problem identification by WHOA Networks. This commitment does not include the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reload the operating system, reload and configure applications, and/or restore from backup (if necessary).
8. High Availability Network Device Solution. A “high-availability” network device solution means two devices within a single data center (such as a firewall, load balancer, router, or switch) configured in a fail-over configuration. High availability network device solutions will be available 99.999% of the time. WHOA Networks will work with you to test the reliability of the high availability solution as part of the implementation process; proper testing must be completed for this commitment to apply.
Remedy: If WHOA Networks fails to meet the commitments stated in this “Hardware Replacement” section and the failure adversely affects your hosted system, you are entitled to a credit in the amount of 5% of your monthly recurring fee per 4 hours of downtime (after the one hour from problem identification referenced in section 7), up to 100% of the monthly recurring fee for the affected component for any calendar month.
Restoration of Backed Up Data
We will back up your data only if you have purchased data backup services, otherwise Customer is solely responsible for ensuring that its data is backed up in the event of an outage. There is no resolution guarantee and no guarantee of backup integrity.
10. Data Backup: Unless a custom backup solution is agreed to in advance, backups will be performed to a shared Managed Backup Infrastructure on a scheduled basis. Backups will be retained for the time agreed in the service description or other written agreement.
11. Data Restoration: We will initiate restoration of your data stored onsite within two (2) hours of the time that you request the restore via a support ticket.
REMEDY: If we fail to restore the data that you have selected for backup in accordance with the standards stated in this “Restoration of Backed up Data” section, you are entitled to a service credit of $50 per event, up to 100% of your monthly recurring fee for the affected configuration for any calendar month.
12. Availability Monitoring: WHOA Networks will monitor servers for system availability. General server availability is monitored via our internal monitoring platform. You will be alerted via ticket or customer portal notification.
13. Fault Monitoring: WHOA Networks monitors status events on servers and network devices including network availability and capacity.
14. Notification of Monitoring Alerts: We will notify you of monitoring alerts within the time frames stated in the “Support” section above.
Monthly Maintenance Window Schedule:
15. WHOA.com is committed to ensuring a stable environment is provided to our customers by performing monthly infrastructure patches, routine maintenance and other maintenance tasks per the schedule below. Duration of the windows for each date is 4-8 hours. Generally, our maintenance windows are every 3rd Friday of each month, excluding December which has no maintenance scheduled. Maintenance windows will be communicated 24 hours in advance via email. Urgent maintenance windows may occur from time to time and WHOA will notify customers within 24 hours of these windows. WHOA.com will also communicate the completion of all Urgent Maintenance windows.
16. Managed Anti-Virus and Anti-Malware: If your subscription service includes Managed Anti-Virus and Anti-Malware, WHOA Networks shall use commercially available anti-virus and/or anti-malware software and will use best efforts to keep these products up to date on customer systems. WHOA Networks shall not be responsible for failure of the product(s) to detect, defend, or protect customer systems from virus or malware related issues.
17. Patch Management: If your subscription service includes Patch Management, WHOA Networks shall use commercially available patch management software and will use best efforts to keep in-scope and subscribed products up to date on customer systems. WHOA Networks shall not be responsible for failure of the product(s) to detect, defend, or protect customer systems from virus or malware related issues or issues resulting from specific configurations that relate to the lack of patching on customer systems.
18. Compliance related Professional Services: If your subscription service includes Compliance related Professional Services, WHOA Networks shall not be responsible any issue that results on the use of our professional services staff or related services. These services shall be deemed advisory in nature and shall not be relied upon for any type of legal, tax, or corporate advice.
19. Sensitive Data Scanning: If your subscription service includes Sensitive Data Scanning, WHOA Networks shall use commercially available and/or custom-built software and/or scripts to scan in-scope customer systems for sensitive data such as credit card numbers (for PCI customers), or Social Security Numbers (for HIPAA customers). WHOA Networks shall not be responsible for failure of the product(s) or script(s) to detect or report on the existence of sensitive data on customer systems.
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