Cloud VPDC Services Agreement
Use of Cloud VPDC Services from Us (the "Services") constitutes agreement to these terms (the "Agreement") and to the Terms of Service published by Us from time to time, which together constitute the entire and only agreement between Us and You with respect to the Services and supersede all other communications and agreements with regard to the subject matter hereof.
1. 99.999% Service Level Agreement "SLA"
Colosseum Online Inc. offers its Clients a 99.999% cloud infrastructure and network uptime guarantee for Customer satisfaction purposes and also to ensure that Your business is running problem-free. Colosseum Online Inc. will try to maintain maximum uptime. Colosseum Online Inc. is not responsible for any downtime caused by the Client.
2. SLA Remedy
For each cumulative hour of downtime or fraction thereof in any monthly service period, at Client's request Client's account shall be credited for the pro-rated charges for one day of the Colosseum Online Inc. monthly Fee for the service with respect to which the 99.999% network uptime guarantee has not been met, to a maximum of one month credit during any monthly service period.
This SLA does not cover (without limitation): (a) network performance to Client's physical location or Internet access point (such as a local DSL/cable modem); (b) failures due to denial of service attacks; (c) downtime during scheduled and/or emergency maintenance windows; or (d) any downtime in connection with any failure caused by or associated with circumstances beyond Colosseum Online Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in Client telecommunications or third party services, or the failure of any third party software.
4. Customer-provided SQL Server Licenses
Customers who choose to provide their own licenses for SQL Server on a VM must have Software Assurance (SA) for their SQL Server licenses. In addition, the customer is required to be in compliance with Microsoft licensing in all other ways at all times. This is the responsibility of the customer and Colosseum Online Inc. is not responsible for this.
Client must cancel the Services using the ‘Cancel’ links in your Client Area of the Colosseum Online Inc. website. To provide the best protection for your data, all VMs/Templates, etc. in your cloud environment must be terminated before the Services can be cancelled. The Services are cancelled upon confirmation with you by ticket. Cancellation of a service does not relieve Client of responsibility for the payment of all accrued charges. The Services cannot be confirmed cancelled until all due invoices have been settled. Non-confirmation of the cancelation may result in charges continuing to be levied.
UPDATED: November 26, 2013