Last modified on 03.01.2014
Service Level Agreement applicable to the ProDNS Service provided by EuroDNS S.A.
This service level agreement ("SLA") defines the performance parameters and quality level of the ProDNS Services provided by EuroDNS to the Customer under the Agreement. This document aims to clarify the Customer's responsibilities as well as the procedures the Customer shall follow to benefit from the warranty given by EuroDNS.
This Service Level Agreement, the Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the "Agreement"). To the extent there is a direct conflict between these terms and the General Terms and Conditions or the Specific Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions and the Specific Terms and Conditions shall have the same meaning in this Service Level Agreement.
Notwithstanding article 7 of the ProDNS Service Specific Terms and Conditions, EuroDNS commits to the service level availability for the ProDNS Services defined hereafter ("Service Level Commitment").
For the avoidance of doubt, the Customer acknowledge and agree that the Service Level Commitment solely applies to the ProDNS Services and not to EuroDNS DNS servers which are available free of charge.
The Service Level Commitment shall apply as set forth herein.
The ProDNS Services are guaranteed to be available as specified in article 3 here below. The ProDNS Services will be considered unavailable if all of the ProDNS servers made available to the Customer fail simultaneously to respond to DNS queries for more than twenty six (26) consecutive seconds within the same monthly period.
An outage is deemed to commence upon EuroDNS verification of a disruption of the ProDNS Service ("Outage") as reported by the Customer pursuant to the outage procedures (the "Outage Report") outlined in article 6 hereof. An Outage is deemed to end when at least one of the ProDNS servers respond to DNS queries, less any delay experienced due to the Customer 's failure to timely provide any necessary information to EuroDNS for the restoration of the ProDNS Service.
The ProDNS Service Level Commitment shall be of 99,999% calculated on a monthly basis.
In case of Outage, the Customer shall be awarded credits on their Credit Account in accordance with the following table and the computation method detailed in article 5 below (the "Credit Note")
Notwithstanding article 7 of the ProDNS Service Specific Terms and Conditions, EuroDNS commits to the service level availability for the ProDNS Services defined hereafter ("Service Level Commitment").
For the avoidance of doubt, the Customer acknowledge and agree that the Service Level Commitment solely applies to the ProDNS Services and not to EuroDNS DNS servers which are available free of charge.
The Service Level Commitment shall apply as set forth herein.
The ProDNS Services are guaranteed to be available as specified in article 3 here below. The ProDNS Services will be considered unavailable if all of the ProDNS servers made available to the Customer fail simultaneously to respond to DNS queries for more than twenty six (26) consecutive seconds within the same monthly period.
An outage is deemed to commence upon EuroDNS verification of a disruption of the ProDNS Service ("Outage") as reported by the Customer pursuant to the outage procedures (the "Outage Report") outlined in article 6 hereof. An Outage is deemed to end when at least one of the ProDNS servers respond to DNS queries, less any delay experienced due to the Customer 's failure to timely provide any necessary information to EuroDNS for the restoration of the ProDNS Service.
The ProDNS Service Level Commitment shall be of 99,999% calculated on a monthly basis.
In case of Outage, the Customer shall be awarded credits on their Credit Account in accordance with the following table and the computation method detailed in article 5 below (the "Credit Note")
| Availability | Awarded Credits |
|---|---|
| <99,999% onwards | 0% |
| 99,8% | 50% |
| 99,7% | 100% |
| 99,6% | 250% |
| 99,5% and below | 500% |
For any monthly period during which EuroDNS will fail to abide by the Service Level Commitment, the Customer shall be entitled to claim a Credit Note for an amount equal to part of the net monthly fee paid by the Customer for the ProDNS Service for the monthly period preceding the one during which the Outage occurrence has been confirmed by EuroDNS. The Customer understand and agree that only the net monthly fee pertaining the ProDNS Service and excluding any other fee, will be taken in account for the compensation computation.
To qualify for a Credit Note, the Customer must have a current and valid subscription to the ProDNS Service and have paid all applicable fees at the time of the Outage occurrence.
Further, the Customer Account shall be in good standing in the sense that it is in full compliance with the Contractual Terms and does not bear any unpaid invoice.
The Customer understand and accept that the awarding of the Credit Note shall be the sole and exclusive remedies the Customer will be entitled to if EuroDNS does not abide by the Service Level Commitment.
In order to request a Credit Note from EuroDNS, the Customer shall create a so-called support ticket through EuroDNS support system available on EuroDNS Site ("the Outage Report").
To be considered by EuroDNS, an Outage Report shall be created within five (5) calendar days following the reported outage and:
In any cases where the Outage Report will be considered as valid by EuroDNS, the Customer will be granted the applicable credits on their Credit Account within the two (2) months following the month during which the Outage occurred.
The Customer understand and agree that Outage Report shall be made in good faith and commit to abstain from submitting unfounded Outage Reports.
The Customer further agree that EuroDNS may levy an hundred (100) euros fee for any unfounded Outage Report submitted by the Customer.
EuroDNS in its sole and absolute discretion, shall determine whether an event shall be considered an Outage.
Seules les ressources entièrement et directement sous le contrôle d’EuroDNS ne sont prises en compte pour déterminer de la Disponibilité du Service Professional DNS. Aussi, le Client accepte et comprend que toutes les ressources qui ne sont pas essentielles au fonctionnement du Service Professional DNS sont exclues du champ d’application de l’Accord de Niveau de Service (les « Dysfonctionnements autorisés).
Sont ainsi considérés des Dysfonctionnements Autorisés, toute interruption du Service Professional DNS résultant directement ou indirectement: (a) de l’action ou la négligence du Client ; (b) de la défaillance des équipements du Client ; (c) de toute défaillance ou mauvais fonctionnement des matériels et logiciels qui ne sont pas sous le contrôle direct d’EuroDNS ; (d) d’un événement qui ne peut raisonnablement être prévu par EuroDNS comme par exemple mais sans que cela soit limitatif : une coupure de courant, une défaillance ou une interruption des lignes de télécommunication, une attaque réseau, une surcharge du réseau ou toute autre défaillance similaire ; (e) d'une opération de maintenance prévue.
Availability of the ProDNS Service shall be measured only for the resources fully and directly under EuroDNS' control. The Customer understand and agree therefore that EuroDNS non-essential resources are expressly excluded from the scope of the Service Level Commitment. (an "Excused Outage").
Consequently the following case of unavailability of the ProDNS Service shall bee deemed an Excuse Outage: (a) caused by act or omission of the Customer; (b) due to failure of the Customer hardware; (c) caused by the failure or malfunction of any equipment or software that is not fully under EuroDNS' control; (d) resulting of an event not reasonably foreseeable by EuroDNS, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network overload or other failures or (e) caused by a regular maintenance.