Hosted Email Service Level Agreement

Service Levels Agreement

This Service Level Agreement (“SLA”) applies to and governs Exchange Hosting and other remotely provided services as Accelera Solutions may offer from time to time and further defined below. Except as noted below, this SLA applies to Exchange Hosting.

Capitalized terms in this SLA have the meaning set forth unless they are otherwise defined herein or the context requires otherwise.

Definition & Limits of Service

Services Definitions

  • Exchange Hosting Service: application service for email, calendaring, task management, and file sharing, created using Microsoft® Exchange server software.

Such Services are provided as network-based Services and each charged for on a monthly subscription basis.

Accelera Solutions provides all server and software maintenance, including 24/7 monitoring, testing and deployment of software patches, bug fixes, service packs, and same-version upgrades, and monitors and manages user accounts according to the provisions set forth in this SLA. The Exchange Hosting Service includes the provision of proprietary account provisioning and management interface for use by Your corporate administrator and users in managing Your organization’s accounts.

Disaster Recovery

Daily network backups are scheduled to the shared backup devices. Backups are monitored and checked for errors, and regularly scheduled tests of the restoration procedures are performed. Backup copy retention time seven (7) (Exchange Hosting Service) days, as applicable. Accelera Solutions does not guarantee, however, that a valid backup is available for every day of this 7 day period. If a disruption of the Service occurs, Accelera Solutions will assign its high priority and will make use commercially reasonable efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, Accelera Solutions may elect to first restore the Service without the data. Any data not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with Accelera Solutions high priority. In order to ensure the readiness of Accelera Solutions’ operators to complete the offline restoration process, Accelera Solutions runs frequent drills to test restoration performance. Accelera Solutions is not responsible for data loss resulting from the failure or loss of backup media.

Restoration

Accelera Solutions recognizes that from time to time, Your users or administrators may mistakenly delete, in whole or in part, items in Your database, mailbox or public folders, as applicable. As this is not a system fault and restoration may require partial implementation of Accelera Solutions’ disaster recovery procedures, Accelera Solutions reserves the right to charge You, and You agree to pay for, these restorations for a fee, plus taxes if applicable. Accelera Solutions does not guarantee the integrity of the Web content or mailbox content, as applicable, of each individual backup.

Note that items within a mailbox that have been accidentally deleted can usually be restored directly from the Deleted Item Folder by the end user, even after the Deleted Item folder has been emptied. (Instructions for this procedure are contained within the Outlook® Help system.)

Accelera Solutions retains these deleted items online for no more than seven (7) days. If a public folder or mailbox cannot be recovered from the online Deleted Items storage, Accelera Solutions will restore the items from the backup tapes employed in its disaster recovery systems. Accelera Solutions will restore these items within 96 hours of an approved request from Your designated administrator acknowledging the fees.

Public Folder/Personal Mailbox Size Limits

You will receive a specified amount of storage assigned to each mailbox, as per the terms of the SOW. Warnings are automatically sent via email when a user reaches 90% – 95% of the limit granted by the system administrator for such user’s personal mailbox. Another warning is sent via email when a user reaches the granted limit. Should a user exceed this limit, the user will be unable to send or receive email until the user either reduces the mailbox size below the imposed limit, or is granted an increase in personal mailbox capacity by the system administrator. Accelera Solutions is not responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. You should not exceed the creation of more than 250 subfolders and/or 2 Gb total inside its public folder. Should You exceed the amount of 250 subfolders and/or 2 Gb total, Accelera Solutions is not responsible for service unavailability and may require You to reduce the number of created subfolders. Furthermore, the number of items per public folder should not exceed 5,000 items. To manage the number of items per folder, You should configure expiration accordingly. If the 5,000 items per folder limit is reached regularly, even with an aggressive expiration schedule, Customer must segment the public folder into sub-topics and create multiple public folders for each sub-topic.

Email Volume Limits

Inbound (no limit) and outbound Internet emails may contain a maximum of 1,000 recipients including all addresses in the To, CC, and BCC fields. Additionally, Accelera Solutions’ policy limits users to sending Internet emails to a maximum of 1,000 recipients per 24 hours. If a user regularly sends and/or receives more than this number of emails per 24 hours, Accelera Solutions reserves the right to increase the monthly subscription rate as it applies to that user. These limitations apply only to Internet messages; internal messages are not limited.

Sending bulk emails, including newsletters, opt-in email services, etc. through the Service’s Internet gateway network (“Network”) is prohibited. Attempting to send these types of mailings through the Network violates the terms of this SLA and, without limitation, voids the performance commitments provided for herein. There is a 50MB limit to file attachments.

Inactive/Disabled Account Policy

Accounts that have been inactive or disabled either by You contacting Accelera Solutions and requesting the account be terminated, by You using the Service’s administration tools to terminate the account, or by the account service team due to delinquent payment or otherwise, may be permanently deleted seven (7) days after the date of account termination unless You agree to pay a Accelera Solutions’ applicable maintenance fee for the inactive accounts.

Support & Other Services

Systems Support

Accelera Solutions provides systems support to Your designated administrators. Systems support is defined as support associated with issues/faults with the Service. There are no additional charges for this support.

End-user Support

Accelera Solutions also provides, at no additional charges, end-user support for each of the Exchange Hosting features purchased by Customer. See Section 8, Level 1 Help Desk Services for End Users for additional information.

Account Administration

Accelera Solutions provides Customer’s designated administrators with access to an account management and administration tool. The Control Panel enables Customer designated administrators to change passwords, enable new accounts and disable old accounts, etc. Customer is entirely responsible for maintaining the confidentiality of your passwords and accounts. Furthermore, Customer is entirely responsible for any and all activities that occur under Customer’s account. Customer agrees to notify Accelera Solutions immediately of any unauthorized use of Customer’s account or any other breach of security.

Accelera Solutions will not be liable for any loss that Customer may incur as a result of a third party using Customer’s password or account, either with or without your knowledge. However, Customer will be held liable for losses incurred by Accelera Solutions or another party due to a third party using Customer’s account or password. You may not use a third party’s account at any time, without the permission of the account holder.

Wireless Service Support

For users who subscribe to BlackBerry-Exchange Service or other wireless services, Accelera Solutions follows the same policies as above. Accelera Solutions provides wireless access to the Exchange server through the use of third-party provided software. Success in configuration and set up of wireless server access is highly dependent upon device and wireless access provider chosen by You; therefore, Accelera Solutions can only state that it shall use commercially reasonable efforts to assist You in configuring and supporting your wireless server access for the areas of the access not under Accelera Solutions’ direct control.

Optional Support Services

In addition to the support described above, Accelera Solutions also offers custom contracts for different types of support programs. Several support offerings are available on an as-needed basis, with discrete pricing for each service. For advanced customization features (such as application development, form design, etc.) or for data migration services from existing in-house applications running at Customer’s site, Accelera Solutions will work on a project basis. Accelera Solutions will provide a SOW, including a price quotation, prior to undertaking such a project.

Service Levels/Penalties

Accelera Solutions’ is committed to providing You with quality Services. To support this commitment, Accelera Solutions observes the following schedule of penalties for certain failures to comply with this SLA.

Application Service Availability

Accelera Solutions will provide a 99.9% average scheduled availability of a Service. This percentage is calculated on a monthly basis and applies 24 hours per day, 365 days a year, except as noted below. Availability is defined as the ability of a user within an organization to connect to a Service web site, mailbox, or public folder, in each case as applicable. Rarely a Service may be functioning in some areas and not functioning in others; e.g., the documents may be available but the search engine may be unavailable, or the email function (receiving/sending emails) may be available but data in Public Folders and calendar may be unavailable (Exchange Hosting Service). This time of any such diminished functioning is not considered downtime and is excluded from the calculations of availability. In addition, the following conditions are specifically excluded from the calculation of availability

  • A problem with Your network, internet connection, or a private network connection to the Service, which prevents You from reaching a site, connector, mailbox or public folder.
  • A problem connecting to the Service due to any action on Your part that triggers a security response; e.g., scanning the ports on the Service router triggers a shut-down of the ports used by You.
  • Scheduled maintenance (normally scheduled between 11:00 PM and 3:00 AM EST). Accelera Solutions will provide two (2) days of notice prior to maintenance periods.
  • Installation of urgent “hotfixes”. These will be scheduled as quickly as possible after testing, with notification sent to You; the two-day notification above is waived for urgent hotfixes. Accelera Solutions also reserves additional two (2) two-hour maintenance windows on Wednesdays and Saturdays from 11:00 PM to 1:00 AM (EST), during which the servers may be offline for urgent fixes.
  • Software “bugs” or problems within used products that create service interruptions. Bugs must be acknowledged by the vendor to be excluded from calculations.
  • Problems connecting to the Service due to the addition of 3rd party (i.e. non-Microsoft) software installed on Your PC or network, e.g. Outlook plug-ins and add-ons.
  • Movement of mailboxes within the Exchange Hosting Service among the different servers – as the Service may do in its discretion. Accelera Solutions makes no promise of notification to You for these moves, which, normally, should not affect users whose software is installed and configured correctly. Incorrect configuration of the user’s software that results in the inability to connect to the Service is not considered downtime and is excluded from the calculation of system availability.
  • The period of time during which Accelera Solutions disaster recovery is in effect.
  • Any circumstance beyond Accelera Solutions’ reasonable control.
  • Uptime is calculated as a percentage of the time during a month (30 days X 24 hours X 60 minutes) that the system is available, excluding the conditions above.

Penalty for Non-compliance/Application Service Availability

On a per-Service basis, for each month in which the availability is below an average of 99.9% as calculated above, Accelera Solutions will reduce the amounts due and payable to it relating to such Service for such month by 5%. In addition, for every 1% loss of availability below the 99.9% targeted average availability during the same calendar month, Accelera Solutions will further reduce the amounts due and payable to it relating to such Service for such month by another 5%; provided that the maximum credit for non-compliance is 25% per month.

Note: Because of the architecture that the Service has created to provide the Service, users within an organization may be spread across separate and distinct servers. In the case where one server suffers downtime exceeding the service level guarantees, Your organization will be compensated only for those users with accounts on the non-complying server, on a pro-rated basis.

Network Availability

Accelera Solutions will provide up to 99.9% Network Availability. Network Availability is defined as the ability to pass incoming and outgoing TCP/IP traffic through the Service network from/to Your IP transit provider (Internet Backbone).

Servers unavailability resulting from loss of Network availability is excluded from servers availability calculations if the Network Availability loss is caused by any circumstance beyond Accelera Solutions’ reasonable control, including such factors as IP transit provider (backbone) or end users’ portion of the network (commonly known as “last mile”) failure, denial of service or similar attacks directed at the Service’s servers or the Service’s network.

Mail Server Availability

To 99.5% Mail server availability. Mail server availability is defined as the ability to retrieve the SMTP and POP headers from the mail server, calculated on a monthly basis. Accelera Solutions will not monitor availability of individual mail accounts or mailboxes but only monitors the server availability as a whole Denial of service attacks, mail bombing, and other flooding techniques directed toward the mail servers resulting in or contributing to downtime will not be included in Mail Server Availability calculations.

The outgoing email protocol used on the mail server (SMTP) is a “store-and-forward” type of protocol that does not guarantee immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 24 to 72 hours, the messages will be returned to the sender.

Exchange Hosting Specific Terms (Only applicable to Exchange Hosting Service)

Email Delivery Restrictions Individual email messages (including attachments) inbound from the Internet or outbound to the Internet are limited to 50 MB. Internet email messages including attachments greater than 50 MB will not be moved through the Service gateways and, instead, will generate an error message to the sender. Accelera Solutions can assist clients in understanding how to reduce the size of, or separate, large documents so that they can be transmitted via the Exchange Hosting Service.

Mail Delivery Times. Email messages including attachments of less than 20 MB that are received inbound from the Internet gateways, or those sent from one mailbox on the Exchange Hosting Service to a second mailbox on the Service, generally will be delivered in 60 seconds or less. Email messages including attachments of less than 20 MB outbound to Internet gateways generally will be sent from the Exchange Hosting Service within 60 seconds; delays at the gateways due to Internet issues are not covered by this SLA.

Exceptions. Accelera Solutions makes no covenant regarding the timing of delivery or receipt of mail being processed on the Internet. Delivery times covered by this SLA are only for mail sent between servers, mailboxes, and/or gateways on the Exchange Hosting Service. Additionally, the Service spam control functionality performs additional analysis and processing of inbound emails, so the delivery times specified above do not apply for delays due to same.

Penalties for Non-Compliance. If the Service causes mail delivery delays in excess of the parameters defined above for 2 hours or more in any given month, Accelera Solutions will reduce the amounts due and payable to it relating to the Exchange Hosting Service for such month by 5% for each mailbox affected. For every additional 2 hours of delay of email service during the same calendar month, Accelera Solutions will further reduce the amounts due and payable to it relating to the Exchange Hosting Service by another 5% of the original price charged for such month. The maximum credit per month for message delays will be 15%.

Protection against Viruses. Accelera Solutions provides inbound anti-virus scanning as part of the Exchange Hosting Service, and will use commercially reasonable efforts to protect against SMTP borne viruses and other computer software threats. The anti-virus protection has proven highly effective since its deployment; however, due to the rapidly evolving nature of viruses, Trojan Horses, and other email-borne security issues, Accelera Solutions makes no guarantees against these types of threats. The Service provides anti-spam filtering as part of the Exchange Hosting Service, and Accelera Solutions will use commercially reasonable efforts to protect against unwanted emails. The Advanced Spam Firewall is an integrated hardware and software solution for complete protection of your mailbox. Although this system has proven highly effective, Accelera Solutions makes no guarantees in the system’s filtering efficiency.

Security

Access to the operations center and systems is restricted to authorized personnel. Accelera Solutions ensures that its employees and contractors are familiar with and understand its policies; Accelera Solutions takes all possible security measures to protect the security of Your data. Accelera Solutions will make its best commercial efforts to protect the security of its systems and services, and the data that resides therein.

Data Retention

Accelera Solutions shall not be responsible for retaining any of your data after account termination. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation.

Accelera Solutions shall not restore, provide on any storage media or send out any data pertaining to existing or terminated accounts.

Maximum Aggregate Credits/Penalties

In all cases, the maximum, aggregate cumulative SLA credit/penalty in any given month for any given Service and for all service levels combined (including application service availability, network availability, etc.), is 25% of the underlying fees for such Service for such month.

General Provisions

Certain Operational Customer Responsibilities

To access and use the Services, You must provide at the very minimum and without limitation:

  1. an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
  2. a fully functional Internet browser (like Internet Explorer, Mozilla Firefox, Google Chrome, and Apple Safari)
  3. a fully functional POP/SMTP email program (Client) or Microsoft Outlook for MAPI connections to Exchange server;
  4. tools to develop and publish content as you find suitable and necessary;
  5. tools to access database servers if such services are purchased by you.