The following additional terms and conditions are applicable to Sales Orders for Single Point Global’s Colocation and Data Center Services:
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions (“General Terms and Conditions”).
For the purposes of this PSA, “Service” or “Services” means the Colocation and Data Center Service.
This attachment shall apply to Colocation and Data Center Service. The Service consists of off-premise data, hardware and systems protections, with the highest level of physical and data security. A further description of the Service is set forth in Schedule A-1 hereto which is incorporated herein by reference. Single Point Global reserves the right to modify the Service descriptions without notice.
Services shall be provided by Single Point Global.
Once Single Point Global accepts a Sales Order for Service, Single Point Global will invoice Customer for all applicable Custom Installation Fee(s) based on the selected Service Term. Customer will pay the Custom Installation Fee(s) within twenty-five (25) days of the invoice date unless a payment schedule is specified in the applicable Service Order.
The Service Commencement Date shall be defined as the date(s) on which Single Point Global first makes the Service available for use by Customer. Following payment of all Fees due under the applicable Sales Order, Single Point Global shall notify Customer when the Service is available for use (“Availability Notification”). Charges for the Service shall begin to accrue as of the Service Commencement Date. The Services Commencement Date shall be the earlier of: (A) the date on which the Customer confirms receipt of and concurrence with the Availability Notification; and (B) five (5) business days following the date of the Availability Notification.
5.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is twenty-four (24) months.
5.2 Termination Charges for SPGEV Services.
A.In the event that Service is terminated following Single Point Global’s acceptance of the applicable Sales Order but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by Single Point Global in installing or preparing to install the Service plus twenty percent (20%).
B. In the event that Service is terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay 100% of the remaining Service Term; plus 100% of any remaining, unpaid Custom Installation Fees.
Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Single Point Global through the date of cancellation or termination.
5.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Single Point Global’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions.
The service level agreement (“SLA”) applicable to the Service is set forth in Schedule A-2 hereto.
7.1 Single Point Global exercises no control over the content of the information passing through it. The service may only be used for lawful purposes. Unauthorized transmission or storage of any information, data, or material in violation of any Federal or state law or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is obscene or material protected by trade secret. Customer agrees to indemnify and hold the company harmless from any claims from any related or unrelated third parties including attorneys’ fees resulting from misuse of the facilities in contravention to any federal or state law. Ignorance of any related law will not be an excuse for the violation.
7.2 Access to service is subject to compliance with the Acceptable Usage Policy, available at http://www.singlepointglobal.com/legal-acceptable-use-policy/. Any access to the other networks connected to network must comply with the rules of that other network.
7.3 Price quotations do not include hardware or software maintenance or product warranty services. Limited warranties may be included by the product manufacturer. Price quotations including professional services are good faith estimates based on Single Point Global’s hourly rate of $200.00 per person. Professional Services are billed based on actual time used at hourly rate of $200.00 rounded up to nearest hour. Single Point Global will make every attempt to render services in the proposed allotment of time, but circumstances outside of Single Point Global’s control may cause Customer to incur additional fees for project completion. The Customer agrees to make payment for additional service costs beyond the good faith estimate.
7.4 Actual travel time from Single Point Global’s corporate office to Customer site will be billed at Single Point Global’s then-current standard professional services rates. All applicable tolls and travel fees will be billed to the Customer. Single Point Global shall be reimbursed for reasonable costs and expenses incurred in connection with the performance of professional services, including without limitation, all expenses for travel, travel time, lodging and meals.
7.5 All Customers with an active support agreement are required to maintain secure remote access from the datacenter networks to all servers under support. Customers are required to inform Single Point Global engineering for changes to logins, passwords, IP addresses, or VPN configuration at the Customer’s site.
7.6 It is the Customer’s responsibility to provide Single Point Global with documentation of all hardware being collocated in Single Point Global’s facility. This list is to be provided as part of the implementation process and will be approved and signed by Single Point Global and the Customer.
7.7 Deliverables hereunder may include third-party software components (the “Third-Party Materials“). Use of such Third-Party Materials may be subject to separate terms and conditions. Customer shall comply with all such terms and conditions in connection with its use of Third-Party Materials.
(a) Prices. The Service is subject to the service pricing identified in the applicable Sales Order. All colocation Sales Orders are subject to a 3% annual rate increase.
(b) The Service is billed as a flat monthly fee. All Customers are required to have a credit card on file. Invoices are due within twenty-five (25) days of the invoice date. In the event an invoice is more than fifteen (15) days past due, following notice, such past due charge will be satisfied with the credit card on file to avoid service disconnection. Any unpaid invoices exceed twenty-five (25) days may result in disconnection of the Service and a 1.5% late fee added each month until the invoice has been paid in full.
(c) Billing Increments. Billing increment for the Service are identified in the Service Description. Single Point Global may update the website documents and/or URL from time to time
(d) Rounding of Charges. Single Point Global reserves the right to round up any and all invoice amounts to the nearest one (1) cent.
The descriptions for the Services provided under the Single Point Global Voice Services are located at /services/colocation/.
Single Point Global’s Colo Service (“Service(s)”) will be provided in accordance with the performance standards set forth below:
1. Power and Network Availability and Uptime. Single Point Global guarantees a hundred (100%) percent power and cooling uptime with a ninety-nine (99.999%) percent Backbone Network Uptime with at least ninety-nine (99.999%) percent sustained Packet Throughput (PT). Backbone Network Uptime is determined based the connectivity between any devices that route between any colocation or Points of Presence (POPs), and does not include connectivity leaving the datacenter POPs to customer locations. To determine compliance with the network availability and uptimes, measurements are taken on a continual basis on the Single Point Global U.S. Domestic Backbone Network between various combinations of any two of our POPs.
A. Network availability refers to the ability of a Customer to access the Single Point Global Backbone Network.
B. Single Point Global measures latency on the Single Point Global Backbone Network. These measurements are taken as round trip times between core routers within the Single Point Global POP facilities in the continental United States. Single Point Global guarantees an average round trip latency of not more than one hundred and twenty (120ms) milliseconds. If this standard is not met, Single Point Global will credit the Customer as detailed in Section 5.
C. Network Unavailability is defined as a packet loss in excess of fifty (50%) percent for fifteen (15) consecutive minutes or more or one that exceeds one (1%) percent for two (2) or more consecutive hours on the Single Point Global Backbone Network. Periodically, Single Point Global will upgrade or find the need to repair or replace vital network equipment which interruptions are foreseeable events common to all First Tier network providers. Neither these maintenance events, necessary for providing a consistently high level of service, nor Customer caused outages or disruptions beyond Single Point Global’ control are considered “Network Unavailability” as covered by this SLA.
D. Customers must report Network Unavailability of longer than fifteen (15) consecutive minutes or the aforementioned packet loss to Single Point Global Network Operations Center (NOC) within three (3) business days of the event. If the event reported by the Customer is confirmed by Single Point Global’s NOC, the Customer will receive a pro-rated service credit as detailed in Section 5. However, the total of any credits granted for any twenty-four (24) hour period may not exceed one (1) full day’s pro-rated fee.
E. For any Ethernet Transport Services (ETS) or Ethernet Dedicated Internet Service (EDI) circuits for customer end location point locations, see the ETS/EDI PSAs at /legal.
2. Hardware and Software Monitoring and Uptime. Equipment not owned and operated by Single Point Global is not directly monitored. However, indirect monitoring is provided in the form of a standard Ping Test performed every three hundred (300) seconds to one (1) IP address per Customer service account. It is the Customer’s responsibility to provide the IP address to be monitored. In the event that three (3) consecutive Ping Tests fail, Single Point Global will notify Customer in accordance with the standard notification policy detailed in Section 3. However, Single Point Global will not take any corrective action unless a Maintenance Agreement between the parties is in effect.
3. Notification of Outages and Service Interruption Events. Fifteen (15) minutes after an outage is officially recorded, which occurs when the second Ping Test fails, Single Point Global will contact Customer’s designated representative by e-mail, phone, or pager. Customers reporting service interruption events or outages of any kind may use the “Single Point of Contact” local support telephone number for access to the twenty-four (24) hour Support Group.
4. Dedicated Server Hardware Guarantee. Single Point Global guarantees the functioning of all managed services hardware components and will replace any failed component at no cost to Customer. Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within six (6) hours of the problem identification. In the event that it takes more than six (6) hours to replace faulty hardware, Single Point Global will refund Customer 5% of the monthly fee per additional hour of down time (up to 50% of Customer’s monthly fee for the affected server). Hardware is defined as the processor(s), RAM, hard disk(s), mother board, NIC card and other related hardware included under the managed services purchased by Customer.
5. Warranties and Disclaimers by Single Point Global. Service Level Warranty. In the event Customer experiences any of the following and Single Point Global determines in its reasonable judgment that such inability was caused by Single Point Global’s failure to provide Internet Data Center Service(s) for reasons within Single Point Global’s reasonable control and not as a result of any action or inaction of Customer or any third parties (including Customer equipment and/or third party equipment), Single Point Global will, upon Customer’s request in accordance with Section 5C., credit Customer’s account as described below:
A. Inability to Access the Internet (Downtime). If Customer is unable to transmit and receive information from Single Point Global’s Internet Data Centers (i.e., Single Point Global’s LAN and WAN) to other portions of the Internet because Single Point Global failed to provide Internet Data Center Service(s) for more than fifteen (15) consecutive minutes, Single Point Global will credit Customer’s account the pro-rata Single Point Global connectivity charges (i.e., all bandwidth related charges) for one (1) day of service, up to an aggregate maximum credit of connectivity charges for seven (7) days of service in any one calendar (1) month. Single Point Global’ scheduled maintenance of the Internet Data Centers and Internet Data Center Service(s), as described in the Policies and Procedures, shall not be deemed to be a failure of Single Point Global to provide Internet Data Center Service(s). Pro-rata daily credits are limited to one full day’s credit per twenty-four (24) hour service period.
B. Packet Loss and Latency. While Single Point Global does not proactively monitor the packet loss or transmission latency of specific Customers, Single Point Global does monitor the packet loss and transmission latency within its LAN and WAN. If Single Point Global discovers (either from its own efforts or after being notified by Customer) that Customer is experiencing packet loss in excess of the level set by the SLA purchased by Customer (“Excess Packet Loss”) or transmission latency in excess of one hundred and twenty (120ms) milliseconds round trip time (based on Single Point Global’ measurements) between any two POPs within Single Point Global’ U.S. network (collectively, “Excess Latency”, and with Excess Packet Loss “Excess Packet Loss/Latency”), and Customer notifies Single Point Global (or confirms that Single Point Global has notified Customer), Single Point Global will take all actions reasonably necessary to determine the source of the Excess Packet Loss/Latency.
(i) Remedy of Excess Packet Loss/Latency. If the Excess Packet Loss/Latency remedy is within the sole control of Single Point Global, Single Point Global will remedy the Excess Packet Loss/Latency within two (2) hours of determining the source of the Excess Packet Loss/Latency. If the Excess Packet Loss/Latency is caused from outside of the Single Point Global LAN or WAN, Single Point Global will notify Customer and will use industry standard efforts to notify the party(ies) responsible for the source and cooperate with it/them to resolve the problem as soon as possible.
(ii) Failure to Determine Source and/or Resolve Problem. If Single Point Global is unable to determine the source of and remedy the Excess Packet Loss/Latency within the time periods described above (where Single Point Global was solely in control of the source), Single Point Global will credit Customer’s account the pro-rata Single Point Global connectivity charges for one (1) day of Service(s) for every two (2) hours after the time periods described above that it takes Single Point Global to resolve the problem, up to an aggregate maximum credit of connectivity charges for seven (7) days of Service(s) in any one (1) month.
C. NOTE: Customer Must Request Credit. To receive any applicable credits, Customer must notify Single Point Global Customer Service within three (3) business days from the time Customer becomes eligible to receive a credit or forfeit its right to receive a credit. Single Point Global will contact Customer to review the status of the credit request and to determine the applicable credit, if any, due Customer.
D. Remedies Not Cumulative – Maximum Credit. In the event that Customer is entitled to multiple credits arising from the same event, whether under this SLA or any other SLAs, Customer shall be entitled to receive only the maximum single credit available for such event. In no event will Single Point Global be required to credit Customer in any one (1) calendar month Single Point Global connectivity charges in excess of seven (7) days of Service(s). A credit shall be applied only to the month in which the incident took place and will appear on the invoice for the month following. Customer shall not be eligible to receive any credits for periods during which Customer received any Service(s) free of charge.
E. Termination Option for Chronic Problems. If, in any single calendar month, Customer would be able to receive credits totaling fifteen (15) or more days (but for the limitation in subparagraph D above) resulting from three (3) or more events during such calendar month or, if any single event entitling Customer to credits under subparagraph A exists for a period of eight (8) consecutive hours, then, Customer may terminate the applicable Service for cause and without termination fee by notifying Single Point Global within five (5) days following the end of such calendar month. Termination will be effective thirty (30) days after receipt of such notice by Single Point Global.
F. Sole Remedy. The foregoing remedies in this Section 5 of this SLA shall be Customer’s sole remedy and Single Point Global’s sole liability in connection with this SLA.