TSGI SLA Agreement

This SLA applies to customers with signed annual or minimum period six month pre-paid Sales Agreements only.

This agreement covers the following named hosted service(s):

• OutlookNow
• SharePointNow
• ProjectNow
• SQLNow
• DesktopNow
• OfficeNow
• WWWNow
• WordNow
• ExcelNow
• PowerPointNow
• SageNow
• Site Hosting Services
• Dedicated Web Site Hosting Services
to which you (“Customer”) have subscribed.

After the Stabilisation Period (defined below), the Services will meet or exceed the performance objectives set forth in this Service Level Agreement.

Availability
A "Service Outage" shall mean that the Services were not available because:

1. The TSGI Hosted Service was unable to achieve 100.0% uptime. For purposes of this Service Level Agreement, 100.0% uptime shall mean that the TSGI Hosted Service will deliver reliable Services and shall not become unavailable due to an outage for more than 30 consecutive minutes.

2. The Web-based user interface, applications programming interfaces (API) or other Customer-accessible data access or manipulation software are unavailable for one or more consecutive hours, thereby preventing the Customer (or the Customer's applications) from being able to reasonably add, delete or modify their email, shared documents, web content or other stored data as normally associated with the specifications for such Hosted Services.

The following downtime events shall not be considered part of a Service Outage:

1. Regularly Scheduled Maintenance. Regularly Scheduled Maintenance shall mean any maintenance performed to the TSGI Service of which Customer is notified 48 hours in advance, or that is performed during a standard maintenance window of 11:00PM to 6:00 AM GMT. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by TSGI by e-mail or telephone.

2. For Dedicated Services, scheduled Customer Requested maintenance of any type. For the purposes of this Service Level Agreement, Dedicated Services means TSGI Hosted Service that is hosted specifically for a customer using dedicated application servers or other equipment which are not shared with other customers.

3. Unavailability of the Services due to Customer misuse, configuration errors, application programming errors, failures of programs or processes associated with client specific custom or third party application programs of any type including failures which result in excessive CPU utilisation, non-performance, service suspensions due to late or missing payments, negligent or unlawful acts by Customer or its agents or its suppliers, problems with Customer's registrar, problems with non-TSGI provisioned DNS or other third party zone transfer technologies, network unavailability due to failure of upstream switches, hubs, communications facilities or other essential services supplied by third parties including, but not limited to, upstream service and communications suppliers or events of force majeure.

4. Unavailability of the Services due to mechanical or electronic failure of client supplied equipment of any type.
For TSGI supplied dedicated servers only:

• Unless your dedicated server solution includes high-availability load-balanced and/or clustered hardware, this SLA does not apply if your service is unavailable due to the mechanical or electronic failure of dedicated equipment.
• Regardless, this SLA does not apply to dedicated server solutions of any type unless your hardware deployment includes RAID 1, RAID 5, RAID 10 or a TSGI provisioned SAN (Storage Area Network) or NAS (Network Attached Storage) solution.

TSGI, in its sole discretion, shall determine whether an event will be considered a "Service Outage" based on its records and data.

For the purposes of this SLA a Service Outage begins a) for services monitored by TSGI through either an internal or external monitoring service, immediately upon receipt of the associated SMS or pager notification.

For services not monitored by TSGI, immediately upon receipt of your transmitted pager, SMS, telephone or other TSGI recognised notification of a service outage (which ever notification arrives first).

Notifications transmitted by email only without a prior notification by pager, telephone or other contact device are not, for the purposes of this SLA, accepted as notification of an outage.

Remedies
When Customer becomes aware of a Service Outage, Customer shall open a trouble ticket with TSGI Customer Support within two (2) calendar days.

If TSGI determines in its reasonable commercial judgment that the Service Outage event lasted for more than 30 minutes but less than 60 minutes, upon Customer's request, TSGI will credit Customer's account a pro-rated value equal to the 2% of the Customers monthly invoice amount.

If TSGI determines in its reasonable commercial judgment that the Service Outage lasted for 60 minutes or longer TSGI, upon Customer's request, will credit Customer's account the pro-rated charges for 10% of the Customers regular monthly invoice amount.

Credits are applied once per outage to a maximum value of your monthly hosted service fee (or, in the case of prepaid services, for a value pro-rated to equal one months hosted service fees) for the services affected by the outage only.

To qualify for any credit, Customers must have a current and valid subscription for the Services affected and must have an account in good standing i.e. paid within normal credit terms.

TSGI will not provide any credits to customers that have purchased or acquired Services through a reseller, distributor, or indirectly through any other company.

Credits will not apply to any TSGI Professional Services, custom services, or to charges for services other than the Monthly Fee for the Services for which Availability was not met.

Credits are applied to reduce the net amount of future invoices only.

Customers with subscriptions for more than one Service will not receive credits for unaffected Services. Customer's account shall not be credited more than once per month under this Service Level Agreement.

This is the sole and exclusive remedy if TSGI does not meet the commitments set forth in this Service Level Agreement.

Stabilisation Period Definition
The Stabilisation Period is a period of thirty (45) days beginning on the date the Customer is deployed onto the Services, during which TSGI and Customer work to configure several variables in order to meet full operational performance parameters.

During the Stabilisation Period, the service level guarantees shall not apply.

TSGI Hosted Service Definition
The TSGI Hosted Service is defined as the combination of servers, hardware and associated software that are responsible for delivering a Service.

TSGI reserves the right to modify this Service Level Agreement from time to time.

For more information call us on 0800 8620202 or email info@tsgiservices.co.uk