ProDNS Services - service level agreement

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 clarifies both Parties’ responsibilities and procedures to ensure the Customer needs are met in a timely manner.

This SLA and the Agreement shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the SLA and the Agreement, the provisions of the Agreement shall prevail.

Any amendment or variation to this SLA shall only be considered as valid and enforceable if made in accordance with the procedure outlined in the Agreement. Unless otherwise and expressly defined in this SLA, all terms shall bare the same meaning as set out in the Agreement.

1. Service Level Commitment

Notwithstanding the provisions of section 8 of the ProDNS Service Specific Terms and Conditions, and subject to the provisions of section 9 of those Specific Terms and Conditions, EuroDNS guarantees a service level availability for the ProDNS Services (“Service Level Commitment”) as defined hereafter. For the avoidance of doubt, the Customer acknowledges and agrees that the Service Level Commitment is solely available for the ProDNS Services and expressly excluded for EuroDNS Free DNS Services.

The Service Level Commitment shall apply as set forth herein.

2. Service Availability

The ProDNS Services are guaranteed to be available as specified in section 3 here below. The ProDNS Services will be considered unavailable if every one of the Names Servers made available to the Customer as part of ProDNS Services fail simultaneously to respond to DNS queries for more than twenty six (26) consecutive seconds during any monthly period.

An outage is deemed to commence upon EuroDNS verification of a disruption of the ProDNS Services (“Outage”) as reported by the Customer pursuant to the outage procedures (the "Outage Report") outlined in section 6 below. An Outage is deemed to end when the ProDNS Services are fully operative, less any delay experienced by EuroDNS while awaiting additional information from the Customer.

3. Service level Commitment

The ProDNS Service Level Commitment shall be of 99,999% calculated on a monthly basis.

4. Credit award

In case of Outage, the Customer shall be rewarded with credits on their EuroDNS Account in accordance with the following table and the computation method detailed in section 5 below (the “Credit Note”)

5. Monthly service level failure credit computation

Should EuroDNS fail in one (1) calendar month to meet the Service Level Commitment, the Customer shall then be entitled to claim a Credit Note equal to a portion of the ProDNS Services monthly subscription fee net amount during which the Service Level Commitment has not been abided and pertaining exclusively to the ProDNS Services and excluding any other Services fees.

To qualify for a Credit Note, the Customer must have a current and valid subscription to the ProDNS Services affected, and must have a EuroDNS Account in good standing. The Customer understands and accepts that the credits award shall be the sole and exclusive remedies if EuroDNS does not meet the Service Level Commitment.

6. Outage Report

To request a Credit Note from EuroDNS, the Customer shall open a ticket through EuroDNS support system available at http://www.eurodns.com/eurodns/contactSupport (“the Outage Report”).

In order to be considered by EuroDNS, an Outage Report shall be open within five (5) calendar days following the reported outage and:

• be submitted to EuroDNS using the applicable ticket support category; and
• detail the ProDNS Services interruption

In any cases where the Outage Report will be considered as valid by EuroDNS, the Customer will be granted the applicable Credits in their EuroDNS Account within the next two (2) months period following the month during which the Outage occurred.

The Customer understands and agrees that Outage Reports shall be made in good faith and warrants therefore that they will abstain from making inaccurate report.

The Customer further agrees that EuroDNS may levy an hundred (100) euros fee for any inaccurate Outage Report made by the Customer.

EuroDNS in its sole and absolute discretion, shall determine whether an event shall be considered an Outage.

7. Excused Outage

Availability shall be measured only for the resources fully and directly under EuroDNS’ management and control and which are required by the ProDNS Services. The Customer understands and agrees therefore that EuroDNS non-essential resources are expressly excluded from the scope of the Service Level Commitment. (an “Excused Outage”).

An Excused Outage is an outage: (a) caused by the acts or omissions of Customer; (b) due to failure of the Customer hardware; (c) caused by the failure or malfunction of non-EuroDNS equipment or systems; (d) 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 congestion or other failures (e) related to a Force Majeure Event; (e) ; or (f) caused by a regular maintenance.

8. Restrictions and limits

In accordance with the Agreement, the Customer understands and agrees that certain limitations apply to each offer of the ProDNS Services.

As such, any Outage or service interruption deemed by EuroDNS to be the result of an inappropriate choice of ProDNS Services from the Customer, shall not be eligible for a Credit Note to the Customer.

Total credits awarded for the ProDNS Services for failure to meet any one or more of the guarantees set forth in this SLA will not exceed one thousand eight hundred and forty (1840) euros.