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Service Agreement

Clarity's Service Agreement

Clarity Hosted Solutions is committed to providing services at a standard of excellence exceeding the hosting industry’s best practices. Network up-time and server availability are the highest importance. Service levels are part of the Master Service Agreement (MSA) and are designed to provide the ultimate performance and maximum up-time

Dedicated Server Hardware Replacement

Clarity stands behind a 1 hour hardware replacement guarantee for all dedicated hardware. The 1 hour time frame is based on the receipt of the Client’s support ticket, Clarity’s identification of failed hardware component(s), and the scheduled Maintenance window negotiated with the Client. Dedicated Hardware includes, but not limited to: (i) Processor(s); (ii) RAM; (iii) Hard Disk Drives; (iv) Motherboard; (v) NIC, and; (vi) Other related hardware detailed in the Client’s contract. Server Hardware Replacement guarantee does not include time required to perform data restores and backups.

Power and HVAC Availability

Clarity’s Service Level Agreement (SLA) guarantees that its power and HVAC systems will be available 100% of the time, excluding Maintenance. Data Center Infrastructure Downtime means: (a) Clarity’s power or HVAC systems are not available and; (b) Client submits a support ticket detailing the unavailability of power or HVAC systems resulting in downtime. Infrastructure Downtime does not include downtime issues related to power supplies on Client’s hardware.

99.9% Network Uptime

Clarity guarantees that the core network will be available 99.9% of the time, excluding Maintenance. Clients are eligible for credits for Network Downtime of any breach of this guarantee, verified by Clarity’s technical support team. Network Downtime is defined as an inability to transmit and receive data caused by failure of core network equipment managed and owned by Clarity, excluding Maintenance.

Remedies

Hardware

In the event that it takes more than one hour to replace faulty hardware, Clarity will refund 5% of the monthly fee for each 60 minutes of downtime (up to a maximum of 50%) of the monthly fee for the affected server. The hardware replacement guarantee does not include: (i) The time required to rebuild a RAID array; (ii) Installing the operating system, or; (iii) Installing applications. Hardware upgrades and system updates during scheduled Maintenance falls outside this service level.

Network

Clarity uses its best efforts to ensure that our carrier networks are available 100% of the time. If it becomes unavailable and the Client experiences downtime, Clarity will refund 5% of the monthly fee for each 60 minutes of downtime (up to a maximum of 50%) of the monthly fee for the affected server. Network availability includes all network Infrastructure including routers, switches and cabling. It does not include services or software running on the Client’s server. Network downtime exists when the Client is unable to transmit and receive data. Downtime credits are measured from the time the Client submits a support ticket.

Credits shall not be provided to the Client if network downtime is the result of: a) Scheduled Maintenance as described in the Maintenance section below; b) Emergency Suspension of Services as detailed in the Master Service Agreement (MSA) received by the Client when contracting for services; c) Circumstances beyond Clarity’s control, including but not limited to, third party network outages, war, fire, flood, other acts of God, sabotage, labor disturbance, government regulations or other government interventions; d) A breach by the Client of the Master Service Agreement (MSA) or Clarity's Acceptable Use Policy.

Exceptions

Clients shall not be entitled to any credit hereunder if Infrastructure downtime or network downtime is caused by: (i) Actions of the Client, or others authorized by Client, to use the service under the agreement; (ii) The failure of power, facilities, equipment, systems or connections not provided by Clarity; (iii) The failure of Third Party Service to Clarity’s network; (iv) Application, software, or operating system failure; (v) The result of network maintenance activity; (vi) Denial of Service attack, hacker activity, other malicious event targeted against Clarity or Client of Clarity, or; (vii) Failure of any network or Internet Infrastructure not owned or managed by Clarity.

Maintenance

Maintenance means Scheduled Maintenance or Emergency Maintenance.

Scheduled Maintenance means any maintenance within Clarity’s Data Center: (a) In which the Client is notified at least 24 hours in advance, or; (b) Work that is performed during Clarity’s standard maintenance window.

Emergency Maintenance means any maintenance in Clarity’s Data Center that: (a) In Clarity sole discretion, is necessary to avoid an immediate threat to Clarity’s Data Center or Client's server and; (b) Of which the Client is notified.

Any Emergency Maintenance in excess of 2 hours per event will count as Network Downtime.

Cancellation

The Client is responsible for all costs over the entire term of the agreement. These costs must be paid monthly at a minimum. If the Client cancels their service before the end of the initial or renewed term then the remaining unpaid costs are due immediately. The Client may submit a Cancellation Form at least 30 days before the end of the initial or renewed term of the agreement. The form can be requested by emailing cancel@claritywebhosting.com. There are no partial refunds or credits for earl cancellations. All payments to Clarity are final and non-refundable except as otherwise set out herein.