Easily Limited Virtual Private Server Service Availability Agreement

This is the Service Availability Agreement of Easily Limited (no: 03900580) with respect to Virtual Private Server (VPS) products.

1. DEFINITIONS AND INTERPRETATIONS

In this Service Availability Agreement:

Availability    means that a Server is able to communicate (bi-directionally) with other network connected equipment on the same subnet over at least one port and/or any publicly available network connected equipment on the Internet, unless the Customer has requested that such Server’s communication ability is in some way restricted, in which case this definition shall be construed as correspondingly restricted.

Customer Equipment is deemed available if the network connectivity to the Customer Equipment is functional, irrespective of whether the Customer Equipment itself is functional (other than in respect of the supply of power to the Customer Equipment). 

Excused Outages    means any time taken to Patch a Server (if the Customer has requested Patching Services from Easily); any non-Availability caused directly by Customer; any non-Availability as a result of a request by the Customer; and any non-Availability resulting from an outage agreed with the Customer in advance. This includes both scheduled and emergency network or system maintenance windows.

Replacement    means the replacement of any hardware component that has failed with a functional alternative (and “Replaced” shall be construed accordingly).

Service Levels        means the performance levels described in Clause 3.


2.    APPLICABILITY OF THIS SERVICE AVAILABILITY AGREEMENT

2.1    Easily offers the Service Levels as part of the Virtual Private Server (VPS) Services that Easily provides. This Service Level Agreement does not apply to any other Services.

2.2    This Service Level Agreement forms part of the Special Terms and Conditions for the Virtual Private Server (VPS) Services and is additional to the General Terms and Conditions.


3.    SERVICE LEVELS FOR VIRTUAL PRIVATE SERVERS (VPS)

3.1    Easily shall ensure that Easily maintains Availability for the Virtual Private Server (VPS) 100% of the time during the Term (excluding Excused Outages), and ensure that in the event that the VPS should fail, it will take up to four (4) hours to replace the VPS to the original state that the Customer first ordered it on

3.2    Easily shall ensure in the event that the host server housing the VPS is damaged or a component becomes defective and affects the Availability of the VPS, the VPS will be migrated on to failover hardware. This High Availability feature will automatically cause the VPS to be rebooted and the VPS will begin functioning again within 2 minutes of the reboot. The Customer understands that any sessions taking place during the reboot will be lost and Easily will not take any liability for loss of business that this may incur.

4.    MONITORING

4.1    Easily uses network monitoring software to monitor Availability of its platform and the Equipment.


5.    SERVER REBUILDS

5.1    For hardware or software failures and on request by the Customer, Easily will, when deemed necessary at Easily’s discretion, attempt to restore a Server to the state it was in when first made available to the Customer. The Customer is requested to contact Easily using their provided support processes if this action is required to be taken by Easily.