NYI Service Level Agreement

NYI understands the importance of server availability to Customer and is committed to providing the highest possible level of service. NYI has developed the following service level guarantees to ensure maximum performance and uptime.

1. NYI guarantees an overall Network Uptime of 100%, excluding scheduled maintenance. NYI will refund the client 5% of the monthly fee for each 30 minutes of downtime (up to 100% of client’s monthly fee). Network Uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular client is unable to transmit and receive data to all points on the Internet and records such failure in the NYI Helpdesk at https://my.nyi. net. Network downtime is measured from the time the case is opened by a client to the time the server is once again able to transmit and receive data.
2. NYI guarantees an overall Power Availability of 100%. If Customer requests a credit for Power Downtime, and such request is validated by NYI, NYI shall credit Customer in accordance with the provisions hereunder:
   • If in one calendar month a Customer experiences Power Downtime that is not the result of faulty equipment within the Customer’s cabinet or cage or any form of negligence on the Customer’s part, at Customer’s request, Customer will receive a credit towards the invoice which Customer receives two months following the month in which Power Downtime was reported. For the purpose of determining the amount of any credit, Power Downtime will be deemed to commence when the Power outage is reported on NYI’s electrical monitoring system. An alert system notifies NYI support immediately when any Power Downtime is reported on the electrical monitoring system and a trouble ticket will be opened within 5 minutes of NYI’s discovery of Power Downtime if it has not yet been reported by Customer.
   • If there is Power Downtime in the aggregate in any calendar month, Customer shall be entitled to a maximum credit of 100% of that month’s invoice for the portion of the invoice that corresponds to Power at the given Data Center in which Power Downtime occurred. Customer will be entitled to a credit of 5% of that month’s invoice for each 30 minutes that power is not available.
   • If Power Downtime is to occur for more than 72 hours in the aggregate in any calendar month, Customer may give written notice of Customer’s intent to terminate this SLA and any connections or other Services, in which termination will take efect after 30 days.
3. NYI guarantees the functioning of all dedicated server hardware components and will replace any failed component at no cost to the client. Hardware replacement will begin once NYI identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 2 hours of problem identification. In the event that it takes us more than 2 hours to replace faulty hardware, NYI will refund the client 5% of the monthly fee per additional hour of down time (up to 100% of client’s monthly fee). Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the dedicated server agreement.