MWM Consulting, Inc. | Service Level Agreement | Kansas City Website Design, Development & Hosting

MWM Consulting, Inc. is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the MWM Consulting, Inc. network. The MWM Consulting, Inc. Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of MWM Consulting, Inc's. web hosting services.

Uptime Guarantee
MWM Consulting, Inc. strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by MWM Consulting, Inc. monitoring systems or MWM Consulting, Inc. authorized/contracted outside monitoring services. If MWM Consulting, Inc. fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. MWM Consulting, Inc. will credit a full month's service. Details on how credit amounts are calculated can be found below.

Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the MWM Consulting, Inc. network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, terrorism, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
Telco Failure (i.e. Verizon™ cutting a fiber line somewhere).
Backbone peering point issues (i.e. UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast).
Scheduled maintenance for hardware/software upgrades.
DNS issues not within the direct control of MWM Consulting, Inc.
Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of MWM Consulting, Inc. service(s) in breach of MWM Consulting, Inc. Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity
MWM Consulting, Inc. goal is to make the MWM Consulting, Inc. network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a MWM Consulting, Inc. service failure for more than 15 consecutive minutes, excluding service failures relating to MWM Consulting, Inc. scheduled maintenance and upgrades. The MWM Consulting, Inc. network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. MWM Consulting, Inc. goal is to keep Average Round-Trip Latency on the MWM Consulting, Inc. network to 85 milliseconds or less. MWM Consulting, Inc. defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the MWM Consulting, Inc. network and major US backbone peering points during such month, as measured by MWM Consulting, Inc. MWM Consulting, Inc's. goal is to keep Average Packet Loss on the MWM Consulting, Inc. network to 1% or less. MWM Consulting, Inc. defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the MWM Consulting, Inc. network during such month that are not successfully delivered, as measured by MWM Consulting, Inc.

Credits
Credit requests must be made via the MWM Consulting, Inc. web site. Each request in connection with network/server outages/downtime must be received by MWM Consulting, Inc. within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by MWM Consulting, Inc. within five days after the end of such month. The total amount credited to a Client for MWM Consulting, Inc. not meeting SLA service levels will not exceed the service fees paid by Client MWM Consulting, Inc. for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after MWM Consulting, Inc. receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by MWM Consulting, Inc.. Upon Client's request (in accordance with the procedure set forth below), MWM Consulting, Inc. will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to MWM Consulting, Inc. and confirmed by MWM Consulting, Inc. measurement reporting. Such credit will be equal to one MONTH's worth of service. If Average Round-Trip Latency on the MWM Consulting, Inc. network for a calendar month exceeds 85 milliseconds, then upon Client's request, MWM Consulting, Inc. will issue a credit to Client equal to one MONTH's worth of service. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, MWM Consulting, Inc. will issue a credit to Client equal to one MONTH's worth of service.

Account Cancellations
Your account can only be cancelled by contacting MWM Consulting, Inc. directly, either by phone or email.

Terms of Payment & Late Fees
MWM Consulting, Inc. works under a Net 30 payment term. This means that all invoices must be paid in full within 30 days to avoid incurring any late fees. A late fee of 1% of the invoice total will be assessed for each month that the invoice remains unpaid.

General
MWM Consulting, Inc. reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, MWM Consulting, Inc. makes no claims regarding the availability or performance of the MWM Consulting, Inc. network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.