SecureMyCompany Service Level Agreement (SLA)

This Service Level Agreement (“SLA”) is a binding agreement between SecureMyCompany, Inc. and Customer that supplements the Terms of Service executed between the parties (the “Agreement”). Terms defined in the Agreement will have the same meaning when used in this SLA.

1. Remedies for Service Failure
   1. “Fifteen (15) minutes of downtime equals 1 day of credit”:
      • (1) If a specific service provided by SecureMyCompany (the “Service”) does not achieve the performance levels described in Network Performance, SecureMyCompany Services Availability or SecureMyCompany Partner Services Availability (“Failure”), SecureMyCompany will provide Customer with one day of Service Credit for every fifteen (15) minutes of unscheduled downtime (measured in fifteen (15) minute increments), pursuant to the provisions, requirements and limitations of this SLA.
      • (2) Service Credit is given for the duration of the Failure (“Failure Period”), up to one hundred percent (100%) of Customer’s Fees for the specifically effected service for the then current billing month. For example, if the Failure Period is 2 hours, then a credit of eight days is applied.
   2. Exclusive Remedies.
      • The remedies set forth in this Agreement are Customer’s or Customer’s sole and exclusive remedies for Failure, except as specifically set forth in the Agreement. Nothing in this SLA creates nor implies a warranty. No refunds will be issued, including cases where customers are at the end of their pre-paid term.

SecureMyCompany Services Availability

SecureMyCompany will provide access to the following applications or services “SecureMyCompany Applications and Services” via the online portal at http://www.securemycompany.com:

• SecureMyCompany Self-Registration and Provisioning System
• SecureMyCompany Partner Services Single Sign On (SSO) Portal
• Kaseya Enterprise IT Management Suite

SecureMyCompany Partner Services Availability

SecureMyCompany Partners will deliver the following applications or services “SecureMyCompany Partner Services” via a Single-Sign On (SSO) link located within a secure portion of the SecureMyCompany Portal located at http://www.securemycompany.com.

• McAfee Managed Services Portal
  • McAfee AntiVirus plus AntiSpyware program
  • McAfee Managed Services Report Generator

Network Performance Guarantee

SecureMyCompany will deliver “Network Performance” exceeding the specifications listed below over a thirty (30) day period:

Network Outage < 60 Seconds

A Network Outage Failure is defined as an unscheduled period in which IP services are not useable, due to the capacity of the SecureMyCompany network or a hardware failure in the SecureMyCompany network, from within the SecureMyCompany network for at least 60 contiguous seconds.

North American Network Performance

• Packet loss to
  • West Coast of North America < 0.2%
  • East Coast of North America < 0.3%
• Latency to
  • West Coast of North America < 45 ms
  • East Coast of North America < 90 ms
• Jitter to
  • West Coast of North America < 1.0 ms
  • East Coast of North America < 1.2 ms

SecureMyCompany currently measures performance to the following North American networks:

Verio, Level3, Above.net, UUNet.

South American Network Performance

• Latency to South America < 220 ms
• Maximum jitter will not exceed 10 milliseconds.

SecureMyCompany currently measures performance to the following South American networks:

Brazil: UOL, STI
Chile: Netline, Firstcom
Argentina: UOL Sinectus, Sion

European Network Performance

• Latency to Europe < 170 ms
• Maximum jitter will not exceed 10 milliseconds.

SecureMyCompany currently measures performance to the following European networks:

France: Tiscali, France Telecom, Neuf Telecom
United Kingdom: NTL, Zen , Pipex
Germany: Star 21 Networks, PJS net, T-Online

Asian Network Performance

• Latency to Asia < 170 ms
• Maximum jitter will not exceed 10 milliseconds.

SecureMyCompany currently measures performance to the following Asian networks:

Japan: Singtel, Tuka, IA Japan
Hong Kong: Uni Net, Linkage, HK Supernet
South Korea: Kornet, Moumnet, BoraNet / SuperNet

Australia Network Performance

• Latency to Australia < 180 ms
• Maximum jitter will not exceed 10 milliseconds for more than 0.1% of a calendar month.

SecureMyCompany currently measures performance to the following Australian networks:

Optusnet, iiNet, aaNet, Netspace, TPG, Adam Internet

South Africa Network Performance

• Latency to South Africa < 475 ms
• Maximum jitter will not exceed 10 milliseconds for more than 0.1% of a calendar month.

SecureMyCompany currently measures performance to the following South African networks:

South Africa: Coza, XSInet, Inloco
Zimbabwe: Mweb, Utande, Telconet

Network Performance Terms and Limitations

Network Performance - SecureMyCompany guarantees that at least two (2) of the specified networks in each region meet the regional performance specifications at any given time. SecureMyCompany reserves the right to change the specified networks measured and the specific hardware devices on those networks to which performance is measured without notice.

Packet Loss - Packet loss results from network traffic failing to reach its destination in a timely manner. Most commonly packets get dropped when the time to live expires before the destination can be reached, usually due to poor (high) network latency.

Latency - A synonym for delay, latency is an expression of how much time it takes for a packet of data to get from one designated point to another.

Jitter - The variation in the end-to-end delay between received packets of an IP or packet stream. Jitter is usually caused by imperfections in hardware or software optimization and varying traffic conditions and loading.

Maximum Jitter - The maximum jitter experienced within any 15 minute period when there is no network outage.

Network SLA Limitations

This SLA does not cover:

(a) the network performance to the Customer’s physical location or internet access points, such as their local DSL/cable modem

(b) failures due to denial of service attacks.

Domain Name Services

Primary DNS availability: 100%

“DNS” refers to a domain name server. This SLA does not promise propagation of zones across the internet, errors resulting from erroneous DNS entries, or the hosting of secondary DNS service for Customer’s primary domain in another location. A DNS Failure Period is any time during which all SecureMyCompany Domain Name Servers are not responding to requests for name resolution from within the SecureMyCompany network, and this failure affects the performance of Customer Internet services.

Service Credit Requirements

1. Customer must open a valid and complete Emergency Trouble Ticket during the Failure Period providing complete information regarding the nature of the problem and any information necessary for diagnosis and correction. It is Customer’s responsibility to provide this notification that a failure has occurred while it is occurring even if monitoring services are contracted to SecureMyCompany.
2. Customer is solely responsible for providing SecureMyCompany accurate contact information for Customer's designated points of contact using the customer portal. Customer must keep a maintenance account(s) on the SecureMyCompany equipment for use by SecureMyCompany Engineers. Any failures to deliver on the requirements of this SLA due to SecureMyCompany’s inability to contact Customer or gain access to the server are not eligible for a service credit.
3. Customer must request the service credit by accurately completing an SLA Credit Request ticket online at http://www.securemycompany.com/sla-request.php within 48 hours of the start of the Failure Period in order to be eligible for service credits under this SLA.
4. The minimum Failure Period eligible for a service credit is five minutes (300 seconds).

Service Credit Limitations

1. The maximum credit for any single Service Level issue is one month’s Service fees. The maximum credit during a single calendar year is two months’ Service fees, regardless of the length of downtime and number of occurrences.
2. Credits available pursuant to this SLA apply only to future service delivery. SecureMyCompany will not provide refunds under any circumstances. In the event that the affected service is no longer part of the customer’s subscribed services at the time the credit is applied, credit will be applied to the next invoice(s) charged on customer account until credit is depleted. If the affected server has a prepaid service term, the credits applied to the customer account can be applied to the next unpaid service term or to pay for additional services or products purchased prior to renewal or in lieu of renewal. If for any reason a credit balance remains in customer account due to SLA concessions upon account termination, such credits will be forfeited. Professional service, consulting, bundled support and setup fees are not covered in this SLA.
3. Only the specific hardware elements impacted by the Failure are covered under this SLA even if other services and hardware elements have application level dependencies. SecureMyCompany will determine, at its sole discretion, what constitutes a service outage and what services and hardware elements were affected on a case by case basis.
4. Notwithstanding any provision to the contrary above, the following do not constitute Failures: (1) downtime during maintenance periods, scheduled or unscheduled; (2) outages caused by Customer's applications, equipment, or facilities; (3) outages caused by acts or omissions of Customer, or any use or user of the Service authorized by Customer; (4) outages caused by hackers, sabotage or viruses; (5) DNS issues outside of SecureMyCompany’s control; and (6) outages resulting from force majeure. Unscheduled maintenance refers to any emergency corrective action procedures required to remedy conditions that are likely to cause severe service degradation. This may include but is not limited to unexpected hardware failure, software corruption, or software exploitation through viruses/worms. SecureMyCompany provides more than 72 hours notice of scheduled maintenance and endeavors to ensure that customers are properly notified before, during, and after any maintenance, although notification is not guaranteed under this SLA.

Terms of Service (TOS)

In the event of any conflict between this SLA and the Agreement, the terms of the Agreement will govern.