Service Level Agreement
This MAX MailProtection Service Level Agreement ("SLA") is a policy governing the use of the MAX MailProtection service and shall be incorporated by reference into the MAX Mail Service Agreement. This SLA shall apply separately to each customer ("Customer") using the MAX MailProtection service. Unless specified otherwise herein, this SLA is subject to the terms of the MAX Mail Service Agreement.
LogicNow understands the critical nature of Internet email. In providing the MAX MailProtection Service, LogicNow shall take reasonable steps to ensure that incoming and outgoing email messages are delivered to the destination server, that spam and viruses are identified as such, and that its message processing shall not cause delays with message deliveries. LogicNow commits to the following service levels ("Committed Service Levels"):
Reliability - 100% uptime for message processing and email delivery
Spam detection - 99% capture rate of incoming junk email
Virus defense - 100% protection against viruses
False positives - Limited to 1 in 100,000 messages
Latency - 60 seconds or less average message processing time
The committed service levels shall be defined in more detail and interpreted in accordance with the "Service Commitment Levels - Definitions and Measurements" section herein and are subject to the terms and conditions of the MAX MAIL Service Agreement.
In the event that the MAX MailProtection service does not meet one or more of the Committed Service Levels in a given month, and Customer has fulfilled all its obligations under the MAX Mail Service Agreement, LogicNow, upon Customer's request within seven (7) days of such event, will credit Customer's account the pro-rated charges for one (1) day of the contracted MAX MailProtection Service fees. Credits will not apply to charges other than the fees for the affected MAX MailProtection Service, and Customer's account shall not be credited more than once per month for each Committed Service Level.
Service credits are calculated as a percentage of the total charges paid for the MAX MailProtection service for the billing cycle in which the Committed Service Level was not met. LogicNow will apply any service credits against future payments, or at LogicNow's discretion LogicNow may credit Customer's credit card. The service credit shall not otherwise create an entitlement to any refund or other payment from LogicNow, and may not be transferred or applied to any other balance due, unless specifically approved by LogicNow. The service credit will be applicable issued only if the credit amount is greater than 1 U.S. Dollar.
It is understood that the sole and exclusive remedy for any unavailability or non-performance of the MAX MailProtection service shall be the receipt of this service credit, or termination of the MAX MailProtection service in accordance with the terms of the MAX Mail Service Agreement.
To receive a service credit, Customer must send a request by email to MAXMPSLA@logicnow.com. The credit request must include the affected domain name(s), a detailed explanation of the errors or non-performance experienced, and any accompanying documentation. If the non-performance is confirmed by LogicNow, the service credit will be issued on the subsequent billing cycle. Credits are exclusive of any applicable taxes charged to Customer or collected by LogicNow or its agents.
The Committed Service Levels shall not apply to any non-performance of the LogicNow services resulting from factors outside of LogicNow's reasonable control, including but not limited to Internet connectivity problems outside of LogicNow's network; errors with hardware or software used by Customer or by third parties; misconfiguration of DNS or mail server settings by Customer or its agents; or any limitations defined in the MAX Mail service agreement, including but not limited to Force Majeure events.
If a dispute arises about whether or not a Committed Service Level was achieved, LogicNow shall make a determination in good faith based on any data provided by Customer, as well as data from LogicNow's system logs and monitoring systems. In its sole discretion, LogicNow may use records from its logs and monitoring systems as the basis for all service availability calculations and determinations.
From time to time, LogicNow performs scheduled maintenance, including maintenance at the third-party data-centers at which the MAX MailProtection Services are hosted. GFI's architecture is designed to enable such scheduled maintenance without interrupting Customer's use of the MAX MailProtection service. Should it be necessary for LogicNow to schedule maintenance that does affect the availability of the service, LogicNow will make all reasonable attempts to provide advance warning to Customers and to schedule such maintenance at non-peak times. The SLA shall not apply during times of scheduled maintenance.
Service commitment levels - Definitions and measurements
Reliability is defined as the availability of the LogicNow MAX MailProtection service's message handling capabilities, specifically the receipt, spam and virus filtering, and delivery of email messages.
Viruses are defined as malicious executable files attached to incoming emails.
Spam capture rate shall be measured as the number of incoming junk mail messages detected or blocked by the MAX MailProtection service , divided by the total number of actual incoming junk mail messages received, for a given Customer domain during a given calendar month. Messages that are blocked through recipient validation, IP reputation, and other non-content related techniques shall be included as captured messages in the analysis. Customers must use a Medium, High or Very High filtering aggressiveness (i.e. not a "Low" or "Very Low" aggressiveness) to receive the guaranteed 99% or better spam capture rate.
False positives shall be measured as the number of legitimate incoming mail messages that were errantly detected as junk mail by the MAX MailProtection service, divided by the total number of total email messages received, for a given Customer domain during a given calendar month. Messages sent in bulk (including marketing mailings and other high-volume email messages) shall not be counted as false positives. Customers using a "High" or "Very High" filtering aggressiveness will see a higher percentage of false positives and this Service Level Commitment shall not apply.
Message latency shall be measured as the average length of time that the MAX MailProtection systems require to analyze a message after accepting it, for a given Customer domain during a given calendar month. Latency shall not include deferral times due to use of grey listing, nor network transit time.