Brinkster Service Level Agreement (SLA) &
Dedicated Server Hardware Replacement Guarantee

Brinkster is committed to providing the highest level of quality service in the industry. We take the uptime of our network and the ability to quickly replace hardware failures very seriously. We believe that this agreement and our commitment to you in this regard should be clear, concise and written in a way that you can easily understand.

The following terms and conditions of this Service Level Agreement (SLA) and Dedicated Server Hardware Replacement Guarantee govern the availability of the internal computer network operated by Brinkster Communications Corporation (Brinkster) and the replacement of hardware related to the dedicated server services for customers (Customer) that have purchased products and services directly from Brinkster.

Customer’s use of Brinkster’s website, network, or any services offered is subject to Customer’s acceptance and compliance with Brinkster’s Universal Terms of Service (UTOS), Dedicated Hosting Terms of Service (DHTOS) and Privacy Policy (PP). Current copies of these agreements may be reviewed or printed by Customer at the Legal section of Brinkster’s website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT BY ORDERING OR USING ANY PRODUCTS OR SERVICES OFFERED BY BRINKSTER THAT IT HAS READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS AGREEMENT AND THE BRINKSTER UTOS, DHTOS, AND PP.

Network Uptime

Brinkster guarantees that the Brinkster network will be available 100% of the time, in any given month, excluding maintenance, as defined below. Customers are eligible for a credit if network downtime, as defined below, occurs.

Maintenance is defined as any maintenance that is performed in the Brinkster datacenter or related infrastructure that the customer is notified at least 24 hours in advance. It is the Customer’s responsibility to maintain correct and up to date contact information with Brinkster.

Network downtime is defined as the unavailability, not as a result of maintenance, of the Brinkster network after five (5) minutes of time as verified by the Brinkster Radical Support Team as a result of failure of equipment owned and managed by Brinkster.

Power and HVAC Availability

Brinkster guarantees that the power and HVAC within Brinkster’s self-operated datacenter will be available 100% of the time, in any given month, excluding maintenance, as defined above. Customers are eligible for a credit if infrastructure downtime, as defined below, occurs.

Infrastructure downtime is defined as the unavailability, not as a result of maintenance, of the Brinkster infrastructure (power and HVAC) after five (5) minutes of time as verified by the Brinkster Radical Support Team as a result of failure of equipment owned and managed by Brinkster.

Dedicated Server Hardware Replacement Guarantee

Brinkster guarantees the functioning of all dedicated server hardware and will replace any failed component at no cost to the Customer within four (4) hours of a reported hardware failure, as defined below, from the time a technician begins working on the problem.

A reported hardware failure is defined by a hardware failure that is reported to the Brinkster Radical Support team and a ticket is generated that documents the problem.

Dedicated server hardware that is covered by this guarantee includes: processor(s), RAM, hard drive(s), motherboard, network card(s) and other hardware directly related to the server provided in the service.

Dedicated server hardware that is NOT covered by this guarantee includes: firewalls, load balancer(s), network switches, and network routers.

The hardware replacement guarantee time does not include the time that may be required to perform data restores, data backups, rebuilding of RAID array(s), application or operating system reloads, operating system fixes, or changes to dedicated server hardware during maintenance. Brinkster reserves the right to change or upgrade hardware to equipment that is as good or better than what was ordered by the customer.

Remedies Available

In the event that network downtime, infrastructure downtime, or hardware replacement that does not occur in the time specified occurs, Customer is eligible, as defined below, for a service credit equal to five percent (5%) of the monthly fee Customer pays for the specific part of the package the service interruption is experienced on for the first five (5) minutes that the event occurs. For each additional continuous thirty (30) minute period, following the initial five (5) minutes that network downtime, infrastructure downtime, or hardware replacement that does not occur in the time specified occurs, Customer is eligible, as defined below, for a service credit equal to five percent (5%) of the monthly fee Customer pays for the specific part of the package the service interruption is experienced on up to a maximum of thirty percent (30%) of the monthly fees payable by Customer in respect to the specific part of the package the service interruption is experienced on.

Credit eligibility is defined as a Customer and network downtime, infrastructure downtime, or hardware replacement that meets the following criteria:

a) The downtime or hardware failure is reported to Brinkster and a ticket is created.
b) The downtime or hardware failure is verified by the Brinkster Radical Support Team.
c) The downtime or hardware failure is reported to Brinkster within 10 days of the occurrence.
d) Customer must be a customer in good standing and not in violation of the UTOS or DHTOS.
e) The downtime or hardware failure meets all credit eligibility exceptions, as defined below.

Credit Eligibility Exceptions

Credits will NOT be issued in the following circumstances:

a) The downtime or hardware failure is caused by Customer or parties authorized by Customer to use the service.
b) Customer is past due at the time the downtime or hardware failure occurs.
c) The downtime or hardware failure is due to a failure of power, facilities, equipment, systems or services not provided, owned, or managed by Brinkster.
d) The downtime or hardware failure is due to a failure of third party service to Brinkster.
e) The downtime or hardware failure is due to a failure of application, software, or operating system failure.
f) The downtime or hardware failure is caused by maintenance.
g) The downtime or hardware failure is due to hacker activity, a denial of service attack, or any other malicious event targeted at Brinkster, the Brinkster network, or a Brinkster customer.
h) The downtime or hardware failure is due to a failure of any network or infrastructure not owned or managed by Brinkster.