SLA - Service Level Agreement for Hosted Exchange from LANSOL

1.    Introduction

1.1 LANSOL's own data centre (Rheingönheimer Weg 13, D-67117 Limburgerhof) provides software products as "Software as a Service" to customers of the product line LANSOL Hosted Exchange.

1.2 The following service level agreement - hereinafter referred to SLA in short - is provided by LANSOL GmbH. The SLA is considered included in the terms of contract and is an integral part thereof.

1.3 The SLA defines evaluation criteria for the quality of services provided by LANSOL, so as to allow the customer to evaluate the services provided by LANSOL.

1.4 The following evaluation criteria are to be understood as a voluntary commitment of LANSOL GmbH. They are not assurances in the sense of success which is owed by LANSOL and for which it would be liable. The SLAs are not a guarantee within the meaning of the German Civil Code or an extension of the legal claims entitled to the customer for any breach of duty.

1.5 Instead, any claim of the customer according to the German Civil Code shall be determined on the basis of the service owed by LANSOL, as this follows from the service specification of the product "LANSOL Hosted Exchange" or the rate selected in each case.

1.6 Subject to the following evaluation criteria, the customer shall be entitled to partial reimbursement of the fee for the affected service.

1.7 In the event of conflicting provisions, the agreement in the respective service agreement supersedes the terms of the SLA.

1.8 Otherwise, the general and specific terms and conditions of business of LANSOL GmbH apply.

2. Definitions for the data centre and network availability

2.1 The computer centre of LANSOL GmbH is equipped as follows:

2.2 Clear ceiling height of 2.50m

2.3 Cable trays above a height of 2.50 m

2.4 Air-conditioner with an average temperature setting of 22 °C +/- 4 °C

2.5 Mero access floor with ventilation guide with min. load capacity of 1,000 kg/m²

2.6 Standby generator set, working on a diesel engine, start-up time 1 min.

2.7 Online UPS technology with cooled high-performance batteries

2.8 Access control via key card, transfer to security firm

2.9 Burglary alarm system VDS-certified

2.10 Alarm breaking-in for facility management, fire and burglary to security firm 24x7

2.11 Early fire detection

2.12 Securing premises by a fence system with barbed wire

2.2.1 Data Protection Officer

A Data Protection Officer, who has a legally compliant TÜV certification is appointed by LANSOL: Dirk Schankola Data Protection Officer / DSB-TÜV-1135#311240018

2.3.1 Data centre operator

The data centre of LANSOL GmbH is the exclusive property of the company. The operator of the data centre is:LANSOL GmbH, Rheingönheimer Weg 13, D-67117 Limburgerhof

2.4.1 Network Availability

The network availability is at least 99.9% on average in a year.

2.5.1 Speed - Round Trip Time (RTT) (transmission delay)

The round trip time is the time taken by a data packet from the consignor to the host computer and back.

If a transmission delay (latency), based on the following data from LANSOL is noticed, LANSOL will make commercially reasonable efforts to determine the cause and restore the service level: Transmission delays between two routers in the European part of the network > 80 milliseconds.

2.6.1 Uptime of LANSOL Hosted Exchange

The uptime of our service is round-the-clock, i.e. 24 hours a day, 365 days a year.

2.7.1 Internet connection availability

The availability of the Internet connection can be seen at: www.lansol.de/status-rechenzentrum   or www.lansol.de -> Info & Service -> Status data centre

2.8.1 Availability of services

The Microsoft® Outlook Anywhere service feature (formerly RPC OWA http) is crucial for the availability of LANSOL Hosted Exchange. The Outlook Anywhere service is considered unavailable if the monitoring system managed by LANSOL does not connect in a simulated access. The service availability is calculated as follows:

Availability (%) = (operating time–(number of failed access x 4 minutes)) x 100 / uptime. 

3. Reimbursement of fees, availability commitments

3.1 "Availability of services" section

The availability of the Outlook Anywhere service is 99.9% on average in a year. In case of failure to comply with the guaranteed service availability, the customer receives a refund of 0.033% of the respective monthly flat-rate rent of LANSOL Hosted Exchange for each 30 minutes commenced.

3.2 "Availability of Internet connection" section

The Internet connection availability is 99.9% on average in a year. In case of failure to comply with the guaranteed availability, the customer receives a refund of 0.033% of the respective monthly flat-rate rent of LANSOL Hosted Exchange for each 30 minutes commenced.

3.3 Availability commitments and refunds do not apply in the following cases:

3.4 Force Majeure

3.5 Maintenance measures that call for immediate action of LANSOL, so as to prevent damage

3.6 Failures, for which LANSOL is not responsible, in particular through attacks on the network or mail infrastructure, e.g. viruses or DOS attacks, failures of parts of the Internet that are not within the access range of LANSOL, external DNS routing problems, failures of parts of the backbone Internet infrastructure, technical changes to the host systems, restoration of a backup, involuntary hardware failures or individual components as well as system software failures, which are caused by the manufacturer and on which the infrastructure of LANSOL Hosted Exchange 2010 is based (Microsoft Windows 2008 Server, Microsoft Exchange 2010 Server)

3.7 Planned maintenance, about which the customer was informed beforehand within a minimum notification period of 24 hours (the customer shall designate a technical contact).

3.8 Software installed wrongly by the customer or non-compliance with SLAs caused by customer software.

3.9 The refunds agreed in the SLA apply as the sole and exclusive compensation for customers in the event of non-compliance with the same.  This is recognised by the customer and agrees explicitly to it. This does not apply if the service levels are not met due to intent or gross negligence of LANSOL.

3.10 All data and records of LANSOL form the exclusive basis of all SLA calculations or findings.

3.11 LANSOL reserves the right to amend the provisions of the SLA at any time. In this case, such an amendment shall be effective upon notice to the customer. The written form shall be deemed fulfilled upon receipt of the email by the technical contact specified by the customer. If an amendment to the SLA leads to substantial reduction in the credits or the availability, LANSOL grants the customer the right to cancel the service within a notice period of 30 days from receipt of the notification of the change.

3.12 It is agreed that refunds cannot be cumulated from month to month.

3.13 Deductions and refunds of the monthly remuneration will be initiated by LANSOL and may not be offset independently by the customer.

3.14 If it turns out that a warranty claim does not apply to a complaint reported by the customer, then the expenses of LANSOL for troubleshooting and any fixes shall be borne by the customer. 

4. Refund payments

4.1 The customer must notify LANSOL of refund claims in writing within 14 business days after confirmation of non-compliance with the service levels. If the refund claim is justified, they will be calculated by LANSOL in the next invoice, taking into account the above-mentioned principles.

4.2 The maximum value of the refunds shall be the fees owed in two months. 

5. Maintenance

Maintenance work on the network, infrastructure and the servers required under the contract shall be performed according to the LANSOL maintenance plan.  

6. Severability Clause

If any provision of this service level agreement (SLA) should partially or completely be or become legally invalid or unenforceable, this will not affect the validity of the remaining provisions of the SLA. This also applies to the case of the presence of a loophole in the SLA.