This Service Level Agreement (“SLA”) describes certain performance and security components regarding the services provided by IT CLOUDVISION, LLC (“IT CLOUDVISION”). This SLA applies to you (“Customer”) if you have ordered any of the Windows Server 2008 and Windows 2012 based hosting services from IT CLOUDVISION (the “Services”) and your account is current (i.e., not past due) with IT CLOUDVISION.

The Cloud Services Agreement between you and IT Cloudvision and IT CLOUDVISION’s Acceptable Use Policy complements this SLA. IT CLOUDVISION agrees to abide by the terms of this SLA, and requires its customers to do likewise. IT CLOUDVISION shall use commercial best efforts to provide continuous and consistent service with respect to this SLA. IT CLOUDVISION reserves the right to add, subtract or amend the terms of this agreement at any time upon twenty (20) days notice. Such notice shall be given to the customer’s administrator via e-mail and reflected in the SLA posted on the IT CLOUDVISION website (www.itcloudvision.com).

  1. Service Description

    IT CLOUDVISION co-locates the hosted services in a data center in Jacksonville, Florida and Dallas,Texas.

    1. Physical Security and Environmental Control

      IT CLOUDVISION protects the hosted services against unauthorized physical access and the threats of fire, power, temperature, humidity and other physical forces.

      • Physical access to the data center is protected by card access security systems and strictly limited to authorized IT CLOUDVISION personnel. Other persons are admitted only on an as needed basis (e.g., to maintain hardware components) and only under supervision.
      • Environmental control is provided by a redundant HVAC system.
      • The data center protected by a state-of-the art fire prevention system.
      • Battery backup systems and redundant diesel generator supply continuous power.
    2. Network Access and Security

      IT CLOUDVISION protects the hosted services against unauthorized network access and takes related security measures to protect its customers. IT CLOUDVISION:

      • Uses Cisco routers, switches, and firewalls.
      • Uses a redundant architecture and/or enterprise level servers provided by Dell and Hewlett Packard.
      • Configures each server with a switched one thousand (1000) Mbps Fast Ethernet connection and connects to multiple Internet backbones twithin a major telecommunications hub.

      Customer Responsibilities:

      • Customers (or their agents) are responsible for properly maintaining the functional operation of all workstation equipment including connectivity to the Internet.
      • Prior to alleging any connectivity problems, the customer will verify that they are able to reach major sites such as www.msn.com or www.google.com.
      • Customer is responsible for configuration of their Internet firewall to allow all necessary ports to be used.

    Data Security

    IT CLOUDVISION takes significant measures to protect customer information such as:

    • All customer data is located on secure servers or directories that require access authentication.
    • IT CLOUDVISION installs third party, antivirus software on its front-end SMTP servers, which are utilized for the Exchange service. This software is configured to check all messages coming into and leaving the Exchange server (messages sent between mailboxes on the server are not scanned) for viruses according to the virus-detecting heuristics provided with the software. As a part of the Antivirus software service, these heuristics are regularly updated. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message.
    • IT CLOUDVISION employs RAID techniques to ensure the integrity of the data on its servers.
    • IT CLOUDVISION schedules nightly network backups of all hosted data to the shared backup devices. This backup is monitored and checked for errors, and regularly scheduled tests of the restoration procedures are performed. Backup copy retention time is one week. IT CLOUDVISION does not guarantee that a valid backup is available for every night of this 7-day period.
    • All IT CLOUDVISION data restores are fee based. This includes Exchange, SharePoint, Web Hosting and Database Hosting.
      • Exchange Mailbox/Public Folder Restoration: $250.00 per mailbox or public folder restore. Please note that items within a mailbox that have been accidentally deleted can usually be restored directly from Deleted Items by the end user, even after the Deleted Items folder has been emptied. (Instructions for this procedure are contained within Outlook’s Help system). If a mailbox or public folder cannot be recovered from the online Deleted Items storage, and IT CLOUDVISION must restore the items from the backup tapes employed in our disaster recovery systems, IT CLOUDVISION will restore these items after receiving an approved request from a designated administrator of the customer and acknowledgement of all fees.
      • SharePoint Restoration: $150 per restore. Please note that items within a SharePoint site that have been accidentally deleted can usually be restored directly from the Recycle Bin of the SharePoint site. If a SharePoint item cannot be recovered from the SharePoint site’s Recycle Bin, and IT CLOUDVISION must restore the items from the backup tapes employed in our disaster recovery systems, IT CLOUDVISION will restore these items after receiving an approved request from a designated administrator of the customer and acknowledgement of all fees.
      • Restoration of all other data types: $100 per restore. This includes any data restoration for items not specifically listed in the Exchange Mailbox/Public Folder and SharePoint Restoration sections. IT CLOUDVISION will restore these items after receiving an approved request from a designated administrator of the customer and acknowledgement of all fees.
    • If a disruption of the hosted Service occurs, IT CLOUDVISION will assign the highest priority and will make our best commercial efforts to ensure the timely restoration of the Service. Depending on the type of disruption that has occurred, IT CLOUDVISION may elect to first restore the Service without Client data. Any data not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with the highest priority.
    • IT CLOUDVISION is not responsible for data loss resulting from the failure or loss of the data storage or backup media.

    Customer Responsibilities:

    The following customer requirements enhance data security:

    • Customers must use discretion granting administrator privileges.
    • Users must not share their login identifier or password.
    • We recommend that users change their passwords at least every thirty (30) days.
    • Users must select passwords that are eight (8) characters or longer that include a combination of upper and lower case with mixed alpha and numeric text.
    • IT CLOUDVISION advises customers to use up-to-date, local Antivirus software. IT CLOUDVISION is not responsible for infection of end-user devices or lost or corrupted messages due to Antivirus software running on the Exchange server.
  2. Service Availability

    As used herein, the term “Service Availability” means the percentage of a particular month (based on 24-hour days and an assumed 30-day month) that access to IT CLOUDVISION ‘s data center network, shared hosted applications, fully-managed customer servers and customer’s data is available.

    Guarantee

    IT CLOUDVISION will use commercial best efforts to provide customers with 99.5% service availability relating to its hosting. Service Availability is calculated by the number of hours the service is available to customers plus the total number of hours, if any, the service is scheduled to be unavailable, divided by the total number of hours in that month

    Exceptions

    Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

    • Circumstances beyond IT CLOUDVISION ‘s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
    • Failure of access telecommunication circuits to the IT CLOUDVISION Network, unless such failure is caused solely by IT CLOUDVISION;
    • Scheduled maintenance and emergency maintenance and upgrades;
    • DNS or domain issues outside the direct control of IT CLOUDVISION;
    • Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer) including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the services in breach of IT CLOUDVISION ‘s Cloud Services Agreement or AUP; or
    • Outages elsewhere on the Internet that hinder access to your account.

    Scheduled Maintenance

    To guarantee optimal performance of the services, it is necessary for IT CLOUDVISION to perform routine maintenance on the servers. Such maintenance often requires taking servers off-line and is typically performed during off-peak hours.

    IT CLOUDVISION reserves the right to plan a scheduled outage with forty-eight (48) hours advance notice. IT CLOUDVISION will use commercial best efforts to schedule these outages at non-peak hours and limit their occurrence to strictly necessary upgrades and required maintenance.

    It is the responsibility of the administrators to notify all persons within their organizations of scheduled outages.

  3. Technical Support

    IT CLOUDVISION maintains high quality customer care to ensure customer satisfaction.

    IT CLOUDVISION technical support operates 24/7. IT CLOUDVISION provides a variety of ways for customers to request help or otherwise make inquiries.

    • An online Support module may be used to report and track issues. The online support can be accessed via IT CLOUDVISION ‘s support at support.itcloudvision.com
    • Telephone support on business days from 8:00 a.m. to 5:00 p.m. at (904) 525-8825
    • An online technical knowledge base is available at anytime on IT CLOUDVISION ‘s website www.itcloudvision.com

    NOTE: Access to Technical Support is limited to the designated administrator(s) for Customer.

    Severity categories and response times are as follows:

    Severity #1 – assigned to outages that keep a business from being able to access one or all of their applications.

    Severity #2 – assigned to a situation that slows an organization’s response time or limits the functions of one of the applications.

    Severity #3 – assigned to a general question or requests for enhancement.

    Description Severity #1 Severity #2 Severity #3
    Status Updates 2 hours 24 hours 3 business days
    Third Party Vendor Coordination Yes Limited If required
    Resolution report identifying the cause of the problem Yes Yes If required

    Customer Responsibilities:

    It will be the Customer’s responsibility to maintain current profile information for their administrators using the IT CLOUDVISION support sirte in order to receive notifications, which are made via e-mail.

  4. Business Continuity Provision

    In the event IT CLOUDVISION is unable to continue service to Customer, IT CLOUDVISION will use commercial best effort to provide no less than two (2) weeks of interim service.

    During this period, IT CLOUDVISION will provide access to and at no cost the most current data backups, as well as all necessary information, including application settings and utilities, in order to facilitate a transition of Customer’s service to another provider or in-house implementation.

 

IT CLOUDVISION, LLC

By:_____________________________

Dated:_____________________________

CUSTOMER

By:_____________________________

Dated:__________________________