Service Level Agreement

Last Updated: March 23, 2022

This Service Level Agreement ("SLA", "Service Level Agreement", "Agreement") is an agreement between Infraly, LLC DBA Physgun ("Infraly, LLC DBA Physgun", "Physgun", "us", "we" or "our") and you ("user", "client", "customer", "you" or "your"). This Agreement sets forth the service level agreement of your use of the physgun.com website, other sites we own and operate, and any of its products or services (collectively, "Website", "Products", or "Services").

Owner contact: management@physgun.com

Uptime Guarantee

Infraly, LLC DBA Physgun guarantees an uptime of 99.99% across all services. In the event Infraly, LLC DBA Physgun fails to uphold the 99.99% uptime guarantee (as solely determined by us) excluding the following factors, then credit will be distributed permitting proper procedure is followed. Infraly, LLC DBA Physgun reserves the right to deny any SLA credit. All SLA claims will be investigated and considered according to this Agreement.

Hardware

In the event of a hardware failure, Infraly, LLC DBA Physgun will replace the hardware. We guarantee a replacement within twelve (12) hours of the confirmed diagnosis of hardware failure. The time period only pertains once the failure has been identified and not the beginning of the downtime period.

Infraly, LLC DBA Physgun will replace all faulty hardware on dedicated servers, at no charge to the client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Infraly, LLC DBA Physgun is not liable for hardware failure on any client colocated server.

Network

Infraly, LLC DBA Physgun guarantees an uptime of 99.99% across all services, including network connectivity. Powered by market-leading Juniper & Cisco equipment, our robust infrastructure has redundancy on every level. In the event the 99.99% uptime guarantee of network connectivity is not fulfilled, a credit can be requested.

Network connectivity is defined as the ability to:

  • • Enable or facilitate phone calls or other means of communication or data transmission
  • • Provide a connection to the internet
  • • Colocation services

Power

Infraly, LLC DBA Physgun guarantees an uptime of 99.99% across all services, including power. In the event the 99.99% uptime guarantee of power is not fulfilled, a credit can be requested.

Exclusions

Infraly, LLC DBA Physgun guarantees an uptime of 99.99% across all services. In the event the 99.99% uptime guarantee is not fulfilled, a credit can be requested.

The following are exclusions from the Infraly, LLC DBA Physgun Service Level Agreement and do not qualify for credit to be awarded:

  • • Periodic scheduled maintenance or repairs we may undertake from time to time that are announced more than three (3) days in advance
  • • Interruptions caused by you or your activities
  • • Outages that do not affect core service functionality
  • • Outages related to the reliability of certain programming environments
  • • Downtime caused by a reseller of our services
  • • Client in bad standing with Infraly, LLC DBA Physgun (suspended services, unpaid invoices past due dates, abuse)
  • • Cancellation requests created before, during, or after the downtime

Claiming SLA Credit

The following procedure must be followed in order to claim SLA credit. If not followed, no SLA credit will be administered. If you feel entitled to SLA credit as outlined above, please follow the procedures below:

  • • Open up a support ticket to the client relations team through the client area within forty-eight (48) hours of downtime being resolved
  • • List the service(s) affected, outage time, and total affected outage period
  • • Provide any other necessary information to assist with administering SLA credit

SLA credit will be administered to client area accounts. SLA credit will not be applied directly to services. SLA credit can be used to purchase new services, or pay for invoices on current services. SLA credits will be distributed as follows:

  • • A 5% credit will be given for every thirty (30) minutes of downtime regarding power or network as the root cause of the downtime without exceeding one (1) month worth of service
  • • A 5% credit will be given for every additional hour after the twelfth (12) hour of downtime regarding hardware failure as the root cause of the downtime without exceeding one (1) month worth of service

In the event the downtime does not meet the required time of thirty (30) minutes for downtime caused by power or network connectivity, no SLA credit will be awarded. In the event the downtime does not meet the required time of one (1) hour after the initial twelve (12) hour grace period for downtime caused by hardware failure, no SLA credit will be awarded.

Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to the website or services at any time, effective upon posting of an updated version of this Agreement on the website. When we do, we will post a notification on our website, Discord, and email you. Continued use of the website after any such changes shall constitute your consent to such changes.

Acceptance of This Agreement

You acknowledge that you have read this Agreement and agree to all conditions listed. By using the website or its services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the website and its services.

Questions About This Agreement?

If you have any questions or concerns about this Service Level Agreement, please don't hesitate to reach out to us.

Contact Physgun Support