1. Standard Terms Applicable to each SLA:
A. Definitions. Except as otherwise modified or defined herein, all capitalized terms in this Spambrella Service Level Agreement have the same meanings as set forth in the Spambrella End User License Agreement (the “Agreement”). For purposes of this Spambrella Service Level Agreement the following definitions will apply.
A.1 “Scheduled Maintenance Window” means the window during which weekly scheduled maintenance of the Spambrella Service (“Service”) may be performed. The Scheduled Maintenance Window shall be posted at the Spambrella support web page and a service alert will be emailed.
A.2 “Emergency Maintenance” means any time outside of Scheduled Maintenance Window that Spambrella is required to apply urgent patches or fixes, or undertake other urgent maintenance activities. If Emergency Maintenance is required, Spambrella will provide the expected start time and the planned duration of the Emergency Maintenance and if Spambrella expects the Service to be unavailable during the Emergency Maintenance through the Spambrella support site.
A.3 “System Availability” means the percentage of total time during which the Service is available to Customer, excluding Scheduled Maintenance Window and Emergency Maintenance.
B. Service Credits
B.1 For each of the SLAs described in Section 2, if in any calendar month the SLA is not met and if Customer has fulfilled all of its obligations under the Agreement and the SLA, Customer will be provided with a Service Credit for the month in which the failure to meet the SLA has occurred. The Service Credit will be calculated in accordance with the tables in Section 3.
B.2 “Service Credit” means the percentage of the monthly fees paid or payable for the Service that is awarded to Customer for a validated claim associated with the Service related to breach of the applicable SLA during that month. Channel Partner is solely responsible for providing Service Credit to Customer. Channel Partner and Spambrella shall abide by the requirements in the applicable Channel Partner Guide between Channel Partner and Spambrella.
B.3 In any given month Customer shall in no event be entitled to receive a credit that exceeds 100% of its monthly fee for the Service.
B.4 Any Service Credits earned by Customer hereunder will be applied to the fees owed by Customer for the next Service subscription period for which the Service Credit applies. Service Credits earned by Customer hereunder will be applied against amounts due for the next subscription period. If Service Credits cannot be applied to future fees because the Agreement has terminated due to Spambrella’s breach of the Agreement, Customer will be paid the amount of the Service Credit.
C. SLA Claims
C.1 All SLA Claims must be made to Spambrella by authorized Spambrella Channel Partners, and initiated by a claim by the affected Customer to the applicable Spambrella Channel Partner.
C.2 Channel Partner must notify Spambrella Customer Support within five (5) business days from date of incident it first believes entitles a Customer to receive a remedy under any one of the SLAs set forth below. If requested by Spambrella, Channel Partner will provide Spambrella a live copy of the applicable email with the original Spambrella headers (complete and untampered with) for analysis. Failure to comply with these reporting requirements may forfeit each Customer’s right to receive a remedy in connection with an SLA.
C.3 For all claims subject to validation by Spambrella, Spambrella will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of SLAs to said incident. Spambrella shall make information used to validate a SLA claim available for auditing by Channel Partner at Channel Partner’s request.
C.4 In the event that more than one aspect of the Service product is affected by the same root cause, the single SLA applicable to such Service of Customer’s choosing may be claimed and no other claim will be validated or otherwise allowed for that event.
C.5 Except for gross negligence or willful misconduct, the remedies set forth herein represents Customer’s and Channel Partner’s sole and exclusive remedy for Spambrella’s breach of the SLAs defined in this SLA.
D.1 Neither Customer nor Channel Partner shall have any remedies under any SLA to the extent any SLA claim is due to: (i) use of the Service outside the scope described in the Agreement; (ii) Customer equipment and/or third party software, hardware or network infrastructure outside of Spambrella’s data center and not under the direct control of Spambrella; (iii) failure of Customer and/or Channel Partner to meet the configuration requirements for Customer equipment set forth in the documentation; or (iv) a force majeure event.
2. SLA Overview
A. Filtering System Availability SLA.
A.1 Spambrella warrants at least 99.999% System Availability for the filtering and delivery of email during each calendar month, excluding Scheduled Maintenance Window and Emergency Maintenance.
B. Email Delivery SLA
B.1 Spambrella warrants that the average of Email Delivery (as defined below) times, as measured in minutes over a calendar month, will be one (1) minute or less. Spambrella Service SLA 1 February 2016.
B.2 For purposes of this SLA “Email Delivery” is defined as the elapsed time from when a business email enters the Service network to when it exits the Service network.
B.3 This SLA applies only to legitimate business email (e.g. not to non-solicited bulk email) delivered to valid Active User accounts that are contracted for the Service.
B.4 Customer shall not have any remedies under this SLA to the extent any SLA claim hereunder is due to (i) delivery of email to quarantine; (ii) email in deferral queues; or (iii) email loops.
Pro C. Virus Filtering SLA
C.1 Spambrella warrants that the Service will Filter (as defined below) 100% of all Viruses (as defined below) contained in an inbound email to an Active User account for which a Service subscription has been purchased.
C.1.1 Spambrella warrants that the Service will Filter 100% of all Viruses contained in an outbound email from an Active User for which a Service subscription has been purchased.
C.2 For purposes of this SLA, the following definitions shall apply:
C.2.1 “Filter” means to detect and block or quarantine all email messages with Viruses that (i) match an available virus signature; (ii) are identifiable by industry standard anti-virus engine heuristics; or (iii) are propagated through registered attachment types.
C.2.2 “Infection” means if an inbound email to an Active User is delivered with a Virus, or if an outbound email from an Active User is processed through the Service with a Virus without being quarantined.
C.2.3 “Virus” means a binary or executable code whose purpose is to gather information from the infected host (such as trojans), change or destroy data on the infected host, use inordinate system resources in the form of memory, disk space, network bandwidth or CPU cycles on the infected host, use the infected host to replicate itself to other hosts, or provide control or access to any of the infected host’s system resources.
C.3 This SLA does not apply to (i) text messages that use fraudulent claims to deceive the Customer and/or Channel Partner and/or prompt the Customer and/or Channel Partner to action (such as phishing); (ii) a binary or executable code installed or run by an end user that gathers information for sales and marketing purposes (such as spyware); (iii) a virus that has been detected and has been cleaned by other virus scanning products; (iv) an ineffective or inactive virus contained in a bounced email; (v) a Virus-infected email that is quarantined by the Service but is subsequently delivered to an end user or administrator by such end user or administrator; (vi) emails containing attachments that are password protected, encrypted or otherwise under an end user’s control; or (vii) any action by a Customer end user or administrator that results in deliberate self-infection.
C.4 Customer will not be eligible to receive a remedy under this SLA if Customer does not provide Spambrella with conclusive written evidence that the Virus was caused by an email that passed through the Service network.
D. Spam Inbound Effectiveness SLA
D.1 Spambrella warrants that the Service will detect 99% of inbound spam in each calendar month.
D.2 This SLA does not apply to false negatives to invalid Active User accounts.
D.3 Spambrella will make a good faith estimation of the spam capture rate based on the regular and prompt submission to the Spambrella support center of all false negatives to report spam missed by the Service.
D.4 Spambrella will estimate the percentage of spam detected by the Service by dividing the number of spam emails identified by the Service as recorded in the Service report logs by all spam emails sent to Customer. Spambrella will estimate all spam emails sent to Customer by adding the number of spam messages (false negatives) missed by the Service and reported to the Service support team to the number of spam emails detected by the Service.
E. False Positive SLA
E.1 Spambrella warrants that the ratio of legitimate business email incorrectly identified as spam by the Service to all email processed by the Service for Customer in any calendar month will not be greater than 1:350,000.
E.2 Spambrella will make a good faith estimation of the false positive ratio based on evidence timely supplied by Customer and/or Channel Partner.
E.3 This SLA does not apply to (i) bulk, personal, or pornographic email; (ii) emails containing a majority of non-English language content; or (iii) emails blocked by a content filtering rule.
3. SLA Schedules System Availability
< 99. 0%
Having moved away from McAfee, we quickly realised our customers had not settled. We decided to set up an open webinar with all customers and Spambrella. Over 80% of our customers opted to move and a positive decision it was!
The Spambrella team have been excellent. I highly recommend their services and technical expertise.
With over 4k end user email users it was top priority that our migration was stable and quick. Spambrella proved to be the perfect choice with hands on technical assistance. We worked late nights migrating our customers from another email security vendor that increased their pricing without prior warning. We are very happy with Spambrella and will continue to recommend this service.
As an MSP Kingdom provides best of breed packaged services to its clients. Spambrella was brought in to replace both our premium and SMB email security/filter options. Spambrella is quick and simple to set up and administer. The Proofpoint connection is valuable and enables us to quickly deploy policy based encryption which is becoming popular. Overall we cannot fault Spambrella as a service or as a team.
Spambrella has been a valued service addition to RCS London. Our clients are very happy with the security features Spambrella provides and the user interaction with the service has been simple and welcomed by all. RCS is a fast growth MSP in London UK and the business requires valuable additions like Spambrella. We recommend Spambrella to other MSP’s looking for a monthly subscription email security service.
Spambrella rescued us and our customers from uncertain times with Postini/Google and now McAfee. As an MSP we have relied upon Spambrella and their support for just over 2 years. Our experience has been positive and we have overcome obstacles using their support team for anything email related (sometimes out of their scope). We recommend Spambrella to all of our customers. Thanks!
Our experience with Spambrella has been great.
Support is very responsive and provide a high level of value.
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