PonyGaming Inc agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”). PonyGaming Inc, the company here after referred to as, (“PonyGaming “), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”). Use of PonyGaming Service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”). All provisions of this agreement are subject to change from time to time at the discretion of PonyGaming. Subscriber understands that change to the SLA by PonyGaming shall not be grounds for early contract termination or non-payment.
(“Network”) is defined as all equipment, software and facilities within PonyGaming’s infrastructure, which includes PonyGaming’s contracted and leased services outsourced from its providers, which PonyGaming utilizes to provide its web, game server and voice server hosting services.
1.1 Service Availibility
(“Service Availability”) refers to the total time in a given calendar month that PonyGaming’s infrastructure/network is available throughout the internet, provided that the client and its users have established internet connectivity. PonyGaming takes responsibility for the service availability within its own infrastructure, and what it has control over, however cannot be held liable for issues directly related to external providers, which include bandwidth, software or hardware.
1.2 Service Downtime
(“Service Downtime)” is defined as any unplanned interruption in service availability during which the client is unable to access the rented services as described in preceding section 1.1. Provided that the downtime has been confirmed to have been a result of the fault of an issue within the PonyGaming infrastructure as confirmed by itself, PonyGaming will measure the total length of time of the unplanned service downtime during a calendar month for affected clients.
1.3 Scheduled Service Downtime
(“Scheduled Service Downtime”) is defined as scheduled interruption of service. Scheduled downtime takes place during a PonyGaming defined maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication (email). PonyGaming agrees to schedule its maintenance procedures to take place during times at which clients will be least affected, and to expedite the procedures to reduce downtime incurred.
1.4 Performance Credit
(“Performance Credit”) is defined as the amount credited to a client when 100% service uptime is not met. PonyGaming will credit the customer 5% of its monthly (pro-rated to monthly if on a term other than monthly) service fee for each 1 hour of service downtime incurred up to 100% of the client’s monthly service (rental) fee. Performance credit, or SLA credit, is issued entirely at the discretion of PonyGaming and is only applicable should the service downtime be a result of a direct fault of PonyGaming. Performance credit is NOT applicable in the case of any sort of service attack (DDoS), hardware failure, software failure, or a failure/issue induced by the client themselves.
1.5 Monitoring Service
(“Monitoring Service”) is defined as the service which PonyGaming provides in order to monitor the status of its infrastructure, which includes networks, individual systems and other services. The monitoring service is provided via PonyGaming’s monitoring solutions
(“Support Services”) are defined as the services provided by PonyGaming to assist clients with the management and utilization of the rented services which PonyGaming provides to its clients. PonyGaming agrees that its team and representatives will do its absolute best to assist with any matter involving a direct fault of an item within PonyGaming’s infrastructure; this includes game control panel configurations. PonyGaming cannot guarantee that it will be able to assist in any matter directly related to the software in which it is hosting for its clients, nor anything which its clients add on or change themselves. Any support offered past what involves issues directed at PonyGaming’s infrastructure is provided entirely under the discretion of PonyGaming itself.
Generally, this applies to issues with modded/third party content which clients tend to add onto their rented services.
