Service Level Agreement

This is the Service Level Agreement (SLA) covering the performance of Digital Media Center’s network infrastructure. The SLA is between Digital Media Center (DMC) the trading name of DMC Software Limited having their registered address at 38/39 Fitzwilliam Square, Dublin 2, Ireland and the client purchasing our services (The Client).

This SLA is complimented by a separate Terms of Service Policy. The Client agrees that by using DMC services you have read and acknowledged this agreement available on our website at https://www.digitalmedia.center/terms-conditions/. It is not DMC’s duty to inform The Client of updates to these documents; hence The Client is responsible for checking amendments.

DMC reserves the right to update this SLA and any other Terms or Policy at any time. These updates will be at DMC’s discretion and it is agreed that updates are not grounds for cancellation of The Client’s contract. This agreement supersedes any previous agreement between DMC and The Client.

Customer Technical Support

DMC will provide technical support and assistance by telephone, email or instant messaging to resolve day-to-day technical difficulties or queries of The Client. The telephone support services shall be available from 09:00 to 17:30 Monday to Friday. Emergency support is provided 24/7 365 days per year by email. If The Client requests support in an emergency, HI shall use reasonable effort to render support as quickly as possible and shall endeavor to respond to issues raised by The Client within a four hour period from initial notification.

Network Usage

Due to the nature of the Internet DMC cannot guarantee the integrity, accuracy, security or consistency of the stored information on our servers or for data being delivered to or from our servers. The Client agrees to keep a master backup of all stored information. The Client shall not hold DMC liable for any loss of or corruption of data.

The Client agrees to use the DMC network for lawful purposes only in keeping with the terms and conditions of hosting. The Client holds responsibility for anyone accessing the network using their account. It is essential that DMC be informed of any breach of The Client Account; to that effect the username and password(s) should be stored securely to ensure no unauthorised person can gain access to them. The Client will only use the resources allocated to their account and they will not infringe on the rights of third parties by using resources excessively.

DMC will not be held responsible for The Client’s access to third party sites via the DMC website nor for any data that may be transferred to such sites. It is the responsibility of The Client to ensure that any data supplied to third party sites is collected, processed and retained in accordance with the Data Protection Act 1988/2003 and its amendments and/or additions. The Client also agrees to comply with the terms and conditions of the said third party sites.

DMC will use best possible endeavours to protect its servers and network from unauthorised access, according to best industry standards. This may include blocking or re-routing access to DMC servers for security.

Resellers

Where The Client is a reseller of DMC’s services The Client is responsible for ensuring that The Client’s customers are aware of DMC’s latest terms and policy. All responsibility for DMC’s resold services lies solely with The Client.

Network Hardware

The network and servers are protected by industry best security. DMC’s Data Centre that includes our co-located servers are protected by CCTV, secure card areas, air conditioning, smoke detection and fire suppression systems. Monitoring of the site is on a 24/7, 365 days per year basis.

The network connected via multiple upstream IP providers, lies behind state-of-the-art firewalls and includes redundant hardware and power supplies, including UPS to facilitate always available access for all customers.

Network Uptime Guarantee

DMC is proud to offer a 99% network uptime guarantee. While unlikely, it is possible that DMC may experience some downtime lasting no more than a few minutes.

DMC will refund 5% of The Client’s monthly fee for network downtime lasting over 15 minutes. To be eligible for a refund The Client must email our support desk with details of possible downtime. If the problem is within DMC’s control, DMC will measure the time it takes to repair. Refunds will be at DMC’s discretion.

This uptime guarantee excludes scheduled maintenance, server hardware failures which may take longer to repair and network infrastructure problems that are beyond DMC’s control.

Cloud Platform and Hosted Services Uptime Guarantee

DMC is proud to offer a 99% service uptime guarantee. DMC will refund 5% of The Client’s monthly fee for network downtime lasting over 60 minutes. To be eligible for a refund The Client must email our support desk with details of possible downtime. If the problem is within DMC’s control, DMC will measure the time it takes to repair. Refunds will be at DMC’s discretion.

This uptime guarantee includes all Cloud platforms but excludes network infrastructure problems that are beyond DMC’s control.

This uptime guarantee also includes DNS services and HTTPS web services but excludes scheduled maintenance, server hardware failures which may take longer to repair and network infrastructure problems that are beyond DMC’s control.

Dedicated Server Hardware Guarantee

Dedicated server Clients are eligible for DMC’s Hardware Guarantee. If a hardware component included as part of The Client’s dedicated server hardware configuration fails during the term of the contract, DMC will replace it at no charge to The Client.

DMC aim to replace defective hardware causing hardware downtime within 120 minutes of identifying the source of the problem. In exceptional cases replacement may take longer.

DMC will refund 10% of The Client’s monthly fee for hardware failure lasting over 4 hours. DMC will measure the time taken to repair the server. Refunds will be at DMC’s discretion.

This guarantee covers the power supply unit(s), cabling, CPU(s), motherboard, hard disk drive(s), modem(s), network card(s), and disk controller(s).

This guarantee excludes time taken for data recovery or data restoration.

Limitation of Liability

The Client agrees that DMC’s total liability does not extend to any more than the amount the Client has paid for the relevant services. Notwithstanding the above, DMC accepts no liability for any financial loss or damages, however caused, whether consequential or otherwise.