It is Final ASP's mission to exceed our customers. requirements for technology, support, availability, speed, and cost-effectiveness. Final ASP was founded with the vision of providing our customers with first-class hosting solutions. This enables them to free up capital that is better spent on core business functions..
Why Choose Final ASP?
- Most cost effective way to obtain high-end technology
- Reduce technology costs through resource sharing
- 24 X 7 access to our highly skilled and trained staff
- Guaranteed use of cutting-edge technology
- Eliminate migration and hardware upgrade costs
- No more licensing fees
Service Level Agreement
This Service Level Agreement ("SLA") defines the minimum guaranteed level of service Final ASP must provide to any Client using our hosted services.
This Agreement is applicable to any Client of Final ASP that meets the following criteria:
a) The Client agrees to pay for a duration of less than one (1) full annum from signing date.
b) The Client's account must not be in arrears. All invoices must be paid. Once a Client's account falls into arrears, all obligations of Final ASP to honor this SLA are null and void.
3. Entire Agreement
This contract and all sections thereof, represent the entire SLA between Final ASP and its Clients. All other former dialogue, whether written, verbal, electronic or otherwise, should be considered null and void upon qualification for admittance into this Agreement, except where such dialogue or communication is referenced specifically within the terms of this Agreement. All sections of this Agreement are found to be enforceable. If any sections of this Agreement are not enforceable by a court of law, all other sections shall remain in full effect and the non-enforceable section shall be enforced to the fullest extent of the law.
4. The Service
The Final ASP service ("The Service") will be delivered at least on par with how it is described on the Final ASP web site. The features include therein, to any qualified Final ASP Clients, will be available in conjunction with the described service purchased on the Initial Purchase Order. The described service may be modified from time to time as new updates are made to the Final ASP applications. It is the Client's sole responsibility to monitor the described service and The Service itself. The Client must report any inconsistencies between the described service and The Service to Final ASP as soon as realistically possible. Final ASP has a system uptime guarantee of 99.99%.
5. Fees and Payments
The Client, as authorized by an officer or signing authority with The Client's organization on the IPO, hereby to be bound to the terms described within the IPO for the duration described in the same document. If The Client fails to make payment on any of the invoices billable to The Client, The Client hereby forgoes admittance into the terms of this Agreement. Final ASP, in its own discretion, reserves the right to suspend or terminate service to any Client found to be in arrears and may hold the Client's data or hardware if the customer has co-location services from Final ASP as collateral until the Client's account is current or other negotiations are made.
6. Customer Rights
The Client maintains full ownership of their data at all times and under no circumstances does Final SP utilize, transmit or copy a Client's data, except when authorized by The Client or during normal usage of the Final ASP service. Should any breach of this SLA occur, The Client has the right to terminate service after notifying Final ASP of the breach as well as any applicable details that are applicable. Final ASP will endeavor to rectify any such issues that occur and any Final ASP agent is empowered to offer up to and including a 100% refund of the effected months service.
7. We Warrant
We will maintain our server availability on a continuous basis, however do not guarantee continuous Internet service, service at any particular time or integrity of data stored or transmitted via our systems or via the Internet.
8. Indemnity and Limitation of Liability
a) You will indemnify and hold harmless Final ASP and its employees, agents and sub-contractors against any liabilities (this includes any judgment, liability, loss, costs or damage: including litigation costs and reasonable legal fees and: indirect or special losses or profits, business revenue, goodwill or anticipated savings consequential or otherwise) resulting from or arising out of your use of the Products and Services or any other obligation under these Terms and Conditions or the Agreement.
b) Final ASP assumes no liability for any loss, injury, claim, liability or damage of any kind including loss of business, lost profits, lost data or failure of security resulting in any way from your use of the services, including without limitation any errors or omissions to any content, any delay or failure of performance or the unavailability or interruption of service. Accordingly, Final ASP shall not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever, whether or not foreseeable (including, without limitation, lawyer’s fees) even if it has been made aware of the potential thereof, in any way due to, resulting from or arising in connection with the services or the failure of a party to perform its obligations, regardless of any parties negligence. Termination of the Agreement shall be your sole and exclusive remedy for any and all damages or injury.
c) Final ASP will not be liable for the inadvertent disclosure of, corruption of or erasure of data transmitted or received or stored on our system.
9. Service and Support Levels
Final ASP will respond to each accordance with its severity code and depending on whether the Fault occurs within or outside Business Days, in accordance with the following table of response times and resolution targets:
|1||30 minutes||2 hours||1 hour||4 hours|
|2||30 minutes||4 hours||1 hour||6 hours|
|3||2 hours||8 hours||4 hours||8 hours|
|4||8 hours||2 Business Days||Next Business Day||2 Business Day|
Final ASP Backup Policies and Procedures
Final ASP LLC will provide all system, application and database backups by utilizing an automated robotic library and linear tape-open ("LTO") technology. Backups will be scheduled in a production mode by an automated scheduling system and will be monitored by the Data Center Operations stall on a 24x7x365 basis. Backups will be performed nightly either in an incremental or full capacity, based on the individual application requirements. The customer's databases will be backed upon a "live" basis if required. A complete (full) backup will be performed each weekend. On a weekly basis, Final ASP will send the weekly backup copies offsite for disaster recovery purposes. The offsite storage location will be in a locked-down environment limited by badge access and stored in a vault by a media vaulting service.
Final ASP will follow the following retention procedures for production:
Daily Backups to disk will be stored for a period of 30 days.
Weekly off site tape will be stored for a period of one month.