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CHAPTER D. DEDICATED EQUIPMENT
1. SLA LEVEL
1.1. The Order shall set forth the SLA level chosen by Customer. The SLA level chosen by Customer will determine:
a) the Response Times;
b) the amount of the Time Included;
c) the hourly rates for Advanced Support Services; and
d) the Equipment Replacement Target.
e) If no SLA level has been chosen by Customer, the Basic SLA level shall apply by default.
1.2. Customer may, at any time during the Term, request an upgrade of its SLA level. Section 5 of the General Terms shall apply to such upgrade
request. The chosen SLA level may only be downgraded at the end of the Initial Term or any renewal term (as applicable).
1.3. The SLA level shall only apply to the Services and/or Equipment identified in the Order Form to be covered by the SLA.
2. STANDARD SUPPORT SERVICES
2.1. With respect to all Dedicated Equipment leased from LeaseWeb, LeaseWeb shall upon request of Customer, provide to Customer the
following Support Services (the “Standard Support Services”) free of charge:
a) LeaseWeb will perform Equipment checks to test integrity of the memory modules and hard drives;
b) LeaseWeb shall replace defective Equipment in accordance with Section 3 below;
c) LeaseWeb will (i) use commercially reasonable efforts to restore the OS originally installed by LeaseWeb to an operational state in
cooperation with Customer (i.e. repair bootloader), or (ii) should it reasonably not be possible to restore the OS originally installed by
LeaseWeb to an operational state, use commercially reasonable efforts to reinstall the OS. For the avoidance of doubt, LeaseWeb shall in
no event be responsible or liable for any loss of data, databases or technology related to, or arising from, a malfunction of the OS or the
restoration, or the reinstallation of the OS.
d) LeaseWeb will provide root password resets; and
e) LeaseWeb will provide correction of Network issues to restore IP Connectivity.
2.2. All Standard Support Services are provided “AS‐IS” and on a best efforts basis. LeaseWeb shall not be liable to Customer for any damage
resulting from any Standard Support provided by LeaseWeb, unless such damage is the direct result of gross negligence or wilful misconduct
on the part of LeaseWeb. Any delivery times, turnaround times or deadlines given or agreed in connection with Standard Support Services are
target times only and LeaseWeb shall in no event be liable for failure to meet these target times/deadlines.
3. DEDICATED EQUIPMENT REPLACEMENT
3.1. In the event LeaseWeb determines that (part of the) Dedicated Equipment is defective, LeaseWeb shall replace the defective part of such
Dedicated Equipment within the Equipment Replacement Times set forth in the table below (the “Equipment Replacement Target”).
Table 5: Equipment Replacement Target
SLA EQUIPMENT REPLACEMENT TARGET
Basic 24 hours
Bronze 4 hours
Silver 3 hours
Gold 2 hours
Platinum 2 hours
3.2. In the event that LeaseWeb does not repair or replace the defective Dedicated Equipment in accordance with the Equipment Replacement
Target, Customer shall be eligible to receive a Service Credit (the “Equipment Replacement Credit”) for every 1 hour in excess of the