1. Coverage and Terminology

This 100% Uptime Guarantee applies to you ("customer") if you currently hold an account with any of the Shared Web Hosting, Reseller Hosting, VPS Hosting, FlexiSite Hosting and Multi Region Web Hosting Services services from Flexihostings (the "Services") and your account is current (i.e., not past due) with Flexihostings.

As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTTP, as measured by Flexihostings.

As used herein, the term "Flexihostings" represents the company Flexihostings.net, Flexihostings.net.au, Flexihostings.us, Flexihostings.co.uk, Flexihostings.com.sg, Flexihostings.co.nz and Flexihostings.co.za.

2. Service Level

• Objective:
  Flexihostings aims to achieve 100% Web Site Availability for all customers.
• Remedy:
  Except under the conditions mentioned in the next section below, if the Web Site Availability of customer's Web site is less than 100%, Flexihostings will issue a credit to customer according to the following table:
  

  Web Site Availability	Total Downtime in a 30 days	Credit Percentage
  99.9 to 100%	0 to 43.2 minutes	5%
  98% to 99.8%	43.2 mins to 14 hrs 24 mins	10%
  95% to 97.9%	14 hrs 24 mins to 36 hrs	25%
  90% to 94.9%	36 hrs to 72 hrs	50%
  89.9% or below	more than 72 hrs	100%

  
  The credit will be calculated based on the monthly service charge for the affected Services.

3. Maintenance Procedure

• Flexihostings will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
• Flexihostings reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

4. Conditions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

• circumstances beyond Flexihostings's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
• failure of access circuits to the Flexihostings's Network or it's upstream providers, unless such failure is caused solely by Flexihostings;
• scheduled maintenance and emergency maintenance and upgrades;
• DNS issues outside the direct control of Flexihostings;
• issues with FTP, POP, IMAP, or SMTP customer access;
• false SLA breaches reported as a result of outages or errors of any Flexihostings's measurement system;
• customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Flexihostings's Terms of Service and Acceptable Use Policy;
• e-mail or webmail delivery and transmission;
• DNS (Domain Name Server) Propagation.
• outages elsewhere on the Internet that hinder access to your account. Flexihostings is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Flexihostings will guarantee only those areas considered under the control of Flexihostings : Flexihostings server links to the Internet, and Flexihostings's servers.

5. Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefor by sending an email message to dc@flexihostings.net. Each request in connection with this SLA must include customer's domain name, contact details and the dates and times of the unavailability of customer's Web site and must be received by Flexihostings within five (5) business days after customer's Web Site was not available. Upon confirmation of the unavailability by Flexihostings, credits will be applied within two billing cycles after Flexihostings' receipt of customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Flexihostings and are customer's
sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.

6.Limitation

Limitation for all credit, remedy, compensation for all guarantee by Flexihostings is limited to the aggregated monthly subscription fee of the customer for that particular month only.