| Service Level Agreement (SLA) and 99.95% Uptime Guarantee |
| For Shared Web Hosting Services |
| |
| 1. Coverage and Terminology |
| This Service Level Agreement (SLA) applies to you ("customer") if
you currently hold an account with any of the Shared Web Hosting 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 and/or HTTPS, as measured by Flexihostings.
As used herein, the term "Flexihostings" represents the company Flexihostings.net,
Flexihostings.net.au, Flexihostings.eu, Flexihostings.co.nz and Flexihostings.co.za |
| |
| 2. Service Level |
| a.Objective: |
| |
Flexihostings aims to achieve 100% Web Site Availability for all customers. |
| b. 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 |
0% |
| 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 |
| 1. |
Flexihostings will do its best to announce any scheduled maintenance at
least 24 hours ahead of time to the customer. |
| 2. |
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: |
| 1. |
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; |
| 2. |
failure of access circuits to the Flexihostings's Network or it's upstream
providers, unless such failure is caused solely by Flexihostings; |
| 3. |
scheduled maintenance and emergency maintenance and upgrades; |
| 4. |
DNS issues outside the direct control of Flexihostings; |
| 5. |
issues with FTP, POP, IMAP, or SMTP customer access; |
| 6. |
false SLA breaches reported as a result of outages or errors of any Flexihostings's
measurement system; |
| 7. |
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; |
| 8. |
e-mail or webmail delivery and transmission; |
| 9. |
DNS (Domain Name Server) Propagation. |
| 10. |
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. |
