“Monthly Uptime Percentage” means total number of minutes in a calendar month when your service was operating.
“Downtime” means the total number of minutes in a calendar month when all the running instances of your service have no external connectivity or cannot be operated.
“Exclusions" means any unavailability, suspension, or termination of the Service that is due to any of the following:
events that are outside of our reasonable control, including any events of force majeure such as earthquakes, downtime of the relevant submarine communication cables, failure of telecommunications infrastructure or systems, riots, Acts of God, etc.;
events that result from any actions or inactions on your part in connection with your use of the Service;
events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology;
events that result from your failure to adhere to any required configurations for the use of the Service;
events that result from your non-payment of any charges payable to us;
events that result from critical accidents or failure of the relevant internet service provider(s); and
“Scheduled Downtime” means the periods of Downtime relating to network, hardware, or service maintenance or upgrades. We will use reasonable commercial endeavors to provide written notice to you prior to the commencement of Scheduled Downtime.
We shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than 99.95% each calendar month in connection with your use of the Service (the “Service Guarantee”). If we fail to meet the Service Guarantee, subject to the terms and conditions of this SLA, you shall be entitled to claim a Service Credit .The Service Guarantee does not apply to the Exclusions.
If you believe that the Service Guarantee in connection with your use of the Service is not met in any calendar month, then you may file a claim for Service Credit.
To properly claim SLA credit that is due the owner of the account must open a billing ticket located in our support area within seven days of the purported outage. You must include the service type, primary domain, contact information, and a full description of the service interruption including logs if applicable.
The SLA claim will be researched by the billing department and credit will be issued accordingly. SLA credits are issued as service credits on the next billing cycle. Scheduled maintenance windows are not eligible for SLA credit requests.
Your claim for Service Credit must be received by us within seven (7) days of occurrence of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such a rebate. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit to you as early as possible.
Performance Credit occurs when 99.9% uptime is not met. Dollar2host.com will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA on our Website. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.
This SLA shall constitute part of your agreement for your purchase and use of the Service.