Network and Power Availability SLA

 

1. Coverage; Definitions

This Service Level Agreement (“SLA”) applies to you (“Customer”) if you have ordered any virtual web hosting, VPS, dedicated server, or co-location services (the “Services”) from Gigenet (the “Company”) and your account is current (i.e., not past due). As used herein, the term “Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Customer’s Services are available for access from the internet, as measured by the Company.

2. Service Goal

a. Goal:
The Company’s goal is to achieve 100% Availability for all customers.

b. Remedy:
Subject to Sections 3 and 4 below, if the Availability of Customer’s Services is less than 100%, Company will issue a credit to Customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Availability Credit Percentage
99.999% to 100% 0%
99.9% to 99.998% 5%
98% to 99.8% 10%
95% to 97.9% 25%
90% to 94.9% 50%
89.9% or below 100%

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

a. Circumstances beyond Company’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, denial of service attacks, hackers, viruses, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts), or inability to obtain raw materials or supplies used in or equipment needed for provision of this SLA;

b. Scheduled maintenance and emergency maintenance and upgrades;

c. DNS issues outside the direct control of Company;

d. Issues with FTP, POP, IMAP, or SMTP customer access;

e. False SLA breaches reported as a result of outages or errors of any Company measurement system;

f. 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 Company’s Terms and Conditions and Acceptable Use Policy;

g. E-mail or webmail delivery and transmission;

h. DNS(Domain Name Server) Propagation;

i. Outages elsewhere on the Internet that hinder access to your account. Company is not responsible for browser or DNS caching that may make Customer’s Services appear inaccessible when others can still access it. Company will guarantee only those
areas considered under the control of Company: Company server links to the Internet, Company’s routers, and Company’s servers;

j. Failures of server hardware (See Hardware Replacement SLA for hardware coverage).

4. Credit Request and Payment Procedures
 
To receive a credit for a breach of this SLA, the Customer must make a request in writing by submitting a support ticket at http://support.gigenet.com. The ticket MUST include the domain name of the Customer’s account, the Customer’s account number, the date & time(s) of breach of the SLA, and the ticket must be submitted by an authorized contact on the account. Requests for credit must be properly submitted according to these terms and received by Company within ten (10) business days after the breach occured. If the breach is confirmed by Company, credits will be applied within two billing cycles after Company’s validation of the Customer’s credit request. Credits are not
refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total fees paid by Customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Customer or collected by Company and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Availability of Customer’s Services.

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