Hosting Service Level Agreement
This Hosting Service Level Agreement (SLA) applies to you ("the Client") if you have ordered any of the following hosting account services (the "Services") and your account is up to date:
- Website hosting
- Email hosting
- SSIDM hosting
- Kayako hosting
- eCommerce hosting
The term "Service 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 client's service is available for access by third parties via HTTP, FTP, SMTP, POP2 and/or IMAP as monitored by ReZolve.
1. Service Level Aim
ReZolve aim to achieve 100% Service Availability for all clients.
Subject to Sections 3 and 4 below, if the Service Availability of the Client's Services is less than 99% in any month, ReZolve will issue a credit to the Client in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services: -
Service Availability Credit Percentage 99% to 100% 0% 95% to 98.9% 25% 90% to 94.9% 50% 89.9% or below 100%
The Client shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
3.1 circumstances beyond ReZolve's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, e-commerce software, mail server software, content management software, helpdesk software, payment gateways, chat, statistics or free scripts) or inability to obtain supplies, or power used in or equipment needed for provision of this SLA;
3.2 attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against ReZolve's network.
3.3 failure of access circuits to the ReZolve network, unless such failure is caused solely by ReZolve;
3.4 scheduled maintenance and system upgrades, or emergency maintenance;
3.5 DNS issues outside the direct control of ReZolve;
3.6 false SLA breaches reported as a result of outages or errors of any ReZolve monitoring system;
3.7 Client's acts or omissions (or acts or omissions of others engaged or authorised by the Client), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, wilful misconduct, or use of the Services in breach of ReZolve's Terms and Conditions;
3.8 DNS (Domain Name Server) Propagation.
3.9 outages elsewhere on the Internet that hinder access to your account. ReZolve is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. ReZolve will guarantee only those areas considered under the control of ReZolve: ReZolve's servers and ReZolve's routers.
4. Credit Request Procedures
In order to receive a credit, the Client must make a request for credit by email or post to ReZolve. Each request in connection with this SLA must include customer's account number (as per ReZolve invoice) and the dates and times of the unavailability of customer's Service and must be received by ReZolve within ten (10) business days after customer's Service was not available. If the unavailability is confirmed by ReZolve, credits will be applied within two months after ReZolve's receipt of the Client's credit request.
The total amount credited to the Client in a particular month under this SLA shall not exceed the total hosting fee paid by the Client for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by ReZolve and are the Client's sole and exclusive remedy with respect to any failure or deficiency in Service Availability.