This Service Level Agreement ("SLA") applies to you ("the Customer") if you have ordered any virtual web hosting, VPS, dedicated server, or co-location services (the "Services") from IN-Depth/WeHostMacs (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 Level:
Goal: IN-Depth/WeHostMacs's goal is to achieve 100% Availability for all customers.
Subject to Sections 3 and 4 below, if the Availability of Customer's Services is less than 100%, IN-Depth/WeHostMacs will issue a credit to the Customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
99.999 to 100% 99.9 to 99.999% 98% to 99.8% 95% to 97.9% 90% to 94.9% 89.9% or below
0% 5% 10% 25% 50% 100%
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of availability caused by or associated with:
Circumstances beyond Company's reasonable control, including, without limitation, any natural disasters, earthquakes, fire, flood, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, 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, e-commerce 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;
Scheduled maintenance, emergency maintenance or upgrades; DNS issues outside the direct control of Company; Issues with FTP, POP, IMAP, or SMTP customer access; False SLA breaches reported as a result of outages or errors of any Company measurement system;
b. Customer's acts
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, etc), any negligence, willful misconduct, or use of the Services in breach of Company's Terms and Conditions 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. 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 the Company: Company server links to the Internet, Company routers, and Company servers;
The support message MUST include the server name of your account, your account number, the date & time(s) of breach of the SLA, and the support 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 IN-Depth/WeHostMacs within ten (10) business days after the breach occurred. 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.