Service Level Agreement

1.  Introduction

 

1.1    This agreement sets out the Host’s availability commitments relating to the Hosting Services.

1.2    In this agreement, “uptime” means the total number of minutes during a given period when the Hosting Services are available at the gateway between public internet and the network of the hosting services provider for the Hosting Services DIVIDED BY the total number of minutes in a calendar month less allowable downtime as outlined in clause 4.

 

2.  Availability

 

2.1    The Host shall use all reasonable endeavors to ensure that the uptime for the Hosting Services is at least 99.9% during each calendar month.

2.2    The Host shall be responsible for measuring uptime, and shall do so using StatusCake’s uptime tracking tool (https://www.statuscake.com/).

2.3    The Host shall report uptime measurements for the past 30 days to the Customer within their Hosting Account, and shall send emails to the Customer to report any downtime of their websites as and when this occurs.

 

3.  Service credits

 

3.1    In respect of each calendar month during which the Hosting Services uptime is less than the commitment specified in Paragraph 2.1, the Customer shall earn service credits in accordance with the provisions of this Paragraph 3, if they request via Support ticket that such credits be applied to their account no longer than 30 days after the calendar month in question has ended.

3.2    The service credits earned by the Customer are equal to the total downtime hours (rounded to the nearest hour) multiplied by the hourly rate of the Customer’s current Hosting Plan, which is calculated by dividing their recurring billing amount by the total hours within the Hosting Plan Term. The total service credits earned cannot therefore be greater than the billing amount for the current Hosting Plan Term.

3.3    The Host shall refund an amount equal to the service credits due to the Customer under this Paragraph 3 from amounts paid in respect of the Charges for the Hosting Services for the current Hosting Plan Term.

3.4    Service credits shall be the sole remedy of the Customer in relation to any failure by the Host to meet the uptime guarantee in Paragraph 2.1, except where the failure amounts to a material breach of the Contract.

3.5    Upon the termination of the Contract, the Customer’s entitlement to service credits shall immediately cease, save that service credits earned by the Customer shall be offset against any amounts invoiced by the Host in respect of Hosting Services following such termination.

 

4.  Exceptions

 

4.1    Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether the Host has met the uptime guarantee given in Paragraph 2.1:

(a)    a Force Majeure Event;

(b)    a fault or failure of the internet or any public telecommunications network;

(c)    a fault or failure of the Host’s hosting infrastructure services provider, unless such fault or failure constitutes an actionable breach of the contract between the Host and that company;

(d)    a fault or failure of the Customer’s computer systems or networks;

(e)    any breach by the Customer of the Contract; or

(f)     scheduled maintenance between the hours of 20:00 and 03:00 GMT/BST for which the Host gave the Customer at least 72 hours notice via email.