Service Level Agreement : Nanaimo Web Hosting
Nanaimo Web Hosting is pleased to offer reliability and excellent service. We are commited to our customers so we have developed a Service Level Agreement (SLA) which ensures customer care and remedies regarding the performance of the Nanaimo Web Hosting web hosting network.
The Nanaimo Web Hosting Service Level Agreement (SLA) guarantees our web hosting reliability and performance. This Service Level Agreement (SLA) applies to customers of Nanaimo Web Hosting web hosting services only.
Section 1: Coverage & Definitions
This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered hosting services from Nanaimo Web Hosting (the "Services") and your account is current (i.e., not past due) with Nanaimo Web Hosting: Shared Web Hosting Plans (Personal, Economy, Standard, Advanced) and any Custom Ordered Web Hosting Plans, Domain Hosting, Site Hosting, Database Hosting, PHP Hosting, and eCommerce Hosting.
As used herein, the term "Web Site 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 customer's web site is available for access by third parties via HTTP and HTTPS, as measured by Nanaimo Web Hosting.
Section 2: Uptime Guarantee
Nanaimo Web Hosting strives to maintain a 99.999% network and server uptime service level. This uptime percentage is a monthly figure only. If Nanaimo Web Hosting fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Nanaimo Web Hosting does not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Nanaimo Web Hosting may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Remedy
Subject to Sections 3 (Exceptions) and 4 (Credit Request & Payment Procedures) below, if the Web Site Availability of customer's Web site is less than 100%, Nanaimo Web Hosting 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:
99.5% to 100% |
0% |
98% to 99.4% |
10% |
95% to 97.9% |
25% |
90% to 94.9% |
50% |
89.9% or below |
100% |
Section 3: Exceptions
Customer shall not receive any credits under this Service Level Agreement (SLA) in connection with any failure or deficiency of the Nanaimo Web Hosting web hosting network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, snow, ice storm, tsunami, lightening, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement;
- Telco Failure (ie...Shaw Cable, Telus, Verizon™ cutting a fiber line somewhere);
- Backbone peering point issues (ie..Rogers Cable or UUnet™ having a router go down in Toronto or Virginia that wipes out internet service for the entire East Coast);
- Scheduled maintenance for hardware/software upgrades;
- DNS issues not within the direct control of Nanaimo Web Hosting;
- Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Nanaimo Web Hosting service(s) in breach of Nanaimo Web Hosting Policy and Service Guidelines (AUP), by Client or others authorized by Client.
- Customer erasing or damaging files on the web hosting server;
- Email and webmail issues;
- Issues with FTP, POP, IMAP, or SMTP customer access;
- False SLA breaches reported as a result of outages or errors of any Nanaimo Web Hosting or cPanel measurement system.
Section 4: Credit Request & Payment Procedures
To receive a credit for a Shared web hosting account, the customer must make a request; Therefore by sending an e-mail message to
info@nanaimowebhosting.com. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's account number (per Nanaimo Web Hosting’s invoice) and the dates and times of the unavailability of customer's Web site and must be received by Nanaimo Web Hosting within seven (7) business days after the customer's Web Site was not available.
If the unavailability is confirmed by Nanaimo Web Hosting, credits will be applied within two (2) to three (3) billing cycles after Nanaimo Web Hosting's receipt 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 hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Nanaimo Web Hosting and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.
Note: Credits are not refundable and can be used only towards future billing charges. Credits will be applied within two (2) to three (3) future billing cycles. |
