|Service Level Agreement
CheshireWeb.Com is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the CheshireWeb.Com network. The CheshireWeb.Com Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of CheshireWeb.Com's web hosting, reseller and dedicated server services.
1. Coverage; Definitions
This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services from CheshireWeb.Com (the "Services") and your account is current (i.e., not past due) with CheshireWeb.Com: Shared Web Hosting Plans, Resellers Hosting or Dedicated Servers. 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 CheshireWeb.Com.
2. Service Level
CheshireWeb.Com's goal is to achieve 100% Web Site Availability for all customers.
Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, CheshireWeb.Com 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:
|Web Site Availability
|99.9 to 100%
|98% to 99.8%
|95% to 97.9%
|90% to 94.9%
|89.9% or below
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the CheshireWeb.Com network caused by or associated with:
4. Credit Request and Payment Procedures
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, 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...Verizon™ cutting a fiber line somewhere);
- Scheduled maintenance and emergency maintenance and hardware/software upgrades;
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). CheshireWeb.Com utilizes only name brand hardware of the highest quality and performance;
- Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime);
- DNS issues outside the direct control of CheshireWeb.Com;
- Issues with FTP, POP, IMAP, or SMTP customer access;
- E-mail or webmail delivery and transmission;
- Network floods, hacks, attacks from outside parties or individuals;
- 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 CheshireWeb.Com's Terms Of Service;
- Failure or error of any CheshireWeb.Com's monitoring or measurement system;
- Outages elsewhere on the Internet that hinder access to your account. CheshireWeb.Com is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CheshireWeb.Com will guarantee only those areas considered under the control of CheshireWeb.Com: CheshireWeb.Com server links to the Internet, CheshireWeb.Com's routers, and CheshireWeb.Com's servers.
In order to receive a credit, customer must make a request therefor by sending an email message to billing@CheshireWeb.Com. Each request in connection with this SLA must include customer's account number (per CheshireWeb.Com's invoice) and the dates and times of the unavailability of customer's Web site and must be received by CheshireWeb.Com within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by CheshireWeb.Com, credits will be applied within two billing cycles after CheshireWeb.Com's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges.
4.2. CheshireWeb.Com will take all measures it deems appropriate to investigate reported outages. Determination of credits due pursuant to this SLA will be made solely by CheshireWeb.Com. 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 CheshireWeb.Com 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.
CheshireWeb.Com reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Customer. Except as set forth in this SLA, CheshireWeb.Com makes no claims regarding the availability or performance of the CheshireWeb.Com network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.