Website Up-Time Service Level Agreement - For All Web Hosting Account Services


Coverage

This Website Up-Time Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of Web Specialists, Inc.'s Web hosting plans. The term "Web Site Up-Time" means the percentage of a particular month (based on 24-hour days for the number of days in a given month) that the content of customer's Website, ftp and email services are available for access by third parties via HTTP, HTTPS, FTP, POP and SMTP as measured by Web Specialists, Inc. .

Service Level

Goal:
Web Specialists, Inc.'s goal is to achieve 100% Website Hosting Up-Time for all customers, and will make every effort possible toward our goal of 100%.

Remedy:
Subject to Sections 3 and 4 below, if the Website Up-Time of customer's Website hosting is less than 100%, Web Specialists, Inc. 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:

WEBSITE Up-Time CREDIT SCHEDULE

99.9 to 100% Up-Time = 0% Credit
98% to 99.8% Up-Time = 10% Credit
95% to 97.9% Up-Time = 25% Credit
90% to 94.9% Up-Time = 50% Credit
89.9% or below Up-Time = 100% Credit

Exceptions

Customer will not receive any credits under this SLA in connection with any failure or deficiency of Website Hosting Up-Time caused by or associated with:

  • Any Circumstance outside Web Specialists, Inc.'s reasonable control, including, without limitation, any governmental body, war, insurrection, armed conflict, embargo, fire, flood, unavailability of or third party services, virus attacks or hackers, failure of any third party software.
  • Failure of access circuits to Web Specialists, Inc., unless such failure is caused solely by Web Specialists, Inc. .
  • Scheduled maintenance and emergency maintenance and upgrades.
  • DNS issues outside the direct control of Web Specialists, Inc. .
  • 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 Web Specialists, Inc.'s Terms Of Service.
  • e-mail or webmail delivery and transmission issues not related directly to Web Specialists, Inc.
  • DNS (Domain Name Server) Propagation.
  • Outages elsewhere on the Internet that hinder access to your account.
  • Web Specialists, Inc. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can access it.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefor by sending an email message to sla@web-specialists.com. Each request in connection with this SLA must include customer's domain name, date and time of the outage, and must be received by Web Specialists, Inc. within ten (10) business days after customer's outage. If the outage is confirmed by Web Specialists, Inc., credits will be applied on the next billing cycle after Web Specialists, Inc.'s receipt of customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total web hosting fee paid by customer for such month for the affected Services.