Softsys Hosting offers a 99.9% Network Availability guarantee. This SLA applies to all customers who have purchased services from SoftSys Hosting and have a valid Softsys Hosting sales agreement. If Network Availability does not meet our 99.9% uptime guarantee, customers may request a 5% credit to their account for every 60 minutes the Network is down, not to exceed 40% of their base monthly fee (excludes licensing + any other add-on fees).
1. Definitions
For purposes of this Network SLA, the following terms have the meanings set forth below: "Softsys Hosting Network" means the Softsys Hosting provided telecommunications network, which is
comprised of:
- All network equipment owned and controlled by Softsys Hosting Data Center;
- All cabling within the Softsys Hosting Data Center.
The "Softsys Hosting Network" does
NOT include:
- Equipment located on the customer premise;
- Circuits between the Softsys Hosting Data Center and the customer location;
- Any networks or network equipment not owned or controlled by Softsys Hosting Data Center;
"Base Monthly Fee" means the base monthly fee paid by the customer for the standard product(s) being provided to it by Softsys Hosting. The Base Monthly Fee does not include any other fees which might be charged to the customer, including, without limitation, set-up fees, charges relating to incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, hard drives beyond that which is available without additional charge under Softsys Hosting standard rates or services to which a customer subscribes.
"Network Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the network is available for access by third parties, as measured exclusively by Softsys Hosting.
2. Network SLA
Softsys Hosting offers a 99.9% Network Availability guarantee. This SLA applies to any customer who has purchased Internet service directly from Softsys Hosting. If Network Availability does not meet our 99.9% uptime guarantee, customers may request a 5% credit to their account for every 60 minutes the Network is down, not to exceed 50% of their base monthly fee (excludes licensing + any other add-on fees).
3. Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Data Center Network SLA caused by or associated with:
- Circumstances beyond Softsys Hosting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of this SLA;
- Outages elsewhere on the Internet that prevent access to an account. This SLA applies only to those areas under the direct control of Softsys Hosting, including links to the Internet and Softsys Hosting routers.
- Degradation of service due to high packet loss or similar conditions, which may be indicative of the Internet as a whole;
- Server hardware failure;
- Failure of access circuits to the Softsys Hosting Network, unless such failure is caused solely by Softsys Hosting;
- Scheduled maintenance and emergency maintenance and upgrades;
- DNS (Domain Name Server) issues outside the direct control of Softsys Hosting;
- Issues with FTP, POP, IMAP, or SMTP customer access;
- False outages reported as a result of any Softsys Hosting measurement system problems or errors.
- 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 Softsys Hosting Terms and Conditions and Acceptable Use Policy; by the user or other users.
4. Credit Request and Payment Procedures
In order to receive credit, you must submit a request within 7 business days of the occurrence through the Help Desk. The date and approximate time of the network failure must be included in the Help Desk ticket. If Softsys Hosting confirms the unavailability, credits will be applied within two billing cycles after Softsys Hosting receipt of customer's credit request. Softsys Hosting will not process incomplete credit requests.
