This Service Level Agreement for Expeed Technology Services (this “SLA”) is made by Expeed Technology in connection with, and is a part of, your Expeed hosting agreement (the “Agreement”). This SLA applies to the following Services:
- Shared web hosting
- Virtual Private Servers (VPS)
- Shared databases
- E-mail hosting
- Domain Name Service (DNS) provision
We provide financial backing to our commitment to achieve and maintain the Service Levels for each Service. If we do not achieve and maintain the Service Levels for each Service as described in this SLA, then you may be eligible for a credit towards a portion of your monthly service fees. We will not modify the terms of your SLA during the initial term of your subscription; however, if you renew your subscription, then the version of this SLA that is current at the time of renewal will apply for your renewal term.
“Applicable Monthly Service Fees” means the total fees actually paid by you for a Service during the month in which a Service Credit is owed.
“Downtime” means the total minutes in a month during which the aspects of a Service specified in the following table are unavailable, excluding (i) Scheduled Downtime; (ii) Critical Downtime and (iii) unavailability of a Service due to limitations described in Section 5(a) below.
“Incident” means (i) any single event, or (ii) any set of events, that result in Downtime.
“Expeed” means the Expeed entity that signed the Agreement.
“Scheduled Downtime” means those times when we publish or notify you of periods of Downtime related to network, hardware, or Service maintenance or upgrades at least five (5) days prior to the commencement of such Downtime.
“Critical downtime” means those times where we notify you of periods of Downtime related to network, hardware or Services when any of those services are removed in response to nefarious activity which may adversely affect the stability of the entire network and/or put other users and/or the network and/or Expeed at risk.
“Service” or “Services” refers to the online service(s) indicated at the beginning of this SLA and purchased by you pursuant to the Agreement.
“Service Credit” is the percentage of the Applicable Monthly Service Fees credited to you following Expeed’s claim approval.
“Service Level” means the performance metric(s) that Expeed agrees to meet in the delivery of the Services, e.g., monthly availability, as set forth in this SLA.
“Month Minutes” means the total number of minutes in a month
Qualifications of downtime per service
Shared web hosting
Any period of time where end users are unable to access files residing on a shared web hosting server for read or write for which they have permission due to that/those server(s) being inaccessible via the Internet.
Virtual Servers (VPS)
Any period of time where end users are unable to connect to the server due to its inaccessibility via the Internet
Any period of time where access to stated SQL Server(s) or MySQL Server(s) is/are unavailable due to their inaccessibility via the Internet
Any period of time where end users are unable to connect to publically-stated servers for the purpose of sending or receiving e-mail messages due to the inaccessibility on that/those server(s) via the Internet
Domain Name Service (DNS)
Any period of time where DNS records are unavailable without a suitable alternative server being provisioned.
Service Level Commitment
The minimum “Monthly Uptime Percentage” for a Service is calculated by the following formula: ((Month minutes – Downtime) / Month minutes) x 100
If the Monthly Uptime Percentage falls below 99.9% for any given month, you may be eligible for the following Service Credit:
< 99.9% – 5%
< 99.5% – 10%
< 99% – 25%
< 95% – 50%
< 90% – 100%
Service Credit Claim
If we fail to meet the minimum Monthly Uptime Percentage described above for a Service, you may submit a claim for a Service Credit.
You must submit a claim to customer support at Expeed Technology that includes: (i) a detailed description of the Incident; (ii) information regarding the duration of the Downtime; and (iii) descriptions of your attempts to resolve the Incident at the time of occurrence. We must receive the claim and all required information by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on 15th February, we must receive the claim and all required information by 31st March.
We will evaluate all information reasonably available to us and make a good faith judgment on whether a Service Credit is owed. We will use commercially reasonable efforts to process claims within forty five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Monthly Service Fees.
If you purchased a Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. We will determine the amount of the Service Credit issued to the reseller based on the estimated retail price for the applicable Service.
a) This SLA and any applicable Service Levels do not apply to any performance or availability issues:
- Due to factors outside our control;
- That result from your or third party hardware or software;
- Caused by your use of a Service after we advised you to modify your use of a Service, if you did not modify your use as advised;
- During pre-release, beta and trial Services (as determined by us);
- That result from your unauthorized action or inaction or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment; or
- That result from your failure to adhere to any required configurations, use supported platforms, and follow any policies for acceptable use;
- That result from a user’s inability to configure, or misunderstanding of the use for or of a product or service
b) Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.
c) This SLA will not apply to any on-premise licensed software that is part of any Service.
Purchase of Multiple Services
If you purchased more than one Service listed in Section 1 above (not as a suite), then you may submit claims pursuant to the process described above in Section 4 as if each Service was covered by an individual SLA. For example, if you purchased a Bronze VPS hosting service and a Gold Shared hosting service (not as part of a suite) , and during the term of the subscription an Incident caused Downtime for both Services, then you could be eligible for two separate Service Credits (one for each Service), by submitting two claims under this SLA.
Purchase of Multiple Services as a Suite
For Services purchased as part of a suite, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.