Last Updated: April 4, 2016
1. COVERAGE AND DEFINITIONS
This Web Services Availability Service Level Agreement (SLA) applies to you (“customer”) if you have ordered virtual servers/services from All Digital Solutions, Inc. (the “Services”) and your account is current (i.e., not past due) with us. As used herein, the term “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 hosted system is available for access by third parties via HTTP and HTTPS, as measured by All Digital Solutions, Inc.
2. SERVICE LEVEL
Goal: All Digital Solutions, Inc.’s goal is to achieve 99.9% Availability for all customers.
Remedy: Subject to Sections 3 and 4 below, if the Availability of customer’s Services is less than 99.9%, All Digital Solutions, Inc. will, upon request, credit the customer 3% of the monthly fee for each hour of downtime (up to 100% of customer’s monthly fee for the affected server).
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
- circumstances beyond All Digital Solutions, Inc.’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 provision of this SLA;
- failure of access circuits to the All Digital Solutions, Inc. Network, unless such failure is caused solely by All Digital Solutions, Inc.;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of All Digital Solutions, Inc.;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any All Digital Solutions, Inc. measurement system; 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, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of All Digital Solutions, Inc.’s Terms and Conditions and Acceptable Use Policy;
- email or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation;
- outages elsewhere on the Internet that hinder access to your account.
All Digital Solutions, Inc. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. All Digital Solutions, Inc. will guarantee only those areas considered under the control of All Digital Solutions, Inc.: our server links to the Internet, our routers and switching equipment, and our servers.
4. CREDIT REQUEST AND PAYMENT PROCEDURES
To receive a credit, the customer must make a request by sending an e-mail message to email@example.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 name (per All Digital Solutions, Inc.’s invoice) and the dates and times of the unavailability of customer’s Website and must be received by All Digital Solutions, Inc. within ten (10) business days after the customer’s Website was not available. If the unavailability is confirmed by All Digital Solutions, Inc., credits will be applied within one billing cycle after our 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 us and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the availability of the Services.
Note: Credits are not refundable and can be used only towards future billing charges.