Service Level Agreement (SLA)
This Hyperwebbers Service Level Agreement ("SLA") applies to all Shared and VPS clients.
This SLA may be amended at any time Hypperwebbers.
Network is defined as the equipment, software, and facilities within the Hyperwebbers network segment, including Hypperwebbers' contracted ISP services to which the Hyperwebbers network segment is connected and collectively utilized by Hyperwebbers to provide Shared Hosting and VPS services
Service Availability is the total time in a calendar month that the Hyperwebbers is available through the Internet, provided that Client has established connectivity. Hyperwebbers takes responsibility for the Service Availability within its immediate network segment. The Hyperwebbers Network will be available to clients free of Network Outages for 99.9% of the time per month.
Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate Hyperwebbers network segment as confirmed by Hypperwebbers. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month, calculated from the time Trouble Ticket is opened at the Client Area portal, and the report has been verified by Hyperwebbers Customer Service Agent. Hyperwebbers is not responsible for any unplanned outages due to third-party software failure, which are the direct responsibility of the software publisher.
Scheduled Service Downtime is any Hyperwebbers interruption of Hosting Services. Scheduled Service Downtime occurs during a Hyperwebbers server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication.
Service Downtime Refund
In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive 5% of the monthly fee for each 60 minutes of downtime (up to 100% of the customer's monthly fee) Service Exclusions.
This SLA does not cover Service Downtime caused by problems in the following:
- Client's local area network
- Client-provided Internet connectivity or end-user software
- Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment
Service Downtime Exclusions
The following are excluded from the monthly calculation of Service Availability:
- Any utilized Scheduled Service Downtime
- Any problems beyond the immediate Hyperwebbers network segment
- Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
- Inaccurate configuration
- Non-compliant use of any software installed on the server
- Client initiated service over-utilization, exceeding of allocated resource limits (Bandwidth, Disk space etc.)
- Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits