This Hosting Service Level Agreement (“Agreement”) is a contract between the person or entity using the Company’s Services (“Customer”) and Quintagroup Ltd. (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.
1. Service Commitment
The Company is committed to providing top quality services to its Customers. Network uptime and server availability are of the highest importance. The following service levels are designed to assure Customers of ultimate performance and maximum uptime.
2. Servers Availability
The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.
2.1 Application (Web) Server
(a) Availability. The Company guarantees a 99% monthly average of scheduled availability of its Application (Web) Servers. Application (Web) Server availability is defined as Customer’s ability, via web browser, to retrieve the HTTP headers from a hosting server. The Company does not monitor availability of individual web sites but only monitors the server availability as a whole.
(b) Monitoring. To verify that the server is available, the Company will ping the HTTP service on the server by retrieving HTTP headers every 5 minutes with a 30-second threshold. If an HTTP service does not respond, the server is considered non-operational it is immediately escalated to the Support Center.
In cases where two or more consecutive HTTP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.
2.2 Network Availability
Network availability is defined as the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.
2.3 Maintenance
Maintenance means Scheduled Maintenance or Emergency Maintenance. Scheduled Maintenance means any maintenance in the Company of which Customer is notified at least two business days in advance. This service unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Emergency Maintenance means any maintenance of which Customer is notified that in the Company's sole discretion, is necessary to avoid an immediate threat..
2.4 Penalty For Non-Compliance
(a) Application Server Availability. Upon Customer’s notice to the Company, if availability of any server for the month is below the guaranteed level, the Company will refund an amount equal to five percent (5%) of the Net MRC for the affected account for each hour of downtime or fraction thereof to Customer’s account. Net MRC means the monthly recurring charge for hosting service for the Customer's account experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. In order to get a refund, Customer must open a trouble ticket. All downtimes will be measured from the time the ticket is received and validated by the Company to the time the Company, in its sole discretion is able to resolve the issue. Customer must provide all dates and times of service unavailability along with Customer’s account username.
(b) Maximum Total Penalty. The total refund to Customer for any Service shall not exceed the monthly fee charged to that Service during the month for which the refund is to be issued.
(c) The refund may not be issued if Customer account is past due, suspended, or pending suspension.
Upon cancellation of the Customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.
3. Server Storage Capacity
Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased for an additional charge for each plan or service, as described on the Company’s website. The servers may stop accepting, processing, or delivering data when the purchased limit is reached, thus causing service unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.
4. Exceptions
The Company shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:
(a) Faults caused by the clients equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third party components whether within or outside the Company Network or the acts or omissions of local exchange carriers or failure of third party services, including failure of any Network or Internet Infrastructure not owned or managed by the Company .
(b) Disconnection and / or reconnection of the services due to non-payment of any charges payable to the Company.
(c) Scheduled or Emergency maintenance and upgrades.
(d) Faults arising from reasons beyond the Company’s reasonable control and force major events including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts or omission of any person for whom the Company is not responsible or any causes whether similar or otherwise outside the Company's control.
(e) DNS Propagation
(f) Denial of Service attack, hacker activity, or other malicious event or code targeted against the Company or the Customer.