Service Level Agreement

1.1 General

We reserve the right to change or modify this SLA and will post changes or modifications thereto, on our website. Except as set forth in this SLA, we make no claims regarding the availability or performance of our network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed, and/or agreed to by the client. In the case of different terms/points in SLA and Service Agreement, the Service Agreement terms/points shall prevail over this general SLA policy. The Service Agreement signed/agreed to by the client, takes precedence over this SLA, and Service Agreement terms are in effect, and control over this SLA, including, but not limited to, it’s limitations of liability.

1.2 Uptime Guarantee

We strive to maintain a 99.99% network and server uptime service level. This uptime percentage is a monthly figure and is calculated solely by our monitoring systems or authorized/contracted outside monitoring services (e.g. If we fail to meet our 99.99% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. We do not credit a full month’s service for minor downtime. This would not be financially viable for us, and in turn, would only negatively affect the service level we provide to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, we may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

1.3 Exceptions

Our customers shall not receive any credits under this agreement in connection with any failure or deficiency of our network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc…), strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.

  • Telco Failure (i.e. cutting a fibre line somewhere)
  • Backbone peering point issues (PAIX)
  • Scheduled maintenance for hardware/software upgrades
  • DNS issues not within our direct control
  • Client’s acts or omissions, including without limitation, any negligence, wilful misconduct, or use of our services in breach of our Policy and Service Guidelines (Acceptable Usage Policy), by Client or others authorized by Client.
  • DDOs attacks or any IRC related attacks

1.4 Connectivity

Our goal is to make our network available to clients free of outages for 99.99% of the time. An “outage” is defined as an instance in which a client is unable to transmit and receive IP packets due to a service failure for more than 15 consecutive minutes, excluding service failures relating to our scheduled maintenance and upgrades. The clustered network does not include client premises equipment or any Telco access facilities connecting client’s premises to such infrastructure. Our goal is to keep Average Round-Trip Latency on our network to 85 milliseconds or less. We define “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between our network and major US backbone peering points during such month, as measured by us. Our goal is to keep Average Packet Loss on our network to 1% or less. We define “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on our network during such month that are not successfully delivered, as measured by us.

1.5 Measurement

We will periodically (every 1 minute) monitor our network and server availability using software and hardware components capable of measuring application traffic and responses. Clients acknowledge that such measurements may not measure the exact path traversed by a client’s internet connection and that such measurements constitute measurements across our network but not other networks to which a client may connect. We reserve the right to periodically change the measurement points and methodologies it uses without notice to clients. Full network and server reporting will be posted to a location designated by us and made available to clients.

1.6 Hardware Failure

Our web site stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. We utilize only name brand hardware of the highest quality and performance. We will replace all faulty hardware affecting performance levels of equipment as soon as possible, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will also be corrected as soon as possible. Router failure is an exception to this SLA guarantee and may require on-site engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current contracts with external companies and backbone providers in regard to the emergency repair service in case of such an issue. We will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

1.7 Credits

In the event that there is no Web Site Availability, we will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

1-day credit for each 15-minute outage.

In order for you to receive a credit on your account, you must request such credit within five (5) business days after you experienced no Web Site Availability. You must request credit by opening a ticket for the attention of our Billing department. For security, the body of this message must contain your account number/domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by us. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.

2.0 Modification

We reserve the right to add, delete, or modify any provision of its Terms of Service Agreement, and Acceptable Usage Policy at any time without notice.