This Web Site Availability Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any services that have a SLA of 99.5% listed on the website http://my.wp360.com.au The SLA will only apply to these services (the “Services”) and if your account is current (i.e., not past due) with WP 360 Hosting: As used herein, the term “Web Site 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 Web site is available for access by third parties via HTTP and HTTPS per server, as measured by WP 360 Hosting.
SERVICE LEVEL GOAL
WP 360 Hosting’s goal is to achieve 99.5% Web Site Availability for all hosting accounts with the SLA option added.
Subject to Exceptions and Credit Request And Payment Procedures below, if the Web Site Availability of a customer’s Web site is less than 99.5%, WP 360 Hosting will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
WEB SITE AVAILABILITY CREDIT PERCENTAGE
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
a. Circumstances beyond WP 360 Hosting’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, ecommerce 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 WP 360 Hosting servers, unless such failure is caused solely by WP 360 Hosting; Scheduled maintenance and emergency maintenance and upgrades on the servers or the infrastructure around the servers; DNS issues outside the direct control of WP 360 Hosting; Issues with FTP, POP, IMAP, or SMTP customer access; False SLA breaches reported as a result of outages or errors of any WP 360 Hosting 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, PHP, etc), any negligence, willful misconduct, or use of the Services in breach of WP 360 Hosting’s Terms and Conditions and Acceptable Use Policy; Email or webmail delivery and transmission; DNS (Domain Name Server) Propagation;
b. Outages elsewhere on the Internet that hinder access to your account. WP 360 Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. WP 360 Hosting will guarantee only those areas considered under the control of WP 360 Hosting: WP 360 Hosting server links to the Internet, WP 360 Hosting’s routers, and WP 360 Hosting’s servers.
CREDIT REQUEST AND PAYMENT PROCEDURES
To receive a credit for a hosting account, 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 number (per your WP 360 Hosting invoice) and the dates and times of the unavailability of customer’s Web site and must be received by WP 360 Hosting within ten (10) business days after the customer’s Web Site was not available. If the unavailability is confirmed by WP 360 Hosting, credits will be applied within two billing cycles after WP 360 Hosting’s 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 WP 360 Hosting are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer’s Web site.
Note: Credits are not refundable and can be used only towards future billing charges