The following terms and conditions of this Service Level Agreement (“SLA”), as amended from time-to-time, apply only to the Email Services purchased by a Customer (the “Customer”) and provides under certain circumstances as specified hereunder, that Customer will be entitled to receive a service credit (the “Hosting Services Credit”) with respect to the availability of the services (“Service Availability”) purchased by Customer. The Hosting Services covered by this SLA are: Hosted Email, Cloud Server Hosting, and Linux Web Hosting.
All Hosting Service credits are subject to the terms and conditions of: (i) the Service Agreement, (ii) Computer Connection of WI, Inc.’s Acceptable Use Policy, (iii) this SLA.
CCWIS provides an Up time Guarantee (the “Up time Guarantee”) for these Hosting Services, calculated on a monthly basis, provided Customer (i) is in good financial standing with CCWIS (i.e., is not delinquent in payments, and has not otherwise breached any of its obligations to CCWIS), and (ii) requests the Hosting Service Credit (as defined below) from CCWIS for its noncompliance with the Uptime Guarantee in writing within ten (10) days of the suspected noncompliance event.
SERVICE AVAILABILITY MONITORING
CCWIS monitors its servers and the Hosting Services as a whole but does not monitor individual mailbox, mobile device, webspace, VPS or Virtual Machine availability. To verify Hosted Email Service Availability, CCWIS uses a combination of methods including but not limited to POP3, IMAP4, inbound and outbound SMTP, HTTP access availability and internal mail flow monitoring between anti-spam & anti-virus and mail servers. For other services including Web Hosting and VPS Hosting, CCWIS verifies Service Availability using a combination of methods including host-level HTTP. These checks are run on predetermined intervals with specific failure thresholds with respect to the service being provided. If two or more consecutive tests fail, the lack of Service Availability will be noted as the number of minutes between the first and the last failed tests. Any unavailability less than five minutes in duration will not be recorded.
Downtime caused by any of the events noted below will be excluded from the Hosting Service availability calculations (“Excused Outages”):
- Customer environment issues affecting connectivity or interfering with the Hosting Services, including without limitation, Customer’s connection to the Internet (i.e., problems with the Customer’s Internet Service Provider, modem, cable, DSL or dial-up connection or other Customer Internet connectivity issues) or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
- third party attacks, including without limitation, hacks, intrusions, distributed denial-of-service attacks or any other third party actions intended to cause harm to or disrupt the Hosting Services, or ccwis.com’s or its partners’ servers;
- verified bugs of any third party software used in conjunction with the Hosting Services (including Plesk and MDaemon);
- force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labor disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of CCWIS;
- issues related to third party domain name system (DNS) or Domain Name registration errors or failures;
- issues related to unavailability of a specific website, webservice, web application, or remote connection for Customer’s end-users resulting from the Customer’s actions or third party actions when the service is otherwise deemed available by CCWIS including but not limited to changes in configuration, scripts or connections;
- scheduled maintenance of the Hosting Services, conducted on a regular basis, of which CCWIS will give Customer a minimum of 48 hours advanced notice by email or notification posted to the ccwis.com website; and
- emergency maintenance of the Hosting Services, not to exceed 4 hours in any month, for which Customer may not receive advanced notice.
In the event CCWIS fails to meet the Uptime Guarantee regarding one or more of its Hosting Services (the “Affected Service(s)”), as verified by CCWIS based on its monitoring logs (a “Service Outage”), Customer will be entitled to a credit for future Hosting Services of the same type as the Affected Services ( “Hosting Service Credits”).
HOSTING SERVICE CREDIT CALCULATION
For each full 1% of downtime, of verified Service Outage in any calendar month (based on a 30-day month calculation), excluding downtime caused by an Excused Outage (an “Outage Unit”), Customer will receive a Hosting Service Credit equal to 1% of the monthly subscription fees paid by the Customer for the users impacted by the Affected Service. Should a Service Outage span more than one month, the calculation of Hosting Service Credits starts over at the beginning of each month.
HOSTING SERVICE CREDITS PAYMENT
All Hosting Service Credits issued by CCWIS are non-refundable and can only be applied toward the Customer’s future invoices up to a maximum of six (6) months from the date the Hosting Service Credit is issued. All unused Hosting Service Credits will automatically expire if not used within six (6) months of issuance.
CUSTOMER SERVICE RESPONSE TIMES
CCWIS will provide Customer with live technical support ten (10) hours per day, Monday through Friday, excluding Holidays. All requests by Customer for technical support shall be submitted by Customer either in writing via email to firstname.lastname@example.org or by telephone. CCWIS will respond to all phone requests within 1 business hour, and all email request within 10 business hours.
TOTAL CREDIT LIMITS
Hosting Service Credits will apply only to a Customer’s users directly affected by a Service Outage. Hosting Service Credits may not exceed 100% of the total monthly subscription fees of the Affected Services, excluding applicable taxes. Hosting Service Credits will not be issued for any fraction of an Outage Unit and will not accrue or carry over from month to month. Notwithstanding anything set forth in this SLA, the Hosting Service Credit described herein shall be the sole and exclusive remedy of the Customer in connection with any outages, unavailability or breach by CCWIS of this SLA.
HOW TO CONTACT US
Customer is solely responsible for reporting problems they have with our Services. Customer Care can be reached 8 hours a day, 5 days a week at the following number: (608) 524-2610. If you are experiencing an outage outside of normal business hours, please write an email to email@example.com. If we determine that the issue is not on our end, we will issue you an emergency support bill for $250/hr. with a 1 hour minimum.