Knowledgebase

This Service Level Agreement is made, entered into and executed

BETWEEN

ATWEBHOST.COM (hereinafter referred to as "Parent") and YOU (hereinafter referred to as "Customer"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Customer" shall refer to such entity.

(The Parent and the Customer may be referred to individually as a "Party" and collectively as the "Parties").

WHEREAS the Parent provides various Products and Services;

AND WHEREAS the Customer wishes to purchase Parent's Products and Services.

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows: 

Service Level Agreement

This Service Level Agreement ("SLA") applies to all dedicated server 'customers'. The Client agrees that measurements done via our third-party monitoring services establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify 'parent' and 'parent' and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits.

This SLA may be amended at any time by 'parent'

Parent Network is defined as the equipment, software, and facilities within the 'parent' network segment, including ‘parent’s’ contracted ISP services to which the 'parent' network segment is connected and collectively utilized by 'parent' to provide dedicated and co-location services

Service Availability is the total time in a calendar month that the 'parent' is available through the Internet, provided that Client has established connectivity. 'Parent' takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The 'parent' Network will be available to 'customers' free of Network Outages for 99.9% of the time.

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 'parent' network segment as confirmed by 'parent'. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. 'parent' is not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of 'parent'.

Scheduled Service Downtime is any 'parent' interruption of Hosting Services. Scheduled Service Downtime occurs during a 'parent' server maintenance window, which occurs in conjunction with a 24-hour notice to the Client via electronic communication.

Performance Credit occurs when the stipulated uptime is not met. 'Parent' will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

Monitoring Service is the service 'parent' provides in order to analyse availability of HTTP based services and applications through its third-party monitoring system.

Service Downtime Performance Credit

In the event of Service Downtime in which monthly Service Availability is less than 99%, Client will receive a Performance Credit as described above.

Service Exclusions

This SLA does not cover Service Downtime caused by problems in the following:

1. Client's local area network;
2. Client-provided Internet connectivity or end-user software;
3. 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;
4. Service Downtime Exclusions.

The following are excluded from the monthly calculation of Service Availability

1. Any utilized Scheduled Service Downtime;
2. Any problems beyond the immediate 'parent' network segment;
3. Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following
   1. Inaccurate configuration;
   2. Non-compliant use of any software installed on the server;
   3. Client initiated server over-utilization;
   4. Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.