e-Business Express Service Level Agreement
Worldclass Service Levels
We strive to provide worldclass service levels. To that end we have instituted the following Service Level Agreement (SLA).
Service Level
e-Business Express will endevour to provide worldclass web site uptime. "Web Site Uptime" is the percentage of time per month (based on a 30 day month, 43200 minutes) that the content of your Web site is available for access by third parties via HTTP and HTTPS, as measured by e-Business Express systems. If your Web Site Uptime is less than 100%, e-Business Express will issue a credit to your account in accordance with the following schedule. (Credits will be calculated on the basis of the monthly service charge paid for the affected Services):
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Exceptions
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:
- Circumstances beyond e-Business Express's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement
- Failure of access circuits to the e-Business Express Network, unless the failure is caused solely by e-Business Express
- Emergency maintenance, scheduled maintenance, and system upgrades
- Domain name system (DNS) and domain name registration problems outside of the control of e-Business Express
- Issues with FTP, POP, IMAP, or SMTP customer access
- Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct, or use of the Services in breach of e-Business Express's Acceptable Use Policy
- Problems elsewhere on the internet that prohibit you from viewing your account. e-Business Express is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas e-Business Express controls such as our servers, routers, and switches.
Credit Request and Payment Procedures
In order to receive a credit send an email message to us. Each request in connection with this SLA must include customer's account number (domain name) and the dates and times of the unavailability of customer's Web site. The request must be received by e-Business Express within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by e-Business Express, credits will be applied to the current billing cycles after e-Business Express's receipt of customer's credit request.
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 e-Business Express and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site. The SLA applies to all clients that host with e-Business Express and are current (i.e., not past due) for all accounts and services provided by e-Business Express.