Service Level Agreement
This Service Level Agreement (this “SLA”) describes ServerGuy’s commitment to providing excellent customer satisfaction to each and every one of its customers. ServerGuy understands the importance of your server or website availability on the Internet and ServerGuy will take every measure that it can in order to provide an excellent level of service and maximum performance and uptime comparable with the best in the industry. This SLA is provided to all ServerGuy customers at no additional costs. This SLA is incorporated by reference into any agreement you may have with ServerGuy. ServerGuy may modify or amend this SLA at any time by posting a revised version at www.ServerGuy.com. By using the Services, you agree to the most recent version of this SLA.
ServerGuy guarantees that its network will be available 99.9% of the time in a given calendar month, subject to the remaining provisions of this SLA. Network availability is defined by the availability of all ServerGuy network infrastructures essential to the operation of your server or service, including network hardware such as routers, firewalls, switches and cabling. The network is unavailable when there is 100% packet loss between ServerGuy’s network and the Internet, measured from the time ServerGuy acknowledges the network blackout to the time when the packet loss percentage is restored to something less than 99.9%. Should network availability drop under 99.9% under the terms of this SLA, ServerGuy will credit customer 5% of the Monthly Recurring Charges for that month for every hour of downtime (up to 50% of customer’s monthly fee).
ServerGuy guarantees that its infrastructure will be available 99.9% of the time in a given calendar month, subject to the remaining provisions of this SLA. Infrastructure availability is defined by the availability of all critical infrastructure systems required to operate your server or service, including power, HVAC, UPS, PDU and power cabling. Infrastructure unavailability is measured from the time ServerGuy acknowledges the infrastructure unavailability to the time when the server is once again powered on. Should infrastructure availability drop under 99.9% under the terms of this SLA, ServerGuy will credit customer 5% of the Monthly Recurring Charges for that month for every hour of downtime (up to 50% of customer’s monthly fee).
ServerGuy is responsible for initiating the backups and regularly checking reports sent by R1Soft CDP server for any issues or problems during backup generation. The service is designed to allow customers to explore, download and restore backups from recovery points themselves without intervention from ServerGuy administrators and with a minimum effort involved for both parties. ServerGuy strongly recommends customers to frequently (“frequently” being defined as; A frequency rate that allows the customer to feel assured systems are in proper working order) test the backup copies by restoring or downloading data from backup to ensure that data in the backup is consistent.
ServerGuy guarantees the maintenance of all of its hosting servers which includes virtual and dedicated servers. ServerGuy shall initialize the replacement of faulty hardware within 4 hours from the time ServerGuy acknowledges the problem, subject to the remaining provisions of this SLA. In the event of unavailability of identical hardware, ServerGuy shall replace the faulty hardware with temporary similar hardware in order to make the server or service operational again. Upon the arrival of replacement hardware, ServerGuy will notify the customer regarding the option of either replacing the hardware or keeping the server running with the temporary hardware. Hardware is defined as: CPU (processor), CPU (processor) fan, RAM (memory), Motherboard, Hard drive, video card, power supply, and other related hardware specified during server order. Should ServerGuy fail to replace faulty hardware within the 4 hour guarantee under the terms of this SLA, ServerGuy will credit customer 5% of the Monthly Recurring Charges for every hour of downtime (up to 50% of customer’s monthly fee).
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of service operations caused by or associated with:
- Conditions beyond ServerGuy’s reasonable control, including those resulting directly or indirectly from acts of any governmental body, war, terrorism, sabotage, insurrection, embargo, strike or other labor disturbances, Interruption in traffic or transportation, interruption or delay in telecommunication or third party services, natural disaster or catastrophes, fire, flood, facility power shortages, disturbance in the ability to obtain raw material or supplies, inability to obtain third party software and hardware and any other circumstances beyond our reasonable control.
- Failure of data or telecommunication circuits caused by a provider’s faulty network.
- Scheduled and emergency network maintenance or software / hardware upgrade.
- Network or Internet security breaches including virus/worm attack, denial of service & misuse of service by authorized/unauthorized users.
- DNS or email issues beyond direct control of ServerGuy.
- Customer’s act of omissions or act of omissions of others associated, authorized or unauthorized by customer, including without limitation, any negligence, willful misconduct, breach of ServerGuy’s terms of service and ServerGuy’s acceptable usage policy.
- Inaccessible server or account due to password change.
- Non-paying or delinquent customers.
In order to be eligible for credit request, customer’s account must be in good standing with no outstanding charges at the time when the failure to meet the requirements of this SLA occurs. Customers are responsible for documenting and submitting all evidence of the failure. In no event shall one claim overlap the others. Each credit request must be received within 5 days of the failure’s occurrence and must be approved by ServerGuy support team. Failure to submit a credit request in a timely manner will result in the forfeiture of the claim. Each valid credit will be applied to an invoice of customer within two billing cycles after ServerGuy’s approval of customer’s credit request. Credits are exclusive of any applicable taxes charged to customer or collected by ServerGuy. Notwithstanding anything in this SLA to the contrary, the total amount credited to a customer in will not exceed the fifty percent (50%) of the Monthly Recurring Charges paid by customer for such month. ServerGuy shall be the sole arbiter in determining the credit request approval.