1. Coverage and Definitions
This Service Level Agreement (SLA) applies to you ("customer") if you have ordered Shared Web Hosting plans, Email Hosting plans, and/or Cloud Hosting plans from Cebu Web Solutions (the "Services") and your account is current (i.e., not past due) with Cebu Web Solutions As used herein, the term "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 hosted system is available for access by third parties via HTTP and HTTPS, as measured by Cebu Web Solutions.
2. Service Level
Goal: Cebu Web Solutions goal is to achieve 100% Availability for all customers.
Remedy: Subject to Sections 3 and 4 below, if the Availability of customer’s Services is less than 100%, Cebu Web Solutions will credit the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer’s monthly fee for the affected account).
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
- circumstances beyond Cebu Web Solutions' 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 Cebu Web Solutions' Network, unless such failure is caused solely by Cebu Web Solutions;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Cebu Web Solutions;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any Cebu Web Solutions 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, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of Cebu Web Solutions’ Terms of Service and Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation;
- outages elsewhere on the Internet that hinder access to your account
Cebu Web Solutions is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Cebu Web Solutions will guarantee only those areas considered under the control of Cebu Web Solutions: Cebu Web Solutions server links to the Internet, and Cebu Web Solutions' servers.
4. Credit Request and Payment Procedures
To receive a credit, the customer must submit a ticket from our Client Area. The customer must include the dates and times of the unavailability of customer’s Web site and must be received by Cebu Web Solutions within ten (10) business days after the customer’s Web Site was not available. If the unavailability is confirmed by Cebu Web Solutions, credits will be applied within two billing cycles after Cebu Web Solutions' receipt of the customer’s ticket. 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 Cebu Web Solutions and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the availability of the Services.
Note: Credits are not refundable and can be used only towards future billing charges.