This Service Level Agreement (“SLA”) is a part of our Terms and Conditions and applies to you if you have purchased website hosting services from TopSyde (“we”, “us”, or “our”).
1. Service Commitment: 99.9% Uptime Guarantee
TopSyde is committed to providing a reliable hosting environment. We guarantee a Monthly Uptime Percentage of at least 99.9% for your website.
2. Definitions
“Monthly Uptime Percentage” is calculated as: (Total minutes in a calendar month - Downtime minutes) / Total minutes in a calendar month * 100
.
“Downtime” means the total number of minutes in a calendar month during which your website is unavailable and inaccessible to the public. Downtime is measured based on our internal server monitoring systems.
3. Exclusions from Downtime Calculation
Downtime does not include any service unavailability resulting from:
Scheduled Maintenance: Maintenance activities for which we provide at least 24 hours of advance notice.
Emergency Maintenance: Critical maintenance performed for security or stability reasons that may not have advance notice.
Client-Side Issues: Any issues caused by your code, applications, plugins, themes, content, or misconfigurations by you or your representatives.
Third-Party Services: Failures of services not managed by TopSyde, including but not limited to domain registrars, DNS providers, and upstream network or internet service providers.
Malicious Acts: Security breaches, denial-of-service attacks, or other malicious third-party actions.
Force Majeure Events: Any circumstances beyond our reasonable control, such as natural disasters, acts of war, government action, or telecommunications failures.
4. Service Credits
If we fail to meet the 99.9% Uptime Guarantee in any calendar month, you may be eligible to receive a service credit. This credit will be a percentage of your monthly hosting fee for the affected service, calculated as follows:
99.0% to 99.89% Uptime: 5% credit of your monthly fee.
Below 99.0% Uptime: 10% credit of your monthly fee.
5. Credit Request and Payment Process
To receive a service credit, you must submit a request by opening a support ticket within seven (7) days of the end of the month in which the downtime occurred. The request must include the dates and times of the suspected downtime.
If the uptime of the affected service is confirmed to be below 99.9%, we will issue the service credit to your account. This credit will be applied to your next invoice. Service credits are non-transferable and cannot be exchanged for cash.
6. Sole Remedy
The service credits described in this SLA shall be your sole and exclusive remedy for any failure by TopSyde to meet the Uptime Guarantee.
Disclaimer: This is a standard SLA template and is not a substitute for legal advice. We recommend consulting with a legal professional to ensure your full Terms and Conditions are appropriate for your business.
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