ViUX™ Service Level Agreement (SLA) & Uptime Guarantee Credit Policy: (Effective: 1/1/2008)
The ViUX® Service Level Agreement (SLA) covers certain aspects of our Hosting Plans / Services (and related services). Our goal is to achieve 100% uptime of all services for all customers. This SLA serves to provide our customers with confidence and assurance that we stand behind our Hosting Services.
In the event that your ViUX® Hosting Service(s) fall below our guaranteed uptime of 99.9%, you may be eligible for a service credit per the terms and conditions of this SLA. Such credits are automatically issued to all affected customers if a failure to maintain 99.9% uptime takes place.
However, if you feel that a coverage outage took place for which a service credit was not automatically issued, we ask that you open a ticket with our Support Department giving full details of the matter. Such requests for credit must be received within 72 hours of the incident for which the credit is being requested. If a covered outage is confirmed to have taken place for which credit was not already issued, a service credit to your account will be applied within 10 days according to the service credit schedule below. Service credits are NOT refundable upon cancellation, are NON-transferable, and can only be used towards current or future ViUX Hosting Service charges.
1. Definitions and Applicability:
This Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered any Hosting Service(s) from ViUX™ (the “Services”) and your account is current (i.e., not past due for payment). As used herein, the term “Website 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 the customer’s Website is available for access by third parties via HTTP and HTTPS, along with other monitored protocols (see below), as measured by ViUX via our internal and/or external (third party) monitoring source(s). The term “Website Availability” applies to our network, servers, and all monitored services as shown in the chart below.
|| Monitored Services:
|| DNS, HTTP, HTTPS, FTP
||POP3, IMAP4, SMTP, WEBMAIL
||ASP/ASP.NET, ColdFusion, JSP, PHP, Perl/CGI
Network uptime is the total time in a calendar month that the ViUX network is available via the Internet, provided that customer has established Internet connectivity. ViUX takes responsibility for network availability within our area of control; however, we cannot be held liable for upstream provider / datacenter problems (i.e. issues outside of our network, not with our equipment, and not within our direct control). Our guarantee is that our network will be available to clients and free of outages for 99.9% of each calendar month, with our goal being to maintain 100% uptime.
Scheduled maintenance downtime is any scheduled interruption of service(s), either for the purpose of network, server, or software upgrades, or for the replacement of any equipment in order to provide our customers with better or continued service. Scheduled downtime occurs during notified downtime periods (or maintenance windows). Notification of such will take place with as much advance warning as possible via e-mail and/or within our online system. The nature and anticipated duration of any such outages will be provided, along with other details. When required our most common maintenance window is from 11PM to 3AM EST on Friday and/or Saturday night(s).
2. Service Level:
While we guarantee 99.9% uptime, ViUX seeks as its goal to achieve 100% Website and Network availability for all customers.
II. Remedy (Credit Policy):
Subject to Sections 3 and 4 (below), if the Website Availability of a customer’s Website is less than 99.9%, ViUX will issue a credit automatically, or upon request, to the customer’s account based upon the credit schedule below. If the customer has paid on a quarterly, semi-annual, or annual basis, then the amount paid by customer will be calculated in terms of months and the Website Availability credits will be applied accordingly. The Website(s) within the account being credited must still be active on our systems during the billing period following the downtime to receive credit. Maximum credit shall not exceed the basic monthly service charge of the affected subscription(s) for the month in which the outage took place. Credit can only be applied to services for the specific Website(s) that experienced the downtime, does NOT have a cash value, and may NOT be transferred. In the event of uptime for a month falling below 95.9% in which a 100% credit is due, the method for issuing the credit will be to extend the end date of the affected subscription(s) by one free month of service. ViUX reserves sole right to determine how / when service credits are issued.
|100% to 99.9%
|99.8% to 98.0%
|97.9% to 96.0%
|95.9% to 94.0%
|93.9% to 92.0%
|91.9% or below
Customers shall not receive any credits under this SLA in connection with any failure or deficiency of Website Availability caused by or associated with:
I. Circumstances beyond our reasonable control, including and without limitation: acts of any governmental body, war, insurrection, sabotage, terrorism, 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 and without limitation, e-commerce software, control panels, payment gateways, chat systems, web statistics or free scripts), or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
II. Failure of access circuits to our network, unless such failure is caused solely by ViUX and/or our direct controlled equipment;
III. Scheduled maintenance or upgrades where adequate notice of such has been provided;
IV. DNS and network issues outside the direct control of ViUX;
V. Issues with customer access to: FTP, POP3, IMAP4, SMTP (or other monitored or non-monitored service), that do not relate to a failure of those services by ViUX (i.e. other customers are able to access said services without issue and/or we are unable to duplicate reported issues);
VI. False SLA breaches reported as a result of outages or errors of any ViUX measurement system;
VII. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (i.e. HTML, ASP/ASP.NET, ColdFusion, JSP, PHP, Perl/CGI, etc.), any negligence, willful misconduct, or use of the services in breach of our Terms of Service (ToS);
VIII. E-mail or WebMail delivery, transmission and reception, unless such failure is caused solely by ViUX and relates to a complete outage of said service(s);
IX. DNS (Domain Name Server) Propagation;
X. Outages elsewhere on the Internet that hinder access to an account or subscription services. ViUX is not responsible for browser or DNS caching that may make a site appear inaccessible when others can still access it. ViUX will guarantee only those areas considered under the control of ViUX: our server links to the Internet, our routers, firewalls, and other network equipment, and our servers themselves.
4. Credit Request and Payment Procedures:
Service credits for failure to maintain 99.9% uptime in accordance with the conditions and terms detailed herein are automatically issued to affected customers. However if you feel that a coverage outage took place for which a service credit was not automatically issued, we ask that you open a ticket with our Support Department giving full details of the matter. Such requests for credit must be received within 72 hours of the incident for which the credit is being requested. If a covered outage is confirmed to have taken place for which credit was not already issued, a service credit to your account will be applied within 10 days according to the service credit schedule above. Service credits are NOT refundable upon cancellation, are NON-transferable, and can only be used towards current or future ViUX Hosting Service 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 monthly fee for the affected subscription(s).
Credits are exclusive of any applicable taxes charged to customer or collected by ViUX and are the customer’s sole and exclusive remedy with respect to any failure or deficiency in the Website Availability of customer’s Website, Database, Email or related service elements.