ProperHost will provide Customer with a level of service subject to the terms set forth in this Service Level Agreement (SLA). To the extent that ProperHost does not provide the services at the levels set forth in this Service Level Agreement, and Customer is in compliance with all terms and conditions of the Master Services Agreement (including the Acceptable Use Policy), ProperHost will credit Customer's account in an amount as provided in this SLA, reflecting percentages of the monthly fees Customer pays to ProperHost for the affected services.
ProperHost guarantees 99.9% Network Uptime and 99.9% Power Uptime for each month, which consists of the following parts:
Should we fail to meet this goal for a given month, the customer is entitled to an SLA credit as per the applicable row of the chart below.
|Network & Power||99.9% and above||0%|
ProperHost will replace any server hardware component such as, but not limited to, hard drives, memory, or processors substantially affecting the performance of the Services, after having been determined by ProperHost in its reasonable discretion to require replacement. Please note that the SLA is valid only after the problem has been confirmed to be faulty hardware.
|Service||Resolution Time||SLA Credit|
|Hardware Replacement||Over 4 hours||20%|
Faulty hardware qualifies for the Hardware SLA only when 4 hours have passed from the time that a ProperHost Technician has officially diagnosed the problem as being caused by faulty hardware. Until diagnosis is confirmed, the Hardware SLA is inactive.
ProperHost will have no obligation to issue any SLA Credit unless requested to do so by Customer pursuant to the terms and conditions of this SLA. Customer must submit all requests for SLA Credit in writing via the support portal and must provide all information reasonably requested by ProperHost. Customer must submit a complete and valid request for SLA Credit no later than seven days following the event giving rise to the claimed SLA Credit.
All SLA claims must be made with the sales department, and will be issued as account credits. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.
SLA credits may not exceed the total monthly fees paid by Customer for the affected Services. ProperHost offers SLA credits for use in future billing cycles only and will not be applied to past due balances. SLA credits are non-transferrable in any way. SLA credits may not be exchanged for currency of any kind.
For the purpose of calculating an SLA credit for an account where billing is performed in arrears, Customer will receive credit after the billing cycle has been completed in order to allow ProperHost to calculate the SLA credit.
Any Customer account not in good standing on payments is not eligible for SLA credit. Any Customer account which has had been out of good standing on payments 3 times or more within 12 months prior to the outage is not eligible for SLA credits. Additionally, any Service disconnected due to violation of the AUP/TOS is not eligible for SLA credit.
Customer's eligibility to receive credit or a refund is not cumulative, but is limited to one credit or refund per incident. For example claiming SLA credit on both uplink downtime, as well as power downtime during the same incident will not entitle Customer to two SLA credits for the same incident. ProperHost will apply credits or refunds based on the predominant issue with the problem, as determined in ProperHost' reasonable discretion, and will issue the larger of two credits should two equally important issues occur in the same incident.
In no way does the ProperHost SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit. Acts of God, including weather, natural disaster, or any other disaster outside of the control of ProperHost are not eligible for SLA credit.
This SLA is subject to change or revision without notice.