Last Updated August 1, 2017
This Service Level Agreement (the “SLA”) is an integral part of your agreement with Host for the provision of services (collectively the “Services”) set forth on the Service and Pricing Order Form.
This SLA defines the terms of our responsibility with respect to the Services that we provide (the Service Commitments) and your remedies in the event that we fail to meet these Service Commitments. This SLA and the refunds set forth herein (the Service Credits) represent Host’s sole obligation and your sole remedy for our failure to meet such Service Commitments.
Parties understand that Host utilizes various Infrastructure as a Service (IaaS) “Cloud” vendors for some or all aspects of computing, digital storage, and network services used in the course of delivering the Pagely service to customers. These Vendors may include but are not limited to Amazon Web Services (https://aws.amazon.com/), Google Cloud, Microsoft Azure and/or other public cloud vendors chosen by Host.
Parties agree that the use of cloud IaaS vendors has inherent and implied risks of disruptions in availability, performance, uptime and other aspects of use including but not limited to potential data loss, security issues, and government agency monitoring or interference whether known or unknown. Accepted industry best practices in systems architecture design, information security, and business process have been employed by Host as is commercially feasible to mitigate the possible effects these disruptions may have on our service and our clients use thereof. No guarantee, SLA, warranty, or assurance is offered or implied by Host as it may relate to those events that are or may be reasonably determined outside of Host’s influence or control. You recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of Host. This SLA and the 100% Service Availability Commitment cover the provision of access by Host to the global internet “cloud”. Routing anomalies, asymmetries, inconsistencies and failures of the Internet or IaaS vendor outside of the control of Host can and will occur and such instances shall not be considered any failure of the 100% Service Availability Commitment.
Host guarantees our service will be available and free of material defects for use by customers at minimum 100% of the hours in a calendar month. In the event that our service does not experience 100% availability in a given month (see Excluded Events below), Host will credit 20% of your monthly service fees for each two (2) hours of service availability experienced up to 100% (for all Service Credits in a given month) of the monthly service fees for those Services affected.
For VPS and Enterprise accounts: Each node/server/account is allotted resources based upon their chosen plan or service configuration. A finite amount of CPU cores/workers, Memory, Disk Storage, Bandwidth, and other consumables. We passively monitor the rate and levels of consumption and will be alerted to instances that are running out of these consumables. It is understood you may run out of or low on 1 or more of these resources at any given time in the course of your normal operations, such as a load spike from bot crawling traffic or above average concurrent users which may impair the performance of your site(s). Should we fail to detect this impairment and communicate to you an action plan for remediation for longer than a period of 30 minutes from the start of the event, you will be entitled to make a Service Credit Request under the terms of the Availability guarantee above.
Host runs nightly backup to Amazon S3 for each customer. The retention period is 14 days. User may log in to their control panel at any time and click to download a full copy of their site’s files and database. For VPS and Enterprise plans, users may provide their own Amazon S3 credentials and Host will push an additional backup copy to that location each night.
All SLA claims must be filed in writing to Host Accounting (Host) within 7 days of the incident. The support ticket must include all relevant information, including server name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
In order to qualify for Service Credits, you must be current on all payment obligations, not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Host.
Total cumulative Service Credits during any given month shall not exceed your monthly fee for those Services affected.
Host proactively monitors network uptime, infrastructure uptime and hardware availability. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime, infrastructure uptime and hardware availability.
No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your personnel, (ii) due to failure of any equipment provided by you, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which you are entitled to a Service Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from your breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Host (vii) any issue arising as a result of failure, outage, negligence, or other disruption of service at the underlying IaaS provider.
Host may modify any aspect of this SLA with or without prior notice. Should you wish to terminate the Service as a result of such modification, you may do so by sending a termination notice to Host any time prior to the effective date of such modification. Absent such termination notice, the modified SLA shall apply from the effective date for as long as you continue to retain Services from Host.