This Service Level Agreement (SLA) applies to you (“customer”) if you have a current high-availability service or services with Technomax (the “Services”) and your account is current (i.e., in good standing). 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 customer’s hosted system is available for access by third parties, as measured by Technomax.
Subject to Sections 3 and 4 below, if the availability of customer’s services is less than 99.9%, technomx will credit the customer 5% of the monthly fee for each 30 minutes of downtime in excess of 0.05% (up to 30% of customer’s monthly fee for the affected server). PLEASE NOTE: In the 25 years (since 1997) Technomax has been in the hosting industry we have only had one datacenter disaster which resulted from both power grids failing in 2008. That DC was located in (you guessed it, Texas), since then we have our DC located with Simpli Networks witin the Iron Mountain DC in New York. We have maintained our SLA since then at 99.97% uptime. In addition it is possible to receive a credit up to 100% of your services fee on a case-by-case basis depending on any third party failures and their SLA's withus. In the event of downtimes of more than 6 hours we will post results on our website.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
A) circumstances beyond Technomax's' 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;
B) failure of access circuits to the Technomax Network, unless such failure is caused solely byTechnomax;
C) scheduled maintenance, emergency maintenance and upgrades (emergency or scheduled);
D) DNS issues outside the direct control of Technomax;
E) issues with FTP, POP, IMAP, SMTP or other application running within your service as an application;
F) false SLA breaches reported as a result of outages or errors of any M5 Hosting 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 Technomax's Terms and Conditions and Acceptable Use Policy;
G) e-mail or webmail delivery and transmission;
H) DNS (Domain Name Server) Propagation;
I) outages elsewhere on the Internet that hinder access to your account.
Technomax is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Technomax will guarantee only those areas considered under the control of Technomax: Technomax server links to the Internet, Technomax routers, and Technomax servers.
4. Credit Request and Payment Procedures
To receive a credit, the customer must make a request by sending an e-mail message the contact us form on our site. The e-mail message MUST include the relevant website, or server ID in the comments section. Each request in connection with this SLA must include the customer’s account number and the dates and times of the unavailability of customer’s services and must be received byTechnomax within 3 business days after the customer’s service was not available. If the unavailability is confirmed by Technomax, credits will be applied within two billing cycles after Technomax's' receipt of the customer’s credit request. 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 30% of 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 Technomax 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.