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Service Level Agreement
Because availability is critical for your mission-critical hosting environment, our Service Level Agreements (SLA's) are designed to protect customers against unscheduled outages. The SLA's provides unsurpassed levels of availability with correspondingly aggressive penalties for failure to comply with them.
Contents:
1.
Preamble
1.1 These
Service Level Agreements (SLA's) apply to you (the
"Customer") if you have ordered any of the
following hosting services from DV8 Media (UK) LTD
(the "Services") and your account is current (i.e.
not past due) with DV8 Media (UK) LTD: Shared Hosting
Solutions, Reseller Hosting Solutions and
Dedicated Hosting
Solutions.
1.2 As used herein
the terms "Availabilty" and "Uptime" means the
percentage or a particular month (based on 24-hour
days for the number of days in the subject month)
that the Services are available for use and that
the content of customer's Web site is available
for access by third parties via HTTP and HTTPS
(where applicable), as measured by DV8 Media (UK) LTD.
1.3 SLA's valid from
1st October 2006.
2. SLA for Shared Hosting
Solutions
2.1 99.7% Service
Availability - Subject to Section 5
below, if the availability of the Services is less
than 99.7%, DV8 Media (UK) LTD will issue a credit to
customer in accordance with the following
schedule, with the credit being calculated on the
basis of the monthly service charge for the
affected Services:
| Service Availability | Credit Percentage |
| 99.7 to 100% | 0% |
| 98% to 99.7% | 10% |
| 95% to 97.9% | 20% |
| 90% to 94.9% | 30% |
| 89.9% or below | 100% |
2.2
Scheduled Maintenance - Scheduled
maintenance shall mean any maintenance to DV8 Media (UK) LTD equipment which the Services utilise, or
which may affect the Services. The customer will
be notified 24 hours in advance and the
maintenance period will not be more than 6 hours.
Attempts will be made to perform the maintenance
at non-peak times where ever
possible.
2.3 Price Freeze -
We will not increase the price you pay throughout
the term of your service, even if the price to new
customers changes.
3. SLA for Reseller Hosting
Solutions
3.1 99.7% Service
Availability - Subject to Section 5
below, if the availability of the Services is less
than 99.7%, DV8 Media (UK) LTD will issue a credit to
customer in accordance with the following
schedule, with the credit being calculated on the
basis of the monthly service charge for the
affected Services:
| Service Availability | Credit Percentage |
| 99.7 to 100% | 0% |
| 98% to 99.7% | 10% |
| 95% to 97.9% | 25% |
| 90% to 94.9% | 35% |
| 89.9% or below | 100% |
3.2
Scheduled Maintenance - Scheduled
maintenance shall mean any maintenance to DV8 Media (UK) LTD equipment which the Services utilise, or
which may affect the Services. The customer will
be notified 24 hours in advance and the
maintenance period will not be more than 6 hours.
Attempts will be made to perform the maintenance
at non-peak times where ever
possible.
3.3 Price Freeze -
We will not increase the price you pay throughout
the term of your service, even if the price to new
customers changes.
4. SLA for Dedicated Hosting
Solutions
4.1 99.9% Network
Uptime - We guarantee 99.9% network
uptime, if we fail to meet this we will refund 1
days service for every hour that connectivity has
been unavailable over and above 0.1% of the month,
extending in value up to a maximum of your monthly
subscription charge.
4.2 Scheduled
Maintenance - Scheduled maintenance shall
mean any maintenance to DV8 Media (UK) LTD equipment
to which a customer is connected, or which may
affect the customers service. The customer will be
notified 48 hours in advance and the maintenance
period will not be more than 4 hours. Attempts
will be made to perform the maintenance at
non-peak times where ever possible. There shall be
no more than 2 scheduled maintenance periods in 1
calendar month, unless beyond the control of DV8 Media (UK) LTD.
4.3 4 Hour Hardware
Replacement - If for any reason any of
the hardware in your dedicated server fails, we
will rectify the problem within 4 hours of our
technicians confirming the hardware fault. In the
unlikely event we fail to achieve this, we will
refund you 1 days service for every hour of
downtime, up to a maximum of your monthly
subscription charge.
4.4 Price
Freeze - We will not increase the price
you pay throughout the term of your service, even
if the price to new customers changes.
5. Exceptions for Shared and Reseller
Hosting Solutions
5.1 Customer shall not receive any credits under the Shared Hosting Solutions SLA and Reseller Hosting Solutions SLA in connection with any failure or deficiency of Availability caused by or associated with:
- (a) circumstances beyond DV8 Media (UK) LTD'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 or spam 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 the SLA;
- (b) failure of access circuits to the DV8 Media (UK) LTD Network, unless such failure is caused solely by DV8 Media (UK) LTD;
- (c) scheduled maintenance and emergency maintenance and upgrades;
- (d) DNS issues outside the direct control of DV8 Media (UK) LTD;
- (e) false SLA breaches reported as a result of outages or errors of any DV8 Media (UK) LTD measurement system;
- (f) customer's acts or omissions (or acts or omissions of others engaged or authorised by customer), including, without limitation, custom scripting or coding (e.g., HTML, ASP, PHP, ASP.NET etc), any negligence, willful misconduct, or use of the Services in breach of DV8 Media (UK) LTD's Terms and Conditions and Acceptable Use Policy;
- (g) DNS (Domain Name Server) propagation;
- (h) malfunction or maintenance work of the provided online Control Panels;
- (i) outages elsewhere on the Internet that hinder access to the Services. DV8 Media (UK) LTD is not responsible for browser or DNS caching that may make the Services appear inaccessible when others can still access them. DV8 Media (UK) LTD will guarantee only those areas considered under the control of DV8 Media (UK) LTD: DV8 Media (UK) LTD server links to the Internet, DV8 Media (UK) LTD's routers, and DV8 Media (UK) LTD's servers
6. Credit Request and Payment
Procedures
6.1 In order
to receive a credit, customer must make a request
by sending an email message to
. Each request in connection with the SLA must
include customer's account number (per DV8 Media (UK) LTD's invoice) and the dates and times of the
unavailability of the Services and must be
received by DV8 Media (UK) LTD within ten (10)
business days after the Services were not
available. If the unavailability is confirmed by
DV8 Media (UK) LTD, credits will be applied within
two billing cycles after DV8 Media (UK) LTD's receipt
of customer's credit
request.
6.2 Credits are not
refundable and can be used only towards future
billing charges.
6.3 Notwithstanding anything to the contrary herein,
the total amount credited to customer in a
particular month under the SLA shall not exceed
the total fee paid by customer for such month for
the affected Services. Credits are exclusive of
any applicable taxes charged to customer or
collected by DV8 Media (UK) LTD and are customer's
sole and exclusive remedy with respect to any
failure or deficiency in the Availability of the
Services.
7.
Revisions
7.1 DV8 Media (UK) LTD reserves the right to revise, amend, or modify the Service Level Agreements, and any of our other policies and agreements at any time and in any manner.