Terms of Service
This Service Level Agreement (SLA) applies to you ("customer") if you currently hold a Managed Web Hosting account from Sumer Digital (the "Services") and your account is current (i.e., not past due) with Sumer Digital.
As used herein, the term "Web Site 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 customer's Web site is available for access by third parties via HTTP and/or HTTPS, as measured by Sumer Digital.
Sumer Digital aims to achieve 99.9% Web Site Availability for all customers.
Except under the conditions mentioned in the next section below, if the Web Site Availability of customer's Web site is less than 99.9%, Sumer Digital will issue a credit to customer according to the following table:
The credit will be calculated based on the monthly service charge for the affected Services.
a. Sumer Digital will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
b. Sumer Digital reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.
Customers shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
a. circumstances beyond Sumer Digital'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 Sumer Digital's Network or it's upstream providers, unless such failure is caused solely by Sumer Digital;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of Sumer Digital;
e. issues with FTP, POP, IMAP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any Sumer Digital's measurement system;
g. 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, etc), any negligence, willful misconduct, or use of the Services in breach of Sumer Digital's Terms of Service and Acceptable Use Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. Outages elsewhere on the Internet that hinder access to your account. Sumer Digital is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Sumer Digital will guarantee only those areas considered under the control of Sumer Digital: Sumer Digital server links to the Internet, and Sumer Digital's servers.
In order to receive a credit, customers must make a request by emailing: creditrequest@sumerdigital.com
Each request in connection with this SLA must include customer's account name and the dates and times of the unavailability of customer's Web site and must be received by Sumer Digital within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Sumer Digital, credits will be applied within three months after Sumer Digital's receipt of 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 total hosting fee paid by customer for such month for the affected Services. Credits are inclusive of any applicable taxes charged to customer or collected by Sumer Digital and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.
Credits are not refundable and can be used only towards future billing charges.
Service Level Agreement (SLA) effective 10 December 2005.
