1.      Introduction to availability SLA

1.1    This Availability SLA sets out the Provider’s availability commitments relating to the Hosted Services.

1.2    In this Availability SLA, “uptime” means the percentage of time during a given period when the Hosted Services are available at the gateway between public internet and the network of the hosting services provider for the Hosted Services.

2.      Availability

2.1    The Provider shall use reasonable endeavours to ensure that the uptime for the Hosted Services is at least 99.9% during each calendar month.

2.2    The Provider shall be responsible for measuring uptime, and shall do so using third party monitoring software, counting downtime as any period of unavailability that exceeds 5 minutes.

2.3    The Provider shall report uptime measurements to the Customer within 10 Business Days of written request.

3.      Service credits

3.1    In respect of each calendar month during which the Hosted Services uptime is less than the commitment specified in Section 2.1, the Customer shall earn service credits in accordance with the provisions of this Section 3.

3.2    The service credits earned by the Customer shall be as follows: 1 day of service for every 1 hour of downtime over and above the accepted threshold detailed in 2.1.

3.3    The Provider shall deduct an amount equal to the service credits from the renewal quote once the term is completed, or, if the Customer does not renew the contract, from the final invoice payable. 

3.4    Service credits shall be the sole remedy of the Customer in relation to any failure by the Provider to meet the uptime guarantee in Section 2.1.

3.5    Upon the termination of the Agreement, the Customer’s entitlement to service credits shall immediately cease, save that service credits earned by the Customer shall be offset against any amounts invoiced by the Provider in respect of Hosted Services following such termination.

4.      Exceptions

4.1    Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether the Provider has met the uptime guarantee given in Section 2.1:

(a)    a Force Majeure Event;

(b)    a fault or failure of the internet or any public telecommunications network;

(c)    a fault or failure of the Provider’s hosting infrastructure services provider, unless such fault or failure constitutes an actionable breach of the contract between the Provider and that company;

(d)    a fault or failure of the Customer’s computer systems or networks;

(e)    any breach by the Customer of the Agreement; or

(f)    scheduled maintenance carried out in accordance with the Agreement.

5.  Variation of terms

The Company reserves the right to vary these terms from time to time. You will be notified of any proposed variation and will be deemed to have accepted said variation unless you provide written rejection of said variations within 15 business days.