Service Level Agreement
Coverage
This Service Level Agreement (SLA) applies to you ("customer") if you have ordered a Web Hosting or Email service from Aexiomus Limited T/A Cyberstrider (the "Services") and your account is current (i.e., not past due) with Cyberstrider. Personal Hosting packages and some Email services are not covered by this or any other SLA. As used herein, the term "Server 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 ; or their email service is available by SMTP, POP3 or IMAP, as measured by Cyberstrider.
Goal
Cyberstrider's goal is to achieve 100% Server and Network Availability for all customers.
Remedy
Subject to below, if the Server Availability of customer's Service is less than 100%, Cyberstrider will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly equivalent service charge for the affected Services:
Server Availability Credit Percentage:
- 99.50 to 100.00% 0%
- 99.49% to 98.00% 10%
- 97.99% to 97.00% 25%
- Less than 96.99% 50%
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with:
Circumstances beyond Cyberstrider's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour 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;
Failure of access circuits to Cyberstrider, unless such failure is caused solely by Cyberstrider;
Scheduled maintenance and emergency maintenance and upgrades;
DNS issues outside the direct control of Cyberstrider;
Issues with FTP access;
False SLA breaches reported as a result of outages or errors of any Cyberstrider 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, etc), any negligence, wilful misconduct, or use of the Services in breach of Cyberstrider's Terms and Conditions and Acceptable Use Policy;
E-mail or webmail delivery and transmission;
DNS (Domain Name Server) Propagation.
Outages elsewhere on the Internet that hinders access to your account. Cyberstrider is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Cyberstrider will guarantee only those areas considered under the control of Cyberstrider: Cyberstrider server links to the Internet, Cyberstrider's routers, and Cyberstrider's servers.
Credit Request and Payment Procedures
In order to receive a credit, customer must make a request by submitting a ticket via the Customer Portal accessible via http://www.cyberstrider.net. Each request in connection with this SLA must be submitted whilst client is logged into their customer portal and include the dates and times of the unavailability of customer's server and must be received by Cyberstrider within seven (7) business days after customer's site was not available. If the unavailability is confirmed by Cyberstrider, credits will be applied on the next billing cycle after Cyberstrider'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 fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Cyberstrider and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Server Availability.