Service Level Agreement
1. Coverage; Definitions
This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any hosted services from CompliaShield (the "Services") and your account is current (i.e., not past due) with CompliaShield. 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 a Services are available for access by third parties via HTTP, as measured by CompliaShield.
2. Service Level
Goal: CompliaShield's goal is to achieve 100% Availability for all customers.
Remedy: Subject to Sections 3 and 4 below, if the Availability of customer's Services is less than 100%, CompliaShield 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 only for the affected Services:
|99.9 to 100%||0%|
|98% to 99.8%||10%|
|95% to 97.9%||25%|
|90% to 94.9%||50%|
|89.9% or below||100%|
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
- circumstances beyond CompliaShield's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, storms, 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;
- issues caused by failures of integrated service providers such as Microsoft, Microsoft Azure, Amazon Web Services, SendGrid or Google;
- failure of access circuits to the CompliaShield Network, unless such failure is caused solely by CompliaShield;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of CompliaShield;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any CompliaShield 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, willful misconduct, or use of the Services in breach of CompliaShield's Terms and Conditions and Acceptable Use Policy;
- e-mail or web mail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. CompliaShield is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CompliaShield will guarantee only those areas considered under the control of CompliaShield: CompliaShield server links to the Internet, CompliaShield's routers, and CompliaShield's servers.
4. Credit Request and Payment Procedures
To receive a credit for any service disruption, the customer must make a request by sending an e-mail message to email@example.com. The e-mail message MUST include the name of the Service(s) that were affected and the name of the customer's account. Each request in connection with this SLA must include the customer's account information and the dates and times of the unavailability of Service(s). Such requests must be received by CompliaShield within ten (10) business days of the incident. If the unavailability is confirmed by CompliaShield, credits will be applied within two billing cycles after CompliaShield' 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 total hosting fee paid by customer for such month for the affected Services. Credits will only be issued for the portion of the monthly fee for the unavailable Service(s) and will not apply to all Services used by Customer. Credits are exclusive of any applicable taxes charged to customer or collected by CompliaShield and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's Services.
Note: Credits are not refundable and can be used only towards future billing charges.