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Spreehosting will review claims of SLA violations during normal business hours
of the first through sixth day of the month, and will apply any applicable
credit to Customer’s account within two billing cycles after Spreehosting
receives Customer’s credit request.
3. Performance Credit Exclusions.
Notwithstanding any contrary provision in this SLA, Spreehosting shall not
be liable to reimburse in any form for failure to meet any of the guaranteed
service level where such failure arises from any one or more of the following:
3.1. Scheduled downtime, maintenance, or upgrades, including without
limitations the following:
Maintenance by local public telecommunications and telegraph service
providers on access circuits between Spreehosting and the clients’ Web sites;
Software maintenance made globally on Spreehostings’s network.
3.2. Emergency maintenance or upgrades, where such maintenance or upgrades
are required by the occurrence of any events outside of Spreehosting’s control;
3.3. Failure of access circuits to the Spreehosting Network, unless such
failure is caused solely by Spreehosting;
3.4. Erroneous SLA outages reported as a result of outages or errors of any
Spreehosting measurement system;
3.5. Problems outside of Spreehosting’s network (upstream providers, or
client’s inbound connection) not effecting 100% loss to our network, and
interruptions or failures of individual service caused by Customer, Customer’s
agents or mployees, Customer’s clients, or other third parties, to Customer’s
service. These interruptions and failures include, but are not limited to, the
following:
• inaccurate configuration,
• third-party software,
• Customer’s abuse or over-utilization of resources,
• acts or omissions of any person for whom Spreehosting is not responsible, or
• any causes whether similar or otherwise outside Spreehosting’s control;
3.6. Circumstances beyond Spreehosting’s reasonable control and force major
events including but not limited to the following:
catastrophic incidents, vandalism, lightning, power failure, fire, flood,
earthquake, acts of nature, emergency, acts of any governmental body, war,
insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew,
strike or other labor disturbance, industrial disputes, interruption of or delay
in transportation, unavailability of or interruption or delay in
telecommunications or third-party services, virus attacks, worms, Trojans,
spyware, adware or other malware, failure of third-party software (including,
without limitation, e-commerce 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;
3.7. Services or communications protocols other than hypertext transfer
protocol (HTTP).
3.8. DNS (Domain Name System) issues outside the direct control of Spreehosting;
3.9. DNS propagation;
3.10. 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, PHP, etc., any negligence, willful misconduct, or
use of Spreehosting’s service in breach of Spreehosting’s Terms of Service,
Acceptable Use Policy, or No-Spam Policy;
3.11. Faults caused by the client’s equipment, applications, interconnected
equipment, networks, systems or gateways and / or the acts or omissions of the
Customer, third-party components whether within or outside Spreehosting’s
network or the acts or omissions of local exchange carriers or failure of third
party services;
3.12. Outages elsewhere on the Internet that hinder access to your account or
services. Spreehosting is not responsible for browser or DNS caching that may
make your Web site appear inaccessible when others can still access it. Spreehosting
will guarantee only those areas considered under the control of Spreehosting; or
3.13. Disconnection and / or reconnection of the services due to non-payment
of any charges payable to Spreehosting or where the services are disconnected
by reason of it being used for any illegal, unlawful, or other objectionable
purpose described in the TOS, AUP, or No-Spam Policy.
4. Nature of Credits; Sole Remedy.
4.1. Notwithstanding anything to the contrary in this SLA, the total amount
credited to the Customer in a particular month under this SLA shall not exceed
the total hosting fee paid by the Customer for such month for the affected
service.
4.2. Credits are exclusive of any applicable taxes charged to the Customer or
collected by Spreehosting and are the Customer’s sole and exclusive remedy with
respect to any failure or deficiency in service or in the availability of the
Customer’s Web sites.
5. General Terms.
5.1. You and Spreehosting agree that only measurements carried out by
Spreehosting’s personnel shall be used for the calculation of unavailable time
and Spreehosting’s records shall be conclusive evidence of that unavailable
time. The client’s sole remedy in relation to a breach of this SLA shall be
limited to the service credits provided accordingly in this SLA.
4.2. This SLA shall not apply during any trial or free period of the
services, and this SLA does not come into effect until after the end of the
first month of the applicable services has been provided. The SLA shall apply
during the normal initial period during which the Customer is available for
Spreehosting’s 21-day money-back guarantee, as provided in the TOS, as amended
from time to time; provided, however, that Customer’s right to a 21-day
money-back guarantee shall expire, according to its terms, if the Customer
continues service beyond the first twenty-one (21) days.
5.3. This SLA does not relieve the Customer from the obligation to pay the
Customer’s balance in full when it is due. SLA credits are always applied within
two billing cycles after the month in which the downtime eligible for SLA credit
occurs.
5.4. This SLA is subject to Spreehosting’s Terms of Service (TOS), as it may
be modified from time to time. In the event of any conflict between any term or
condition of this SLA and the TOS, the TOS shall govern and the conflicting
portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties to this SLA, and the
remainder of the SLA’s provisions shall remain in full force and effect.
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