(Last Modified June 20, 2007)
Coverage and Definitions
The following Service Level Agreement ("SLA") applies to those persons
or entities ("Client") who have purchased hosting products and/or
services directly from Nexigen Communications ("Nexigen") and whose
account is current (i.e., not past due).
For this SLA, the term "Service Unavailability" shall mean an
inability to transmit and receive data due to a failure in Nexigen's
equipment or network.
100% Availability Guarantee
Subject to the Exceptions below, Nexigen will reimburse in the form of
SLA Credits (as defined below) for Service Unavailability to clients
with the credit being calculated on the basis of the monthly service
charge in respect of such products and services for the month in which
such Service Unavailability occurs calculated as follows:
| Service
Unavailability |
SLA Credit |
|
Managed Dedicated Hosting |
| Up to 5 Minutes |
0% |
| 5 Minutes up to 30 Minutes |
5% |
| 30 Minutes up to 1 Hour |
10% |
| 1 Hour up to 4 Hours |
15% |
| 4 Hours up to 8 Hours |
20% |
| Over 8 Hours |
50% |
| |
|
|
Self-Managed Dedicated Hosting, VPS, Shared Hosting |
| Up to 1 Hour |
0% |
| 1 Hour up to 4 Hours |
5% |
| 4 Hours up to 8 Hours |
10% |
| Over 8 Hours |
15% |
| |
|
|
Entry Level Dedicated Servers |
| No SLA Credit whether or not a Service Unavailability
Occurred. |
Exceptions
Nexigen 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:
Faults caused by the Client's equipment, applications, interconnected
equipment, networks, systems or gateways and/or the acts or omissions of
the Client, third party components whether within or outside Nexigen's
network or the acts or omissions of local exchange carriers or failure of
third party services.
Faults caused by disconnection and / or reconnection of the services
due to non-payment of any charges payable to Nexigen or where the
services are disconnected by reason of it being used for any illegal,
unlawful or other objectionable purpose described in the Hosting
Agreement or Hosting Acceptable Usage Policy.
Faults caused by Client's acts or omissions (or acts or omissions of
others engaged or authorized by Client), including, without limitation,
custom scripting or coding (i.e. CGI, PHP,ASP, etc), any negligence,
willful misconduct, or use of the Service in breach of the Hosting
Agreement or Hosting Acceptable Usage Policy.
Faults arising from reasons beyond Nexigen's reasonable control and force
major events including but not limited to catastrophic incidents, acts of
any governmental body, war, insurrection, sabotage, fire, industrial disputes, acts or omission of any person for whom Nexigen
is not responsible or any causes whether similar or otherwise outside Nexigen's
control.
Downtime resulting from Scheduled Maintenance shall not constitute a
Service Outage or qualify for an SLA Credit. Scheduled Maintenance
is defined by all such maintenance services for which Nexigen gives
Client at lest five (5) days prior notice of such maintenance services
via the email address registered with Nexigen.
SLA Credit
SLA Credits are calculated in accordance with this SLA and are issued to
the Client by Nexigen in respect of products and services contracted
for, but not delivered by Nexigen due to a Service Unavailability.
SLA Credits do not constitute a refund in respect of any product or
service and may not be paid for or exchanged for monetary consideration
or value.
Reimbursement and Credit Request Procedures
To receive a reimbursement in
the form of credit, clients must make a request by sending an email message
to support@nexigenco.com. Each
request in connection with this SLA must include client's domain name(s)
or IP address(es) and
the dates and times and description of the unavailability of the service and
must be received by Nexigen within thirty (30) days. If the Service Unavailability
is confirmed by Nexigen, credits will be applied within thirty (30) days
after Nexigen's receipt of client's credit request. In the event that
Nexigen disputes the client's claim, the client shall not be entitled to the
reimbursement specified, until and unless the dispute has been resolved.
Notwithstanding anything to the contrary herein, the total amount credited
to client in a particular month under this SLA shall not exceed the total
hosting fee paid by client for such month for the affected service. Credits
are client's sole and exclusive remedy with respect to any failure or
deficiency in the service.
General Terms
The parties agree that only measurements carried out by
Nexigen shall be used for the calculation of unavailable time and Nexigen's
records shall be conclusive evidence thereof. The clients sole remedy in
relation to a breach of this SLA shall be limited to the service credits
provided accordingly in this SLA.
The stated 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.