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Service Level Agreement:
Service Level Agreements (SLA)
Legal : Service Level Agreements (SLA)


AvailX provides Internet World Wide Web page hosting, Marketing, and Development. AvailX endeavors to have the content of your website available and to meet certain guarantees posted at www.Availx.com. This Service Level Agreement ("SLA") outlines those agreements and guarantees. AvailX retains sole discretionary power when determining if a guarantee has not been met. 100% Uptime Guarantee

1. Coverage

This 100% uptime guarantee applies to any AvailX client in good financial standing with AvailX at the time of a service outage.

2. Service Level Agreement & Specifications

AvailX endeavors to have the content of your website available for http access by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from AvailX to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via AvailX's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the AvailX NOC. AvailX's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the AvailX network.

3. Credits

  1. Shared Hosting - In the event that your website is not available for 100%, AvailX will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

    Monthly Uptime Credit
    95% to 99.9% 10%
    90% to 94.9% 20%
    89.9% or below 50%

  2. Managed Dedicated Servers and Colocation - For managed dedicated server and colocation customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.


    Minutes of continuous downtime Credit
    1-4 60 minute intervals 10%
    5+ 60 minute intervals 50%

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by logging on to Request Credit. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

4. Restrictions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of website Availability caused by or associated with:

  1. circumstances beyond AvailX's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, 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;
  2. failure of bandwidth providers to the AvailX Network, unless such failure is caused solely by AvailX;
  3. scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of AvailX;
  5. issues with FTP. POP, IMAP, or SMTP customer access;
  6. false SLA breaches reported as a result of outages or errors of any AvailX measurement system;
  7. 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 AvailX's Terms and Conditions and Acceptable Use Policy;
  8. e-mail or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. outages elsewhere on the Internet that hinder access to your account. AvailX is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. AvailX will guarantee only those areas considered under the control of AvailX: AvailX server links to the Internet, AvailX's routers, and AvailX's servers.

Latency Guarantee

AvailX's goal is to keep Average Round-Trip Latency on the AvailX Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the AvailX Network during such month, as measured by AvailX. If Average Round-Trip Latency on the AvailX Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), AvailX will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

Packet Loss Guarantee

AvailX's goal is to keep Average Packet Loss on the AvailX Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the AvailX Network during such month that are not successfully delivered, as measured by AvailX. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), AvailX will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the AvailX Network.
30 Minute Hardware Replacement Guarantee

AvailX guarantees the functioning of all rented/leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once AvailX identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 30 minutes of problem identification. In the event that it takes us more than 30 minutes to replace faulty hardware, AvailX will refund the customer 1 days fee per additional hour of down time (up to 100% of customer's monthly access fee). This guarantee excludes the time required to rebuild any RAID array.

Dedicated and Colocation Server Environmental/Critical Systems Guarantees

We guarantee that environmentals/critical systems, including power and HVAC (72 degrees +/-3) infrastructure including UPSs, PDUs and cabling will be available 100% of the time in a given month (excluding scheduled maintenance). Should downtime occur, AvailX will credit the customer's accounts as outlined below in the "credits" section. Critical systems should be considered to include functioning of all power and HVAC infrastructure including UPS equipment and cabling. Power supplies of individual servers are not included (they are part of our Server Hardware Guarantee). Critical systems downtime should be considered to exist when a customer's server is shut down due to power or heat problems and a ticket has been opened for the incident in the AvailX ticket tracking system. Critical System downtime is measured from the time the ticket is opened regarding server downtime to the time the problem is resolved and the server comes back on line.

Access Fee Definitions

For dedicated/colocation/managed hosting Customers, the Access Fee consists solely of the base monthly fee paid by Customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the Customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The Access Fee for purposes of the SLA credit excludes all other fees which might be charged to the Customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under AvailX's standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

The Access Fee for all other Customers is the base monthly access fee paid by Customer for use of the applicable AvailX service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

Copyright © 2009 AvailX.