1. Coverage Definitions:
This Service Level Agreement (SLA) applies to all customers who have ordered VPS Service from ForexVPS and your account is current (i.e., not past due). As used herein, the term "VPS 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 server is available for access by third parties via one of RDP/Terminal Services, ICMP, HTTP or HTTPS as measured by ForexVPS unless a local firewall on the customer VPS server prevents such monitoring.
2. Service Level:
The goal of ForexVPS is to achieve 100% Server/Network Availability for all customers.
Subject to Sections 3 and 4 below, if the VPS Server Availability of customer's VPS Server is less than 100%, ForexVPS 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 for the affected Services:
- VPS Server Availability and associated Credit Percentage:
99.9 to 100% = 0% credit
97% to 99.8% = 10% credit
94% to 96.9% = 25% credit
90% to 93.9% = 50% credit
89.9% or below = 100% credit
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of VPS Server Availability caused by or associated with:
a.) circumstances beyond reasonable control of ForexVPS, 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;
b.) failure of upstream access circuits to the ForexVPS Network, unless such failure is caused solely by ForexVPS;
c.) scheduled maintenance and emergency maintenance and upgrades;
d.) DNS issues outside the direct control of ForexVPS;
e.) issues with FTP, POP, IMAP, or SMTP customer access;
f.) false SLA breaches reported as a result of outages or errors of any ForexVPS measurement system;
g.) 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 the ForexVPS Terms and Conditions Poilcy;
h.) e-mail or webmail delivery and transmission;
i.) DNS (Domain Name Server) Propagation.
j.) outages elsewhere on the Internet that hinder access to your account. ForexVPS is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. ForexVPS will guarantee only those areas considered under the control of ForexVPS: ForexVPS server links to the Internet, ForexVPS's routers, and ForexVPS's servers.
4. Credit Request and Payment Procedures:
In order to receive a credit, the customer must make a request therefor by sending an email message to firstname.lastname@example.org. Each request in connection with this SLA must include customer's account number and the dates and times of the unavailability of customer's VPS Server and must be received by ForexVPS within ten (10) business days after customer's VPS Server was not available. If the unavailability is confirmed by ForexVPS, credits will be applied within two billing cycles after ForexVPS's receipt of customer's credit request.
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 are exclusive of any applicable taxes charged to customer or collected by ForexVPS and are customer's sole and exclusive remedy with respect to any failure or deficiency in the VPS Server Availability of customer's VPS Server.