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Hosting Service Level Agreement (SLA)
Coverage and Definitions
This Service Level Agreement (SLA) applies to you (“customer”) if you have a hosting service with 9HEAVEN (the “Service”) and your account is current (not past due). As used herein, the term “Availability” means the percentage of the last 60 days that the customer’s hosting is available for access by third parties, as measured by 9HEAVEN.
Service Level
Subject to sections below, if the Availability of the customer’s Service is less than 99.9%, 9HEAVEN will credit the customer 5% of the monthly subscription for every 30 minutes of downtime in excess of 0.1% (up to 100% of the customer’s monthly subscription).
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
- Scheduled maintenance;
- Emergency maintenance, hardware, and software failure remedied in under one hour;
- Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
- Downtime caused by you, your own configuration, or third-party applications you use;
- Downtime is caused when you reach the maximum resources allocation for your plan;
- Downtime caused by your violation of Terms of Use or any other policy announced on our website;
- Downtime during upgrade/downgrade of your hosting resources;
- Force majeure or any event beyond our control.
Credit Request and Payment Procedures
To receive a credit, the customer must make a request by contacting us. Each request in connection with this SLA must include the dates and times of the unavailability of the customer’s services and must be received by 9HEAVEN within fifteen business days after the customer’s service was not available. If the unavailability is confirmed by 9HEAVEN, credits will be applied for the next billing cycle. Credits are not refundable and can be used only towards future billing charges.