This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any shared web hosting package, business hosting package or a VPS (Virtual Private Server) and your account is current and in good standing with Cobalt Web. The term "Server Availability" means the percentage of a particular month (based on 24 hour days for the number of days in the particular month) that the content of customer's web site or Operating System (OS) is available for access by third parties via HTTP, HTTPS, Remote Desktop, Terminal Services and SSH, as measured by Cobalt Web.
Cobalt Web’s target is to achieve 99.9% Server and Network availability for all customers.
Subject to below, if the Server Availability of customer's Server is less than 99.9%, Cobalt Web will issue credit to a customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
Server availability credit percentage:
- 99.9% to 100% - 0% credit
- 99.79% to 98.00% - 10% credit
- 97.99% to 97.00% - 25% credit
- Less than 96.99% - 50% credit
The customer shall not receive any credit under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with:
- Circumstances beyond Cobalt Web's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour 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;
- Failure of access circuits to Cobalt Web, unless such failure is caused solely by Cobalt Web;
- Scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Cobalt Web;
- Issues with FTP, POP, or SMTP customer access;
- False SLA breaches reported as a result of outages or errors of any Cobalt Web measurement system;
- 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, wilful misconduct, or use of the Services in breach of Cobalt Web's Terms and Conditions and Acceptable Use Policy;
- E-mail or webmail delivery and transmission;
- DNS(Domain Name Server) Propagation.
- Outages elsewhere on the Internet that hinder access to your account. Cobalt Web is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Cobalt Web will guarantee only those areas considered under the control of Cobalt Web: Cobalt Web’s server links to the Internet, Cobalt Web's routers, and Cobalt Web's servers.
Credit Request and Payment Procedures
In order to receive credit, the customer must make a request by submitting a ticket to our billing department via http://my.cobaltweb.co.uk. Each request in connection with this SLA must include the invoice number for the services, and the dates and times of the unavailability of customer's server and must be received by Cobalt Web within seven (7) business days after customer's server was not available. If the unavailability is confirmed by Cobalt Web, credits will be applied on the next billing cycle after Cobalt Web's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total server fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Cobalt Web and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Server Availability of customer's server.
Credits are not refundable and can be used only towards future billing charges.