1. Coverage and Definitions:
This Service Level Agreement (SLA) applies to you (“client”) if you have ordered any of the web hosting services from Sprugo (sprugo.com)(the “Services”) and your account is current (i.e., not past due) with Sprugo. As used herein, the term “Service Unavailability” means the total number of hours of a particular month (based on 24-hour days for the number of days in the subject month) that the content of client’s web site is unavailable for access by third parties via HTTP and HTTPS, and malfunction of emails and CPanel.
2. Service Level:
This agreement sets out the minimum level of service that clients of Sprugo can expect and levels of reimbursement for failure to meet such levels. Sprugo aims to easily surpass these minimum objectives.
Subject to Sections 3 and 4 below, Sprugo will reimburse in the form of credits to clients in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected services:
5% for every hour of downtime up to 100% of your monthly fee for each account affected.
3. Exceptions:
Sprugo 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:
a. Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third party components whether within or outside Sprugo Network or the acts or omissions of local exchange carriers or failure of third party services;
b. Disconnection and / or reconnection of the services due to non-payment of any charges payable to Sprugo or where the services are disconnected by reason of it being used for any illegal, unlawful or other objectionable purpose described in Terms of Use or Acceptable Usage Policy;
c. Scheduled or routine maintenance or reconfiguration of the Network or Sprugo’s equipment, including without limitations the following:
- Maintenance by local public telecommunications and telegraph service provider on access circuits between Sprugo and the clients’ web sites;
- Maintenance (hardware or software) made on a local Sprugo’s node or on Sprugo’s equipment on the clients’ premises / web site;
- Maintenance (software) made globally on Sprugo’s network.
d. Faults arising from reasons beyond Sprugo’s reasonable control and force major events including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts or omission of any person for whom Sprugo is not responsible or any causes whether similar or otherwise outside Sprugo’s control;
e. Scheduled maintenance and emergency maintenance and upgrades;
d. DNS (Domain Name Server) issues outside the direct control of Sprugo;
f. DNS Propagation;
g. Outages elsewhere on the Internet that hinder access to your account or services. Sprugo is not responsible for browser or DNS caching that may make your web site appear inaccessible when others can still access it. Sprugo will guarantee only those areas considered under the control of Sprugo;
h. Client’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, PHP, etc., any negligence, willful misconduct, or use of the Service in breach of Sprugo’s Terms of Use and Acceptable Usage Policy.
4. 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@sprugo.com. Each request in connection with this SLA must include client’s account number (per Sprugo’s order confirmation) and the dates and times and description of the unavailability of the service and must be received by Sprugo within thirty (30) days. If the unavailability is confirmed by Sprugo, credits will be applied within sixty (60) days after Sprugo’s receipt of client’s credit request. In the event that Sprugo 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.
5. General Terms:
The parties agree that only measurements carried out by Sprugo’s shall be used for the calculation of unavailable time and Sprugo’s records shall be conclusive evidence thereof. The client’s 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.
