This Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any services from Sipexa (the “Services”) and your account is current (i.e., not past due) with Sipexa. As used herein, the term “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 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 Sipexa.
Sipexa’s goal is to achieve 100% Server and Network Availability for all customers.
Subject to below, if the Server Availability of customer’s Server is less than 100%, Sipexa will issue additional usage without fee to customer in accordance with the following schedule, with the additional usage without fee being calculated on the basis of the monthly service charge for the affected Services:
Server Availability Paid Usage Without Fee Percentage:
- From 100.00% to 99.90% = 0%
- From 99.89% to 98.00% = 10% of a month free usage : 3 days additional usage without fee
- From 97.99% to 96.00% = 25% of a month free usage : 7,5 days additional usage without fee
- Less than 95.99% = 50% of a month free usage : 15 days additional usage without fee
Customer shall not receive any additional usage without fee under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with:
- Circumstances beyond Sipexa’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 Sipexa, unless such failure is caused solely by Sipexa;
- Scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Sipexa;
- Issues with FTP, POP, or SMTP customer access;
- False SLA breaches reported as a result of outages or errors of any Sipexa 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 Sipexa’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. Sipexa is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Sipexa will guarantee only those areas considered under the control of Sipexa: Sipexa server links to the Internet, Sipexa’s routers, and Sipexa’s servers.
Paid Usage Without Fee Request and Procedures
In order to receive a free usage, customer must make a request therefore by submitting a ticket to our billing department via http://secure.sipexacloud.com. Each request in connection with this SLA must include customer’s account number (per Sipexa’s invoice) and the dates and times of the unavailability of customer’s server and must be received by Sipexa within seven (7) business days after customer’s server was not available. If the unavailability is confirmed by Sipexa, free usage will be applied on the next billing cycle after Sipexa’s receipt of customer’s request. Free usages can be used only towards future billing charges.