This Web Site Uptime Service Level Agreement (SLA) applies to you (“customer”) if you have ordered hosting account services from On The Brink Designs (the “Services”) and your account is current (i.e., not past due) with On The Brink Designs: Green Hosting Plans, Business / E-Commerce Plans. The term “Web Site Uptime” 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 is available for access by third parties via HTTP and HTTPS, as measured by On The Brink Designs systems/services.
Goal: On The Brink Design’s goal is to achieve 100% Web Site Availability and Uptime for all our customers.
If the Web Site Uptime of customer’s Web site is less than 100%, On The Brink Designs 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:
|WEB SITE UPTIME
||WEB SITE DOWNTIME
|99.9% to 100%
||less than 43 min
|98% to 99.8%
||00:43 – 14:24
|95% to 97.9%
||14:25 – 36:00
|90% to 94.9%
||36:01 – 72:00
|89.9% or below
||greater than 72 hrs
* Assumed a 30 day month
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
- Circumstances beyond On The Brink Designs’ control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement
- Failure of access circuits to the On The Brink Designs Network, unless the failure is caused solely by On The Brink Designs
- Emergency maintenance, scheduled maintenance, and system upgrades
- Domain name system (DNS) problems outside of the control of On The Brink Designs
- Issues with FTP, POP, IMAP, or SMTP customer access
- Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc…), any negligence, willful misconduct, or use of the Services in breach of On The Brink Designs’ Acceptable Use Policy;
- Problems elsewhere on the internet that prohibit you from viewing your account. On The Brink Designs is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas On The Brink Designs controls such as our servers, routers, and switches.