Web Site Availability Service Level Agreement (SLA)

This service level is for our Virtual Shared Accounts and Bulk Reseller Accounts.

If the Web Site Availability of customer's Web site is less than 100%, SilverStar WebDesigns Inc. will issue a credit to customer in accordance with the following schedule. Credit will be calculated on the base monthly fee charged to a customer for the affected service.  However, the total credit amount available to customer in a particular month under this SLA shall be limited to 100% of the customer's base monthly fee.
 

1. Definitions
   
   For purposes of this Web Site Availability SLA, the following terms have the meanings set forth below:
   
   "Base Monthly Fee" means the base monthly fee paid by customer for the standard server package(s) being provided to it by SilverStar WebDesigns Inc., including the use of the server, the use of electricity to the extent provided to customer without additional charge, and up to the amount of data transferred allowed each month without additional charge. The Base Monthly Fee does not include any other fees which might be charged to customer, including, without limitation, set-up fees, charges relating to incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, hard drives beyond that which is available without additional charge under SilverStar WebDesigns Inc.'s standard rates or managed services to which customer subscribes in connection with its dedicated server(s).
   
   "Web Site 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 is available for access by third parties via HTTP and HTTPS, as measured by SilverStar WebDesigns Inc. only.
    
2. Exceptions
   
   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 SilverStar WebDesigns Inc.s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor 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, e-commerce 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;
   • Outages elsewhere on the Internet that prevent access to an account.   This SLA applies only to those areas under the direct control of SilverStar WebDesigns Inc., including links to the Internet and SilverStar WebDesigns Inc.'s routers.   
   • Degradation of service due to high packet loss or similar conditions, which may be indicative of the Internet as a whole;
   • Failure of access circuits to the SilverStar WebDesigns Inc. Network, unless such failure is caused solely by SilverStar WebDesigns Inc.;
   • Scheduled maintenance and emergency maintenance and upgrades;
   • DNS (Domain Name Server) issues outside the direct control of SilverStar WebDesigns Inc.;
   • Issues with FTP, POP, IMAP, or SMTP customer access;
   • False outages reported as a result of any SilverStar WebDesigns Inc. measurement system problems or errors.
   • 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, willful misconduct, or use of the Services in breach of SilverStar WebDesigns Inc.'s Terms and Conditions and Acceptable Use Policy;
      
3. Credit Request and Payment Procedures
    

   • In order to receive credit, you must submit a request within 7 business days of the occurrence through the Help Desk. The date and approximate time of the support failure and the affected server(s) must be included in the Help Desk ticket. If SilverStar WebDesigns Inc. confirms the unavailability, credits will be applied within two billing cycles after SilverStar WebDesigns Inc.'s receipt of customer's credit request. SilverStar WebDesigns Inc. will not process incomplete credit requests.