Annexure 1

 

iWeb.biz – Service Level Agreement (SLA)

 

iWeb is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the iWeb.biz Services will be operational and available to you as a customer for guaranteed time in any calendar year.

 

In case of failure of iWeb to meet the guaranteed level of service, you will be eligible to receive the Service Credits described below under respective heads of hosting services.

 

You, as a Customer, agree that this SLA states Customer's sole and exclusive remedy for any failure by Dadem to meet the SLA.

 

Hosting & Email Services

 

COVERAGE

 

This Service Level Agreement (SLA) applies if you have subscribed to any of our email and hosting services ("Services") pursuant to an order request for such services placed under the Master’s Service Agreement; and your account is current (i.e. not past due and not suspended/terminated due to non-payment) with iWeb. In the event of conflict between the terms and conditions herein and the General Terms and Conditions, the former shall prevail.

 

As used herein, the term "Service Availability" refers to the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Customer's Services is available for access by third parties as measured by iWeb.

 

Service Level

iWeb aims to achieve 99.7% Service Availability of its Services for all customers.

 

Subject to Section 1 and 2 below, if the Service Availability is less than 99.7%, iWeb will issue a credit to the customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

 

Service Availability

Days of Service added to the End of Term

99.7% to 100%

0

99% to 99.7%

5

95% to 99%

10

95% below

15

 

1. Exception

 

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

 

  • Circumstances beyond iWeb' 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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);

  • Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against iWeb' network;

  • Scheduled maintenance and system upgrades, or emergency maintenance;

  • Any DNS or Domain Name Registry issues outside the direct control of iWeb' including DNS and Registry propagation issues and expiration;

  • 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. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer's account in breach of iWeb’ Terms and Conditions and Acceptable Use Policy;

  • Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;

  • Delays in e-mail delivery;

  • False SLA breaches reported as a result of outages or errors of any iWeb' measurement system;

  • Outages elsewhere on the Internet that hinder access to your account. iWeb is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.

 

2. Credit Request and Payment Procedure

 

In order to receive a credit, Customer must make a request for by sending an e-mail to sales@iWeb.biz. Each request in connection with this SLA must include the following customer information:

 

  1. My Account Username:

  2. Full Name:

  3. Sub Domain / Domain Name:

  4. Date and Time:

 

Credit request must be received by iWeb within 30 working days at the time of unavailability of the relevant Service. If the unavailability is confirmed by iWeb, credits will be applied within 30 days of iWeb' receipt of Customer’s credit request.

 

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total hosting fee paid by Customer for such month for the affected Service(s). Credits are exclusive of any applicable Service Tax applicable in India.

 

Note: Credits are not refundable and can be used only towards future billing charges.