**THIS DOCUMENT PERTAINS ONLY TO DEDICATED SERVER OFFERINGS**
Applicability
This Web Site Availability Service Level Agreement applies to YOU if YOU have ordered *any* hosting plans ("Service") and YOU are in good financial standing with HyperOIS.
Service Guarantee
HyperOIS Service will be available to the Internet (see definitions below) 99.9995% of any given month.
Credits
Outage Credits:
Any period of inaccessibility due to power failure, internet network failure, or other failure lasting longer than 30 minutes will be credit as follows:
- 0-30 minutes: No Credit
- 30-60 minutes: 3% of monthly base fee, excluding any add-on services
- Each additional 60 minutes; 3% of monthly base fee, excluding any add-on services, not to exceed 50% of one month's base fee.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) business days after YOU experienced no service availability. YOU must request credit by sending an email message to billing@hyperois.com outlining your IP address, incident start, incident end and the support ticket ID you used when troubleshooting the issue. Credits will usually be applied within ninety (90) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy for any outage related to your service including those caused by gross negligence by HyperOIS or its staff.
Restrictions
Credits shall not be provided to YOU in the event that YOU have no service availability resulting from (i) scheduled maintenance, (ii) YOUR behavior or the performance or failure of YOUR equipment, facilities, software, scripts, code, or applications, or (iii) circumstances beyond HyperOIS's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of YOUR service.
Limitations
On-line problems occur continuously. There might come a time when you cannot access your service or any other service. This is not necessarily due to a failure of the HyperOIS Network or hardware. HyperOIS's monitoring agents are the sole determinate of the uptime of our service, and not any one client's experience. Managed customers can be affected by outages, being a managed customer does not constitute preferential treatment under this SLA.
Definitions
