Service Level Agreement (SLA)

This Service Level Agreement (SLA) applies to you (“client”) if you have ordered any web hosting services from GlobusDomains (the “Services”) and your account is current (i.e. not past due) with GlobusDomains. GlobusDomains is a wholly owned subsidiary of E3internet

As used herein, the term “Service Unavailability” means the total number of hours of a particular month (based on 24-hour days for the number of days in the subject month) that the content of client’s web site is unavailable for access by third parties via HTTP and HTTP’S, and malfunction of emails and Control Panel.

Service Level

This agreement sets out the minimum level of service that clients of GlobusDomains can expect and levels of reimbursement for failure to meet such levels. GlobusDomains aims to easily surpass these minimum objectives.

Subject to sections below, GlobusDomains will reimburse in the form of credits to clients in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected services:

Exceptions

GlobusDomains shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:

• Faults caused by the client’s equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third party components whether within or outside GlobusDomains Network or the acts or omissions of local exchange carriers or failure of third party services;
• Disconnection and / or reconnection of the services due to non-payment of any charges payable to GlobusDomains or where the services are disconnected by reason of it being used for any illegal, unlawful or other objectionable purpose described in Terms of Service or Acceptable Use Policy;
• Scheduled or routine maintenance or reconfiguration of the Network or GlobusDomains’s equipment, including without limitations the following:
• Maintenance by local public telecommunications and telegraph service provider on access circuits between GlobusDomains and the clients’ web sites;
• Faults arising from reasons beyond GlobusDomains’s reasonable control and force major events including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts or omission of any person for whom GlobusDomains is not responsible or any causes whether similar or otherwise outside GlobusDomains’s control;
• Scheduled maintenance and emergency maintenance and upgrades;
• DNS (Domain Name Server) issues outside the direct control of GlobusDomains;
• DNS Propagation
• Outages elsewhere on the Internet that hinder access to your account or services. GlobusDomains is not responsible for browser or DNS caching that may make your web site appear inaccessible when others can still access it. GlobusDomains will guarantee only those areas considered under the control of GlobusDomains;
• Client’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, PHP, etc., any negligence, willful misconduct, or use of the Service in breach of GlobusDomains’s Terms of Use and Acceptable Use Policy.

Reimbursement and Credit Request Procedures

To receive a reimbursement in the form of credit, clients must make a request by sending an email message to support@GlobusDomains.com .Each request in connection with this SLA must include client’s account number (per GlobusDomains client hosting record) and the dates and times and description of the unavailability of the service and must be received by GlobusDomains within thirty (30) days. If the unavailability is confirmed by GlobusDomains, credits will be applied within sixty (60) days after GlobusDomains’s receipt of client’s credit request. In the event that GlobusDomains disputes the client’s claim, the client shall not be entitled to the reimbursement specified, until and unless the dispute has been resolved.

Notwithstanding anything to the contrary herein, the total amount credited to client in a particular month under this SLA shall not exceed the total hosting fee paid by client for such month for the affected service. Credits are client’s sole and exclusive remedy with respect to any failure or deficiency in the service.

General Terms

The parties agree that only measurements carried out by GlobusDomains’s shall be used for the calculation of unavailable time and GlobusDomains’s records shall be conclusive evidence thereof. The client’s sole remedy in relation to a breach of this SLA shall be limited to the service credits provided accordingly in this SLA.

The stated SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided.