Internet Access Service Level Agreement

Web Specialists, Inc. - Internet Access Service Level Agreement

Coverage

This Internet Access Up-Time Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of Web Specialists, Inc.'s Internet Access services. The term "Up-Time" means the percentage of a particular month (based on 24-hour days for the number of days in a given month) that the customer's Internet Access and email services are available for use as measured by Web Specialists, Inc. .

Service Level

Goal:
Web Specialists, Inc.'s goal is to achieve 100% Internet Access Up-Time for all customers, and will make every effort possible toward our goal of 100%.

Remedy:
Subject to Sections 3 and 4 below, if the Up-Time of customer's service is less than 100%, Web Specialists, Inc. 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:


Internet Access Up-Time CREDIT SCHEDULE
99.9 to 100%
98% to 99.8%
95% to 97.9%
90% to 94.9%
89.9% or below
Up-Time
Up-Time
Up-Time
Up-Time
Up-Time
=
=
=
=
=
0% Credit
10% Credit
25% Credit
50% Credit
100% Credit

Exceptions
Customer will not receive any credits under this SLA in connection with any failure or deficiency of Internet Access Up-Time caused by or associated with:

  • Any Circumstance outside Web Specialists, Inc.'s reasonable control, including, without limitation, any governmental body, war, insurrection, armed conflict, embargo, fire, flood, unavailability of or third party services, virus attacks or hackers, failure of customer supplied hardware, failure of any third party software.
  • Failure of access circuits to Web Specialists, Inc., unless such failure is caused solely by Web Specialists, Inc. .
  • Scheduled maintenance and emergency maintenance and upgrades.
  • DNS issues outside the direct control of Web Specialists, Inc. .
  • 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 Web Specialists, Inc.'s Terms Of Service.
  • e-mail or webmail delivery and transmission issues not related directly to Web Specialists, Inc.
  • DNS (Domain Name Server) Propagation.
  • Outages elsewhere on the Internet that hinder access to your account.

Credit Request and Payment Procedures
In order to receive a credit, customer must make a request therefor by sending an email message to sla@web-specialists.com. Each request in connection with this SLA must include customer's name, date and time of the outage, and must be received by Web Specialists, Inc. within ten (10) business days after customer's outage. If the outage is confirmed by Web Specialists, Inc., credits will be applied on the next billing cycle after Web Specialists, Inc.'s 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 Internet Access fee paid by customer for such month for the affected Services.