Africa Web Solutions (Pty)Ltd Service Level Agreement for VPS Hosting and Support
1. Service Commitment
Africa Web Solutions (Pty)Ltd will use commercially reasonable efforts to make the VPS server available with a Monthly Up-time Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the "Service Commitment").
2. Definitions
The following capitalized terms shall be given the meaning set forth below:
"Monthly Up-time Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods of Downtime during the month. Percentage measurements exclude downtime resulting directly or indirectly from any Africa Web Solutions (Pty)Ltd SLA Exclusion (defined below).
"Downtime" means more than a five percent Error Rate, or complete lack of external connectivity to the service. Downtime is measured based on server side Error Rate.
"Error Rate" means the number of Valid Requests that result in a response with HTTP Status 500 and Code "Internal Error" divided by the total number of Valid Requests during that period. Repeated identical requests do not count towards the Error Rate unless they conform to the Back-off Requirements.
"Back-off Requirements" means, when an error occurs, the Application is responsible for waiting for a period of time before issuing another request. This means that after the first error, there is a minimum back-off interval of 1 second and for each consecutive error, the back-off interval increases exponentially up to 32 seconds.
A "Service Credit" is a rand credit, calculated as set forth below, that we may credit back to an eligible account.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for a Africa Web Solutions (Pty)Ltd service for the monthly billing cycle in which the Downtime occurred in accordance with the schedule below. Monthly Up-time Percentage Service Credit Percentage Less than 99.95% but equal to or greater than 99.0% 10% Less than 99.0% 30%
We will apply any Service Credits only against future Africa Web Solutions (Pty)Ltd payments otherwise due from you. At our discretion, we may issue the Service Credit to the payment option you used to pay for the billing cycle in which the Downtime occurred. Service Credits will not entitle you to any refund or other payment from Africa Web Solutions (Pty)Ltd . A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar (R50 ZAR). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Terms of Service, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide VPS Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
4. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by submitting a support request through https://www.domainstation.co.za. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
i. the issue category set to "Account Service";
ii. the issue component set to "Billing";
iii. the words "SLA Credit Request" as the issue summary;
iv. the dates and times of each Downtime incident that you are claiming;
v. the affected VPS service urls; and
vi. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Up-time Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
5. Africa Web Solutions (Pty)Ltd SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Africa Web Solutions (Pty)Ltd Services, or any other Africa Web Solutions (Pty)Ltd or VPS Services performance issues: (i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems beyond the demarcation point of Africa Web Solutions (Pty)Ltd Services; (ii) that result from any actions or inactions of you or any third party; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension and termination of your right to use VPS Services in connection with any breach by you of the Terms of Service or otherwise in accordance with the Terms of Service (collectively, the "Africa Web Solutions (Pty)Ltd SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.