AbollyHost shall guarantee the availability will be 100% in any calendar month, subject to exclusions as defined below.
If AbollyHost fails to meet this guarantee a credit shall be available to the Client as defined below.
The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
– Outage periods due to any cause other than faults by AbollyHost, including faults or negligence of the Client or problems
associated with equipment connected on the Client’s side of AbollyHost delivery point,
– In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of
the AbollyHost Network, AbollyHost will proceed to disconnect the link, for benefit of the rest of users of the AbollyHost Network.
This disconnection won’t be cause of penalty under the SLA. AbollyHost will notify the Client as soon as possible about this issue
in order for the Client to repair the problems.
– Outage periods reported by the Client in which no fault is observed or confirmed by AbollyHost,
– Any fault period during which service is suspended under provision in this Agreement,
– The Client requesting AbollyHost to upgrade the capacity of the service, if this operation results in an outage.
– During Scheduled Maintenance affecting the Services as defined above.
– Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the
Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded
from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its
network to protect itself and its clients.
Neither Party will be obliged to carry out any obligation under this Agreement where
performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from AbollyHost applies in case of Force
Should the Client not have access to the Services as defined above, AbollyHost shall credit the client as follows:
(a) <100% and > 99.8% = 5% monthly credit
(b) 95% to 99.8% = 10% monthly credit
(c) 90% to 94.9% = 25% monthly credit
(d) 60% to 89.9% = 40% monthly credit
(e) < 60% = Pro-rata up to a maximum of 100% monthly credit
The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price
for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not
available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service
is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of
the dedicated server and backup service.) Any credit is subject to the Client notifying AbollyHost within 7 days in writing.
This Client agrees the service credits due under this SLA are its sole remedy against AbollyHost for any non-availability of the Services.