1. Introduction
This Service Level Agreement ("SLA") outlines the service availability and associated credits for RELYWEB TECHNOLOGIES PRIVATE LIMITED ("we," "us," or "our") concerning the hosting services provided by us. This SLA does not cover third-party services or domain name registrations. The purpose of this SLA is to document the level of service availability that we aim to provide. While this document does not constitute additional liability, it represents a commitment to you, our client ("you"). If the service availability specified below is not met, you may be eligible for service credits as described in this SLA.
2. Service Availability Commitment
We guarantee that our hosting services will be available at least 99.9% of the time during any given calendar month, excluding the exceptions listed in Section 3. If we fail to meet this commitment, you will be eligible for service credits as outlined in Section 5.
3. Exclusions from Availability Calculation
The calculation of service availability will not include downtime caused by:
- Circumstances Beyond Our Control: Events such as natural disasters, acts of government, acts of terror or civil unrest, or failures of the internet infrastructure that are beyond our reasonable control.
- Your Actions or Omissions: Downtime resulting from your actions or those of your employees, agents, or contractors, including but not limited to improper configuration, misuse of services, or violations of our policies.
- Third-Party Services: Issues arising from third-party services, software, or technology that are not within our direct control.
- Scheduled Maintenance: Periods of scheduled maintenance or emergency maintenance. We will provide prior notice of scheduled maintenance whenever possible.
- Suspension for Policy Violations: Suspension or termination of services due to your breach of our Terms of Service, Acceptable Use Policy, or any other agreement with us.
- Force Majeure Events: Any other events beyond our reasonable control that prevent us from providing the services.
4. Scheduled Maintenance
We may perform scheduled maintenance to update our network, software, or hardware infrastructure. We will make reasonable efforts to notify you at least 48 hours in advance via email or through your account portal. Scheduled maintenance periods will not be counted as downtime for the purposes of service availability calculations.
5. Service Credits
If we fail to meet the 99.9% service availability commitment, you will be eligible for a service credit based on the amount of unavailable time during a calendar month, as follows:
| Availability (%) | Credit (% of Monthly Fee) |
|---|---|
| 99.0% to 99.9% | 5% |
| 95% to 98.9% | 10% |
| 90% to 94.9% | 25% |
| 60% to 89.9% | 40% |
| Below 60% | 100% |
Service Credit Cap: The total amount of service credits issued in any given month shall not exceed 100% of the monthly fee for the affected service.
6. Claiming Service Credits
To receive a service credit, you must submit a written request to our billing department within five (5) days following the end of the month in which the service availability was not met. The request must include:
- Your account information and contact details.
- Dates and times of the unavailability.
- Any relevant logs or evidence supporting the claim.
Failure to submit the request within this time frame will result in a waiver of your right to receive a service credit.
Important Notes:
- Service credits will be applied to your account and may be used only against future payments for the affected service.
- Service credits are not refundable and have no cash value.
- Service credits under this SLA are your sole and exclusive remedy for any unavailability of the hosting services.
7. Limitation of Liability and Exclusive Remedy
The service credits described in this SLA are your sole and exclusive remedy for any failure to meet the service availability commitment. We shall not be liable for any additional claims or compensation related to downtime, including but not limited to:
- Indirect, incidental, or consequential damages.
- Loss of profits, revenue, or data.
- Any damages exceeding the amount you paid for the services during the affected period.
8. Right to Modify the SLA
We reserve the right to amend or modify this SLA at any time. Any changes will be communicated to you via email or through your account portal at least thirty (30) days before they become effective. Your continued use of our services after the effective date of the modifications constitutes your acceptance of the revised SLA.
9. Termination of Service
We reserve the right to suspend or terminate your services in accordance with our Terms of Service and Acceptable Use Policy, including for:
- Repeated violations of this SLA.
- Actions that place undue strain on our infrastructure.
- Non-payment or late payment of fees.
Clients whose services consistently result in high resource usage affecting other users may be required to upgrade to a higher-tiered service plan or may have their services terminated at our discretion.
10. General Terms
- Governing Law: This SLA is governed by the laws of India, without regard to its conflict of law principles.
- Entire Agreement: This SLA, along with our Terms of Service and other applicable policies, constitutes the entire agreement between you and us regarding the subject matter and supersedes any prior agreements or understandings.
- Severability: If any provision of this SLA is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision of this SLA will not be considered a waiver of those rights.
11. Contact Information
For any questions or concerns regarding this Service Level Agreement, please contact our support team:
RELYWEB TECHNOLOGIES PRIVATE LIMITED
501, 5th Floor, Shapath 1
S.G. Highway, Bodakdev
Ahmedabad - 380054
Gujarat, India
Email: [email protected]
