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Home Misc Service Level Agreement
Service Level Agreement (SLA) PDF Print E-mail

Service Level Agreement (SLA)

HostingDuniya is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the HostingDuniya network. The Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of HostingDuniya' web hosting, reseller, dedicated server, co-location and e-commerce customers.

Uptime Guarantee:
HostingDuniya strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by HostingDuniya monitoring systems or HostingDuniya authorized/contracted outside monitoring services. If HostingDuniya fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. HostingDuniya does not credit a full month's service for minor downtime. This would not be financially healthy for HostingDuniya, and in turn would only negatively affect the service level HostingDuniya provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, HostingDuniya may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the HostingDuniya network caused by or associated with:

1. Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
2. Telco Failure (ie...Verizon™ cutting a fiber line somewhere)
3. Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
4. Scheduled maintenance for hardware/software upgrades
5. Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). HostingDuniya utilizes only name brand hardware of the highest quality and performance.
6. Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
7. DNS issues not within the direct control of HostingDuniya
8. Network floods, hacks, attacks from outside parties or individuals
9. Failure or error of any HostingDuniya monitoring or measurement system
10. Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of HostingDuniya service(s) in breach of HostingDuniya Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
HostingDuniya' goal is to make the HostingDuniya network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a HostingDuniya service failure for more than 15 consecutive minutes, excluding service failures relating to HostingDuniya' scheduled maintenance and upgrades. The HostingDuniya network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. HostingDuniya' goal is to keep Average Round-Trip Latency on the HostingDuniya network to 85 milliseconds or less. HostingDuniya defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the HostingDuniya network and major US backbone peering points during such month, as measured by HostingDuniya. HostingDuniya' goal is to keep Average Packet Loss on the HostingDuniya network to 1% or less. HostingDuniya defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the HostingDuniya network during such month that are not successfully delivered, as measured by HostingDuniya.

Measurement:
HostingDuniya will periodically (on average every 5 minutes) monitor HostingDuniya network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the HostingDuniya network but not other networks to which Client may connect. HostingDuniya reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by HostingDuniya and made available to Client. Hardware Failure:
HostingDuniya stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. HostingDuniya utilizes only name brand hardware of the highest quality and performance. HostingDuniya will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. HostingDuniya will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. HostingDuniya will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Credits:
Credit requests must be made on the HostingDuniya web site, by sending a "Service Level Agreement (SLA) Request" to our accounts and billing department on http://support.hostinngdunia.com/ or sent via e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Each request in connection with network/server outages/downtime must be received by HostingDuniya within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by HostingDuniya within five days after the end of such month. The total amount credited to a Client for HostingDuniya not meeting SLA service levels will not exceed the service fees paid by Client HostingDuniya for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after HostingDuniya' receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by HostingDuniya. Upon Client’s request (in accordance with the procedure set forth below), HostingDuniya will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to HostingDuniya and confirmed by HostingDuniya' measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the HostingDuniya network for a calendar month exceeds 85 milliseconds, then upon Client's request, HostingDuniya will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, HostingDuniya will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.

General:
HostingDuniya reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, HostingDuniya makes no claims regarding the availability or performance of the HostingDuniya network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Billing Policy

This agreement is between HostingDuniya Technologies, and the individual or organization using HostingDuniya' products or services. The individual or organization is hereafter referred to as "Customer", "User", or "You".

This policy includes both orders submitted via our on-line order form or non-credit card payment orders, submitted offline.

Contact Details
Clients are expected to keep their contact details up to date at all times.

Billing Procedures
New accounts must pay for their term of service before service is activated on their account.

In order to insure uninterrupted service to your website, all plans will automatically renewed. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Check, bank drafts, money order or cash accounts must send payment to HostingDuniya 15 days before their recurring billing date. In the event that payment is not received, service will be suspended at any time between the recurring billing date and the due date.

Customers paying via checks will have their account due date adjusted. The due date will be 15 days before the recurring billing date. Once the account is overdue it may be suspended, even before the recurring billing date.

If you provide HostingDuniya your credit card information, you authorize HostingDuniya to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with HostingDuniya' Billing Policy.


Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify HostingDuniya that you would like to cancel your account.

Receipts
All new accounts are e-mailed a receipt immediately after the account is setup. If you wish to have a receipt mailed to you via postal mail, you will need to contact our billing department to request this. A $2.00 service fee will be assessed for postal mail receipts.

Account Cancellations
Hosting plans will automatically renew until a plan is cancelled. Cancellations requests MUST be sent at least 15 days before account renewal date. Any request for cancellations must be received via email ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), or certified mail.

Cancellations over the telephone and informal email cancellations are not accepted.

Cancellation requests must be received by HostingDuniya a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by HostingDuniya. HostingDuniya is unable to cancel your account effective for a future date. HostingDuniya will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact HostingDuniya as soon as possible.

HostingDuniya does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to HostingDuniya' services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. HostingDuniya reserves the right to cancel any account, at any time, without notice, for any reason HostingDuniya considers appropriate.


Fees
Returned Checks
HostingDuniya charges a $20.00 fee for returned checks. Customers that issue an check will be required to submit future payments with a certified check or money order.

Credit Card Charge backs
A $25.00 charge back fee will be assessed for each credit card charge back received by HostingDuniya.

Bank Wire Payments
HostingDuniya does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to HostingDuniya or the amount credited to your account will be less than your intended payment.

Late fee
A late fee of 2% of the total invoice amount per day will be be charged to an overdue invoice even if partial payment is made.

Reactivation
Customers that wish to reactivate a closed account will be assessed a $20.00 reactivation fee. A $50.00 fee will be assessed if HostingDuniya restores your data files to your reactivated account. Dedicated server suspended will be charged a $75 reactivation fee per server per incident.

Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a $10.00 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

Platform Change
Customers that elect to change plans to a different operating system platform will be charged a $10.00 platform change fee.

Account Splits and Mergers
HostingDuniya encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that HostingDuniya separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Refunds
As a client, you commit to the length of your service cycle. Because of your commitment, we offer a discount on the service. Because of this, no refunds are granted for pro-rated service on service cycles, regardless of length. As a client, you commit to your service cycle with payment up front. HostingDuniya commits to providing the offered services backed up by our service guarantees. While we do not offer refunds for pro-rated service beyond the first 30 days of use, you have no obligation to continue using our service even though you have already paid for the service.

No refunds of any sort are offered on Dedicated Servers, VPS servers, Collocation and any software/development services.

If you avail our 30 day money back guarantee all fee's except domain name charges and setup costs are refunded.

Refunds are ONLY offered via checks.

If you have any questions in this regard, contact our billing department here.



Last Updated ( Tuesday, 09 September 2008 00:22 )
 

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