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Final
Host Company Guarantee |
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WORLDWIDE
HOSTING GLOBAL WEBSITES |
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Site Availability Service Level Agreement for Hosting
Services
Please Call 1.250.598.0058 or e-mail sales@finalhost.com
for a free consultation and customized quote
  We
strive to have your website running at peak performance at all times. Our
Service Level Agreement puts in writing our commitment to deliver the highest
level of service. Our "Site Availability Service Level Agreement" is
our commitment to deliver the highest level of service excellence. Your
business depends on us and it's our business never to let you down!
Coverage; Definitions
This Web Site Availability Service Level Agreement applies to you
("customer") if you have ordered any hosting account service from
Final Host (the "Services") and your account is current (i.e., not
past due) with Final Host. As used herein, the term "Web Site
Availability" means the percentage of a particular month (based on
24-hour days for the number of days in the subject month) that the content of
customer's Web site is available for access by third parties via HTTP and
HTTPS, as measured by Final Host Monitoring Software collocated in various
hosts worldwide.
Exceptions
Customer shall not receive any credits under this agreement in connection with
any failure or deficiency of Web Site Availability caused by or associated
with:
- Circumstances beyond Final Host's reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, armed conflict, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third party services, virus
attacks or hackers, failure of third party software (including, without
limitation, ecommerce software, payment gateways, chat, statistics or free
scripts) or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of this agreement;
- Failure of access circuits to the Final Host Network, unless such
failure is caused solely by Final Host;
- Scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Final Host;
- Issues with FTP, POP, IMAP, or SMTP customer access;
- False SLA breaches reported as a result of outages or errors of any
Final Host measurement system;
- 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 Final Host's Terms and Conditions;
- E-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation outside the control of Final Host;
- Outages elsewhere on the Internet that hinder access to your account.
Final Host is not responsible for browser or DNS caching that may make your
site appear inaccessible when others can still access it. Final Host will
guarantee only those areas considered under the control of Final Host: Final
Host server links to the Internet, Final Host's routers, and Final Host's
servers.
Credit Request and Payment Procedures
In order to receive a credit, customer must make a request therefore by
sending an email message to admin@finalhost.com. Each request in connection
with this agreement must include customer's account number (per Final Host's
invoice) and the dates and times of the unavailability of customer's Web site
and must be received by Final Host within ten (10) business days after
customer's Web Site was not available. If the unavailability is confirmed by
Final Host, credits will be applied within two billing cycles after Final
Host'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 agreement shall not exceed the total
hosting fee paid by customer for such month for the affected Services. Credits
are exclusive of any applicable taxes charged to customer or collected by
Final Host and are customer's sole and exclusive remedy with respect to any
failure or deficiency in the Web Site Availability of customer's Web site.
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