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Service Level Agreement (SLA)
LAST UPDATED:  12 March, 2012

 

This Service Level Agreement form part of an agreement (this/the "Agreement") between Linkuphost, ("LinkUpHost", “our”, “we”, “us”) and Customer (“user”,“your”, “you”). This Service Level Agreement governs provision of LinkUpHost ("LinkUpHost", “our”, “we”, “us”)  services (the "service") and is effective as of the moment Customer indicates agreement at the LinkUpHost website or as of the moment Customer uses any LinkUpHost website, any email  or element of the Service (whichever comes first).
In addition to this Service Level Agreement, this Agreement consists of the following, each of which is incorporated into this agreement by this reference: LinkUpHost 's terms of service, posted at http://www.linkuphost.com/tos.html (the "Terms of Service"); LinkUpHost 's acceptable use policy, posted at http://www.linkuphost.com/aup.html (the "AUP"); LinkUpHost 's privacy statement, posted at http://www.linkuphost.com/privacy.html (the "Privacy statement").


Data Center Network
We guaranty that our data center network will be available 99.9% of the time in any given billing period, excluding scheduled maintenance.
Data Center Infrastructure
We guaranty that the data center Heating, Ventilating and Air Conditioning (HVAC) system and power will be functioning 99.9% of the time in any given billing period, excluding scheduled maintenance. Infrastructure downtime exists when servers downtime occurs as a result of power or heat problems.
Server Hosts
We guaranty the functioning of all server hosts including compute, storage, and hypervisor. If a cloud server host fails, we guaranty that restoration or repair will be complete within twelve hours of problem identification. This guarantee covers the hardware and virtualisation hypervisor layers only and not the software (including but not limited to operating systems and applications) running within servers.

Hosts migration and scheduled maintenance
If a server migration or scheduled maintenance is required, we will notify you at least 24 hours in advance of beginning the migration or scheduled maintenance, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your cloud server data or service.


Credits
If we fail to meet a guaranty stated, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the LinkUpHost’s services adversely affected by the failure for the current billing period during which the failure occurred (to be applied at the end of the billing cycle to your billing account), as follows:
- Data Center Network: Five percent (5%) of the fees for each additional hour of data center network downtime, up to 100% of the fees on monthly tax basis. The additional hours are measured after initial 0.1% time on the current billing period basis and from the time at which you validly inform us at support@linkuphost.com;
- Data Center Infrastructure: Five percent (5%) of fees for each additional hour of infrastructure downtime, up to 100% of the fees on monthly tax basis. The additional hours are measured after initial 0.1% time on the current billing period basis and from the time at which you validly inform us at support@linkuphost.com;
- Server Hosts: Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees on monthly tax basis. The additional hours are measured after initial twelve hours and from the time at which you validly inform us at support@linkuphost.com;
- Hosts migration and scheduled maintenance :Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees on monthly tax basis. The additional hours are measured after initial 24 hours and from the time at which you validly inform us at support@linkuphost.com.


Definitions: for purposes of this Service Level Guaranty:
"server" means your unique virtual machine instance, colocated server or dedicated server;
" server fees" means the fees for your LinkUpHost services for the monthly billing period in which the failure occurred;
"server host" means the physical server which hosts your unique virtual machine instance;
"data center network" means the portion of The LinkUpHost network extending from the network egress point of your cloud server host to the outbound port of the data center border router;
"power" includes UPSs, PDUs and cabling, but does not include the power supplies in cloud server hosts;
"scheduled maintenance" means maintenance that is announced at least 24 hours in advance;


Limitations
You are not entitled to a credit if you are in breach of your services agreement with the LinkUpHost services (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with the LinkUpHost services or your misuse of the LinkUpHost services, servers and systems. You are not entitled to a credit if you are in breach of the Acceptable Use Policy (AUP). You are not entitled to refund of money. You are entitled to a credit in your billing LinkUpHost account.
The following items or situations are exempt from LinkUpHost’s guarantees:
- acts or omissions of you or your users;
- scheduled maintenance which we have announced at least 24 hours in advance;
- factors outside our control, including but not limited to any force majeure events,
- failures, acts or omissions of our upstream providers or failures of the internet;
- software running within your cloud servers;
- actions of third parties, including but not limited to security compromises, denial of service attacks and viruses provided LinkUpHost makes reasonable efforts to keep its software and systems up to date;
- violations of our Acceptable Use Policy (AUP);
- law enforcement activity.
To receive a credit, you must contact your LinkUpHost support team at support@linkuphost.com within five (5) days following the end of the downtime. You must show that your use of the LinkUpHost services was adversely affected in some way as a result of the downtime to be eligible for the credit.
This Service Level Guaranty is your sole and exclusive remedy for the LinkUpHost services unavailability.
Notwithstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the current billing period, including all guaranties, shall not exceed 100% of your fee on monthly basis. Credits that would be available but for this limitation will not be carried forward to future billing periods. This Service Level Guaranty is part of your Agreement with LinkUpHost, along with LinkUpHost Terms of Service and Acceptable Use Policy (AUP), and is subject to the terms and conditions stated in those documents.