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Guarantee of Hosting Services
Availability
Guarantee
BiCoastal's goal is to make the BiCoastal Network available to
Customer free of Network Outages for 99.99% of the time. A
"Network Outage" is an instance in which Customer is
unable to transmit and receive IP packets from and to the public
Internet for more than 15 consecutive minutes, excluding outages
relating to BiCoastal scheduled maintenance and upgrades, and
also excluding outages in which the inability to transmit and
receive IP packets is caused by the failure or non-performance
of hardware or software used by or on behalf of Customer
(whether owned by BiCoastal or Customer).
Upon Customer's request (in accordance with the procedure set
forth below), BiCoastal will issue a credit to Customer for
Network Outages occurring during any calendar month that are
reported by Customer to BiCoastal and confirmed by BiCoastal's
measurements of the BiCoastal Network. Such credit will be equal
to one day's worth of the base service fee paid by Customer for
such month, multiplied by each hour (or portion thereof rounded
to the next hour) of the cumulative duration of such Network
Outages.
Exceptions
Customer shall not receive any credits under this SLA in
connection with any failure or deficiency of the BiCoastal
Network caused by or associated with:
(a) failure of power, facilities, equipment, applications,
systems or connections not provided by BiCoastal;
(b) failure of access circuits to the BiCoastal Network, unless
such failure is caused solely by BiCoastal;
(c) General Telco failure;
(d) scheduled maintenance;
(e) DNS issues outside the direct control of BiCoastal;
(f) outage or error of any BiCoastal measurement system;
(g) Customer's acts or omissions, including without limitation,
any negligence, willful misconduct, or use of the BiCoastal
Network or BiCoastal services in breach of BiCoastal Terms and
Conditions and Acceptable Use Policy, by Customer or others
authorized by Customer;
(h) any reason beyond the control of BiCoastal, including,
without limitation, acts of G-d or any governmental body, war,
sabotage, fire, flood, earthquake or labor disturbance.
Measurement
BiCoastal will periodically (on average every 15 minutes)
measure the BiCoastal Network at the edge router using software
and hardware components capable of measuring application traffic
and responses at such measurement. Customer acknowledges that
such measurements constitute measurements of traffic on the
BiCoastal Network but not other networks to which Customer may
connect. BiCoastal reserves the right to periodically change the
measurement points and methodologies it uses without notice to
Customer. Measurements will be posted to a website designated by
BiCoastal and made available to Customer.
Credit Request and Payment Procedures
Requests for credits must be made on the website designated by
BiCoastal. Each request in connection with a Network Outage must
be received by BiCoastal within seven days of the Network
Outage.
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