SERVICE LEVEL AGREEMENT
Hostbreak web technologies guarantees that in event of hardware failure, the faulty part will be replaced within two hours of identifying the issue. If the issue is not resolved within mentioned time, then Hostbreak will issue a credit. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, or rebuilding RAID arrays.
Network Uptime Service Level Agreement
Hostbreak provides 99.99% uptime. The guarantee includes network availability from all around the globe.
Network SLA Exclusions
There are some foreseeable events that does not occur . These situations include:
- Scheduled Network Maintenance – occasionally network maintenance will be required. Hostbreak will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
- Hardware Maintenance – on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Hostbreak will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
- Software Maintenance – an important part of managing a dedicated server is keeping the software up to date. If you choose to have Hostbreak manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
- Malicious Attacks – if a third party not associated with Hostbreak initiates a “Denial of Service” or other form of disabling attack against your Dedicated Server or major portions of our network, Hostbreak will do everything in its power to stop the attack, but cannot guarantee a resolution time.
- Legal Actions – In the case that a legal action is taken against a customer of Hostbreak and Hostbreak is required to act in accordance with the order, Hostbreak shall not be responsible for any SLA damages.
- cPanel Issues – if you choose to run cPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. Hostbreak will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time.
Hostbreak will periodically (on average every 15 minutes) monitor Hostbreak 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 Hostbreak’ network but not other networks to which Client may connect. Hostbreak reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
Network SLA Remedy
In the event that Hostbreak does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime reported by service monitoring logs. If Hostbreak is or is not directly responsible for causing the downtime, the customer will receive a credit for 5 times (500%) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.01% allowed), you will receive 5 hours of credit.
All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Hostbreak Terms of Service or if the account is in default of payment.
In order to execute any migration, the Customer shall contact HostBreak. Any migration shall be undergone with the prior agreement of HostBreak.
In House Migration
HostBreak shall be entitled at its entire discretion to migrate the Customer Application stored on the Dedicated Server on other resources of HostBreak’ facilities, for technical or commercial reason, including but not limited to the modification of the Dedicated Server Services selection initially made by the Customer. In instance of such migration, a temporary suspension of the Dedicated Server Services may be necessary. The Customer understands and accepts the possible consequences of such migration and expressly agrees that HostBreak shall not be held responsible for any consequences of these changes. It shall be the Customer’s duty to request from HostBreak any necessary information regarding any migration so that any necessary measure may be taken.
The Customer shall bear sole responsibility for the migration of the Applications from the Dedicated Server to another server that belongs to the Customer or any third party. The day before the termination date, the Customer shall undergo the migration of the Applications away from the Dedicated Server. Notwithstanding the aforementioned any migration shall only be authorized by HostBreak if the Customer have settled all HostBreak invoices, including all possible migration costs, in full. If the migration has not been operated before the end of the current Term, HostBreak shall keep the Customer’s Applications for a seventy-two (72) hours period. At the expiration of this period, HostBreak shall be entitled to delete all the Customer Applications that remain on the Dedicated Server.
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