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Service Level Agreement
- Parties: This service level agreement (“SLA”) is between I-MAP WEBSOLUTIONS (“PROVIDER”) and the party as specified in the on-line application (“CLIENT,” you” and “your”) and applies only to the Shared Hosting Services, as defined in the Shared Hosting Agreement.
- Service Uptime: I-MAP WEBSOLUTIONS provides you with a 99.9% Uptime Guarantee as defined below. If I-MAP WEBSOLUTIONS fails to meet the 99.9% Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.9% Uptime Guarantee was not met, and (b) more than 20% of I-MAP WEBSOLUTIONS customers are affected. Such credits may be deducted from amounts otherwise payable by you to I-MAP WEBSOLUTIONS hereunder. In the event there is a dispute regarding credits, I-MAP WEBSOLUTIONS reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 92.00%, you will have
the right to terminate your Services Agreement with I-MAP WEBSOLUTIONS, and you will receive a i) refund for any services that you have paid for and have not yet received; and ii) service credit in accordance with the Service Credit Table below.
- “99.9% Uptime Guarantee” means that I-MAP WEBSOLUTIONS guarantees that Down Time with respect to the Critical Services (as defined below) shall not exceed 0.1% of the time during a three (3) consecutive calendar months.
- “Critical Services” means the email services, web hosting services, DNS services, and the I-MAP WEBSOLUTIONS network to the extent that such services do not include Closed Source Applications, as defined in Section 5 below.
- “Down Time” means periods of time that the Critical Services are not functional and available to I-MAP WEBSOLUTIONS customers and does not include any period of time during which services are not functional or available as a result of:
- maintenance, scheduled or otherwise, performed by I-MAP WEBSOLUTIONS;
- third party intrusions, including without limitation denial of service or similar attacks;
- down time resulting from misuse of the Shared Hosting Services, by you or a user;
- errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or
- any event that is not within I-MAP WEBSOLUTIONS’s control.
SLA Credit table
Availability Percentage (during 3 calendar months) % of Monthly Fees Paid (during period that the 99.9% Uptime Guarantee was not met)
- 98.01% - 99.90% 10%
- 97.01% - 98.00% 20%
- 96.01% - 97.00% 30%
- 92.00% - 96.00% 40%
- < 92.00% 50%
- Webhosting: I-MAP WEBSOLUTIONS will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours following receipt of payment from you for services.
- Maintenance services: I-MAP WEBSOLUTIONS will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact I-MAP WEBSOLUTIONS’s customers based on minimal overall activity on the I-MAP WEBSOLUTIONS systems. Notwithstanding the foregoing, I-MAP WEBSOLUTIONS reserves the right, in its reasonable discretion, to perform any emergency work at any time.
- Closed source platform applications: ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant applications are hosted on a closed source platform (“Closed Source Applications”).
- Private label DNS: Private label DNS (domain name servers) require 3 DNS entries, the third of which is I-MAP WEBSOLUTIONS’s generic DNS.
- Access databases: Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high volumes of Internet traffic. I-MAP WEBSOLUTIONS does not guarantee the performance of web sites which make use of Microsoft Access databases.
- Easy mail / Mailing lists:
- EasyMail E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed this limit we may suspend or terminate your account and your email messages may be lost.
- EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail.
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