Maxcomsoft is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Maxcomsoft network. The Maxcomsoft Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Maxcomsoft web hosting, reseller, dedicated server, co-location, e-commerce, and dial-up/dedicated access services.

Uptime Guarantee

Maxcomsoft strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Maxcomsoft monitoring systems or Maxcomsoft authorized/contracted outside monitoring services. If Maxcomsoft fails to meet it’s 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Maxcomsoft will credit a full month’s service. Details on how credit amounts are calculated can be found below.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Maxcomsoft network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

Telco Failure (ie…Verizon™ cutting a fiber line somewhere)

Backbone peering point issues (ie…UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)

Scheduled maintenance for hardware/software upgrades

DNS issues not within the direct control of Maxcomsoft

Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Maxcomsoft service(s) in breach of Maxcomsoft Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity

Maxcomsoft goal is to make the Maxcomsoft network available to Client free of outages for 99.9% of the time. An “outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Maxcomsoft service failure for more than 15 consecutive minutes, excluding service failures relating to Maxcomsoft scheduled maintenance and upgrades. The Maxcomsoft network does not include client premises equipment or any Telco access facilities connecting Client’s premises to such infrastructure. Maxcomsoft goal is to keep Average Round-Trip Latency on the Maxcomsoft network to 85 milliseconds or less. Maxcomsoft defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Maxcomsoft network and major US backbone peering points during such month, as measured by Maxcomsoft. Maxcomsoft goal is to keep Average Packet Loss on the Maxcomsoft network to 1% or less. Maxcomsoft defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Maxcomsoft network during such month that are not successfully delivered, as measured by Maxcomsoft.

Measurement

Maxcomsoft will periodically (on average every 10 minutes) monitor Maxcomsoft 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 Maxcomsoft network but not other networks to which Client may connect. Maxcomsoft reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Maxcomsoft and made available to Client.

Hardware Failure

Maxcomsoft stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Maxcomsoft utilizes only name brand hardware of the highest quality and perfomance. Maxcomsoft will replace all faulty hardware affecting performance levels of equipment within 12 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Maxcomsoft contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Maxcomsoft will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits

Credit requests must be made on the Maxcomsoft web site, by emailing to billing@hostforweb.com. Each request in connection with network/server outages/downtime must be received by Maxcomsoft within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Maxcomsoft within five days after the end of such month. The total amount credited to a Client for Maxcomsoft not meeting SLA service levels will not exceed the service fees paid by Client Maxcomsoft for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Maxcomsoft receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Maxcomsoft. Upon Client’s request (in accordance with the procedure set forth below), Maxcomsoft will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Maxcomsoft and confirmed by Maxcomsoft measurement reporting. Such credit will be equal to one MONTH’s worth of service. If Average Round-Trip Latency on the Maxcomsoft network for a calendar month exceeds 85 milliseconds, then upon Client’s request, Maxcomsoft will issue a credit to Client equal to one MONTH’s worth of service. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Maxcomsoft will issue a credit to Client equal to one MONTH’s worth of service.

Account cancellations

Your account can be cancelled ONLY by submitting secure service cancellation form. Other methods of cancellation are not valid. Once the form submitted account will be cancelled within 60 minutes.

General

Maxcomsoft reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Maxcomsoft makes no claims regarding the availability or performance of the Maxcomsoft network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

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