Service Level
Agreement
By submitting the online order
form, or by using Asia Pacific IT’s service,
Customer hereby agrees to and shall comply with the
following Service Level Agreement (SLA).
Unless otherwise specified in this SLA , the usage
of us, we, our, and ours shall refer to Asia Pacific
IT, Ltd., a Hong Kong, S.A.R. of PROC corporation,
and all its parents, subsidiaries, successors, and
assigns. The usage of Customer, you, your, they, and
them shall refer to the Customer of Asia Pacific IT,
Ltd.
Moreover, in this SLA , Asia Pacific IT shall refer
to Asia Pacific IT, Ltd., a Hong Kong, S.A.R. of PROC
corporation, and all its parents, subsidiaries, successors,
and assigns; unless otherwise specified, Asia Pacific
IT” and Asia Pacific IT, Ltd. shall have the
same meaning and shall be interchangeable.
Please note: This Service Level Agreement
does NOT apply to customers who purchase Dedicated
Hosting from Asia Pacific IT.
1. Definitions.
1.1. “Network Uptime”
is the total time in a calendar month that the Asia
Pacific IT network is available through the Internet,
provided that Customer has established connectivity.
Asia Pacific IT takes responsibility for network availability
within its network and for network outages from its
bandwidth and connectivity provider, except when such
network outages are excluded by Section 3.6 of this
SLA ; however, Asia Pacific IT shall not be liable
for any upstream problems outside of its network.
Asia Pacific IT’s guarantee is that its network
will be available to Customer free of Network Outages,
that render 100% packet loss, 99.9% of each calendar
month
1.2. “Network Outages”
or “Unscheduled Downtime”
is any unplanned or unscheduled interruption in service
availability during which Customer is unable to access
the services as described in the section titled “Network
Uptime” above.
- A “Network Outage”
is defined as a period in which 100% packet loss
to Asia Pacific IT’s network is experienced,
which is determined to have been caused by a problem
in Asia Pacific IT’s Network as confirmed by
Asia Pacific IT. Downtime and outages are measured
as the total length of time of the unplanned interruption
in service availability in a calendar month.
- “Scheduled Downtime”
is any Asia Pacific IT scheduled interruption of Services,
for the purpose of network upgrades, or replacement
of any equipment in order to provide for you better
service. Scheduled downtime occurs during
notified downtime periods, with as much advance
warning as possible.
2. “ SLA Network Violation Credit”
occurs when Asia Pacific IT’s network uptime guarantee
is not met. As stated in paragraph 1.1 above, Asia Pacific
IT guarantees 99.9% uptime for shared, e-commerce, and
semi-dedicated. Please note again that this guarantee
does not apply to customers who have dedicated hosting
with Asia Pacific IT.
Network downtime is measured from the time the network
is 100% unreachable, until service is once again restored.
In order to request a credit, you must e-mail
us within seven (7) days after the last day of the
calendar month in which the downtime occurred. (For
example, if the downtime occurs during the month of
December, Asia Pacific IT must receive your e-mail between
January 1 and January 7. E-mail notifications that are
not sent within the first seven (7) days of the month
immediately following the downtime will not be eligible
for credits.
The amount of the credits are determined by the following
table, based on the amount of Network Uptime the Asia Pacific IT network has provided for the month in which a credit
is requested.
Network Uptime for the Month |
Percentage of Monthly Hosting Fee Credited Upon
Proper Request |
99.9 - 100% |
0% credit |
99.7 - 99.8% |
10% credit |
99.5 - 99.6% |
25% credit |
99.3 - 99.4% |
50% credit |
99.0 - 99.2% |
75% credit |
98.9% and below |
100% credit |
Asia Pacific IT will review claims of SLA violations during
normal business hours of the first through seventh day
of the month, and will apply any applicable credit to
Customer’s account within two billing cycles after
Asia Pacific IT receives Customer’s credit request.
3. Performance Credit Exclusions.
Notwithstanding any contrary provision in this SLA ,
Asia Pacific IT shall not be liable to reimburse in any
form for failure to meet any of the guaranteed service
level where such failure arises from any one or more
of the following:
3.1. Scheduled downtime, maintenance, or upgrades, including
without limitations the following:
- Maintenance by local public telecommunications
and telegraph service providers on access circuits
between Asia Pacific IT and the clients’ Web
sites;
- Software maintenance made globally on Asia Pacific IT’s network.
3.2. Emergency maintenance or upgrades, where such maintenance
or upgrades are required by the occurrence of any events
outside of Asia Pacific IT’s control;
3.3. Failure of access circuits to the Asia Pacific IT
Network, unless such failure is caused solely by Asia Pacific IT;
3.4. Erroneous SLA outages reported as a result of outages
or errors of any Asia Pacific IT measurement system;
3.5. Problems outside of Asia Pacific IT’s network
(upstream providers, or client’s inbound connection)
not effecting 100% loss to our network, and
interruptions or failures of individual service caused
by Customer, Customer’s agents or employees, Customer’s
clients, or other third parties, to Customer’s
service. These interruptions and failures include, but
are not limited to, the following:
- inaccurate configuration,
- third-party software,
- Customer’s abuse or over-utilization of
resources,
- acts or omissions of any person for whom Asia Pacific IT is not responsible, or
- any causes whether similar or otherwise outside
Asia Pacific IT’s control;
3.6. Circumstances beyond Asia Pacific IT’s reasonable
control and force major events including but not limited
to the following:
catastrophic incidents, vandalism, lightning, power
failure, fire, flood, earthquake, acts of nature, emergency,
acts of any governmental body, war, insurrection, sabotage,
armed conflict, terrorism, embargo, riots, curfew, strike
or other labor disturbance, industrial disputes, interruption
of or delay in transportation, unavailability of or
interruption or delay in telecommunications or third-party
services, virus attacks, worms, Trojans, spyware, adware
or other malware, failure of third-party software (including,
without limitation, e-commerce software, payment gateways,
chat, statistics, or free scripts) or inability to obtain
raw materials, supplies, or power used in or equipment
needed for provision of this SLA;
3.7. Services or communications protocols other than
hypertext transfer protocol (HTTP).
3.8. DNS (Domain Name System) issues outside the direct
control of Asia Pacific IT;
3.9. DNS propagation;
3.10. Customer’s acts or omissions (or acts or
omissions of others engaged or authorized by customer),
including, without limitation, custom scripting or coding,
e.g. CGI, PERL, HTML, PHP, etc., any negligence, willful
misconduct, or use of Asia Pacific IT’s service in
breach of Asia Pacific IT’s Terms of Service, Acceptable
Use Policy, or No-Spam Policy;
3.11. Faults caused by the client’s equipment,
applications, interconnected equipment, networks, systems
or gateways and / or the acts or omissions of the Customer,
third-party components whether within or outside Asia Pacific IT’s network or the acts or omissions of local
exchange carriers or failure of third party services;
3.12. Outages elsewhere on the Internet that hinder
access to your account or services. Asia Pacific IT is
not responsible for browser or DNS caching that may
make your Web site appear inaccessible when others can
still access it. Asia Pacific IT will guarantee only those
areas considered under the control of Asia Pacific IT;
or
3.13. Disconnection and / or reconnection of the services
due to non-payment of any charges payable to Asia Pacific IT or where the services are disconnected by reason
of it being used for any illegal, unlawful, or other
objectionable purpose described in the TOS, AUP, or
No-Spam Policy.
3.14. Customer moving from the server where downtime
occurred to another Asia Pacific IT server in the same
calendar month.
4. Nature of Credits; Sole Remedy.
4.1. Notwithstanding anything to the contrary in this
SLA , the total amount credited to the Customer in a
particular month under this SLA shall not exceed the
total hosting fee paid by the Customer for such month
for the affected service.
4.2. Credits are exclusive of any applicable taxes charged
to the Customer or collected by Asia Pacific IT and are
the Customer’s sole and exclusive remedy with
respect to any failure or deficiency in service or in
the availability of the Customer’s Web sites.
5. General Terms.
5.1. You and Asia Pacific IT agree that only measurements
carried out by Asia Pacific IT’s personnel shall
be used for the calculation of unavailable time and
Asia Pacific IT’s records shall be conclusive evidence
of that unavailable time. The client’s sole remedy
in relation to a breach of this SLA shall be limited
to the service credits provided accordingly in this
SLA .
- This SLA shall not apply during any trial or
free period of the services, and this SLA does not
come into effect until after the end of the first
month of the applicable services has been provided.
The SLA shall apply during the normal initial period
during which the Customer is available for Asia Pacific IT’s 30-day money-back guarantee, as provided
in the TOS, as amended from time to time; provided,
however, that Customer’s right to a 30-day
money-back guarantee shall expire, according to
its terms, if the Customer continues service beyond
the first thirty (30) days.
5.3. This SLA does not relieve the Customer from the
obligation to pay the Customer’s balance in full
when it is due. SLA credits are always applied within
two billing cycles after the month in which
the downtime eligible for SLA credit occurs.
5.4. This SLA is subject to Asia Pacific IT’s Terms
of Service (TOS), as it may be modified from time to
time. In the event of any conflict between any term
or condition of this SLA and the TOS, the TOS shall
govern and the conflicting portion shall be construed
in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties to
this SLA, and the remainder of the SLA’s provisions
shall remain in full force and effect.
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