Service Level Agreement

Service Level Agreement

100% Network Uptime SLA

Kakihosting guarantees that the Kakihosting network will be available 100% of the time, excluding Maintenance, as defined below. Customer is eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by Kakihosting’s technical support team. “Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by Kakihosting and/or any upstream partners of Kakihosting, excluding Maintenance, but including managed switches, routers, and cabling.

Server Hardware Replacement SLA

Kakihosting guarantees the functioning of all hardware, including servers, CPU’s, cabling and associated server hardware, firewalls, load balancers, and storage area networks, and will replace any failed component within one hour of diagnosis and identification of the failed hardware. “Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware. This guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to hardware during Maintenance.

Maintenance

“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Datacenter” means any partner datacenter hosting infrastructure for Kakihosting . “Scheduled Maintenance” means any maintenance in the datacenter of which Customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the datacenter that: (a) in Kakihosting’s sole discretion, is necessary to avoid an immediate threat to the datacenter or Customer’s server and (b) of which Customer is notified.

Remedies

In the event Kakihosting fails to meet the Replacement Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, Kakihosting will apply a credit (“Credit”) to Customer’s account in an amount equal to five percent (5%) of the Net MRC for the affected account for each hour of downtime or fraction thereof. “Net MRC” means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. The Credits described in this SLA will be Customer’s exclusive remedy and Kakihosting’s entire liability for any breach of any warranty of performance or service contained in this SLA. In order to claim Credits, Customer must open a Kakihosting support ticket.

All downtimes will be measured from the time the ticket is received and validated by Kakihosting to the time Kakihosting , in its sole discretion is able to resolve the issue. Customer may not receive more than one Credit per affected configuration per incident and in no event will Customer receive greater than one month’s Net MRC in Credit for any given month regardless of the number of incidents. Customer must be a Kakihosting customer in good standing to receive the Credit. No Credit will be applied to accounts that are past-due or for accounts that are canceled before the conditions for payment of the Credit are met. Upon cancellation of the Customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.

Exceptions

Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) application, software, or operating system failure, (iii) the result of network maintenance activity, (iv) Denial of Service attack, hacker activity, or other malicious event or code targeted against Kakihosting, partner of Kakihosting or a Kakihosting Customer, or (vi) failure of any Network or Internet Infrastructure not owned or managed by Kakihosting or the datacentre hosting the Customer data. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.

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