Service Level Agreement (“SLA”)
Customer agrees to the following SLA:
The SLA is applicable to all services delivered directly to Customers of Ozzu, a property of Unmelted, LLC. The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with Unmelted, LLC. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. To ensure that Ozzu is providing optimal services to its Customers, Ozzu is required to perform scheduled maintenance, from time to time, on the network, customer portal, and hardware. Any downtime resulting from any such scheduled maintenance does not qualify for SLA credit(s). All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
Uptime refers to the amount of time the Services are available, as measured solely and only by Ozzu's internal monitoring systems. Downtime refers to the amount of time the Services are unavailable, as measured solely and only by Ozzu's internal monitoring systems. Ozzu guarantees that it's Networking and Connectivity services will be available 99.9% of the time. In the event such level of service is not provided, Ozzu will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to Ozzu for the hosting services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime. Please refer to the chart below:
- 99.9% to 100% will result in a credit of: 0%
- 99.1% to 99.8% will result in a credit of: 5%
- 98% to 99% will result in a credit of: 10%
- 95% to 97.9% will result in a credit of: 25%
- 90% to 94.9% will result in a credit of: 50%
- 89% or below will result in a credit of: 100%
If you are a customer and feel we have had less than 99.9% uptime and you would like to receive credit, please make a request by contacting us. Each request in connection with this Agreement must include the dates and times of the Downtime, and the name and IP address of the server or servers which experienced the Downtime. The request must be received by Ozzu within seven (7) business days after the incident of Downtime. If the unavailility is confirmed by Ozzu, credit will be applied to your Ozzu account within (30) days of receipt of your credit request.
The total amount credited to you in a particular month under this Agreement shall not exceed the total amount of fees by You for such month for affected Services. Credits are exclusive of any applicable taxes charged to You or collected by Ozzu and are Your sole and exclusive remedy with respect to Downtime.
The provisions of the Agreement pertaining to Force Majerue are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Ozzu to provide credit to You:
- scheduled maintenance
- emergency maintenance
- system upgrades
- domain name system (DNS) problems outside of Ozzu's control
- issues with FTP, POP, IMAP, or SMTP customer access
- Acts or omissions by You or any of Your employees or agents, resulting in downtime
- Any negligence, willful misconduct, or use of the services in breach of Ozzu's Acceptable Use Policy
- Problems with users' web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access Ozzu' servers.
Hardware Replacement Guarantee
Ozzu strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. Ozzu maintains a stock of all essential hardware necessary to provide the Services. Ozzu shall replace any and all substantially malfunctioning hardware within 8 hours of Ozzu becoming aware of such substantial malfunction.
The amount of time for replacement of hardware shall be measured from the moment that Ozzu determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
In the event that Ozzu fails to meet this hardware replacement guarantee, Ozzu will issue, to You, account credits in the amount of 10% of the base monthly server rent for each hour after the eight hour of the monthly service fee for the server in question to a maximum of 50% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)
To receive a credit, You must make a request by contacting us. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the server or servers which experienced delayed replacement. The request must be received by Ozzu within ten (7) business days after the incident. Upon confirmation by Ozzu, credit will be applied to Your Ozzu account within thirty (30) days of receipt of Your credit request.