This Service Level
Agreement (SLA) applies to you
("customer") if you currently hold an
account with our online report hosing
services from Sedtec, LLC. (the
"Services") and your account is current
(i.e., not past due) with Sedtec, LLC.
As used herein, the term “Reports
Availability" means the percentage of a
particular month (based on 24-hour days
for the number of days in the subject
month) that the content of customer's Web
site is available for access by third
parties via HTTP and/or HTTPS, as measured
by Sedtec.
Service Level
Objective:
Sedtec aims to
achieve 100% Web Site Availability for all
customers.
Remedy:
Except under the
conditions mentioned in the next section
below, if the Web Site Availability of
customer's Web site is less than 100%,
Sedtec will issue a credit to customer
according to the following table:
|
Reports
Availability |
Total Downtime
in a 30 days calendar month |
Credit
Percentage |
|
99.9 to 100% |
0 to 43.2 minutes |
0% |
|
98% to 99.8% |
43.2 mins to
14 hrs 24 mins |
10% |
|
95% to 97.9% |
14 hrs 24 mins
to 36 hrs |
25% |
|
90% to 94.9% |
36 hrs to 72 hrs |
50% |
|
89.9% or below |
more than 72 hrs |
100% |
The credit will be
calculated based on the monthly service
charge for the affected Services.
Maintenance
Procedure
Sedtec will do its
best to announce any scheduled maintenance
at least 24 hours ahead of time to the
customer.
Sedtec reserves the
right to perform emergency maintenance
without any prior notification, should it
be deemed necessary to protect and
maintain the security and integrity of the
Service.
Conditions
Customer shall not
receive any credits under this SLA in
connection with any failure or deficiency
of reports availability caused by or
associated with:
circumstances beyond
Sedtec's reasonable control, including,
without limitation, acts of any
governmental body, war, insurrection,
sabotage, armed conflict, embargo, fire,
flood, strike or other labor disturbance,
interruption of or delay in
transportation, unavailability of or
interruption or delay in
telecommunications or third party
services, virus attacks or hackers,
failure of third party software
(including, without limitation, ecommerce
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; failure of access
circuits to the Sedtec’s Hosting Network
or it's upstream providers, unless such
failure is caused solely by Sedtec;
scheduled maintenance and emergency
maintenance and upgrades; DNS issues
outside the direct control of Sedtec;
issues with FTP, POP, IMAP, or SMTP
customer access; false SLA breaches
reported as a result of outages or errors
of any Sedtec's measurement system;
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, ASP, etc), any
negligence, willful misconduct, or use of
the Services in breach of Sedtec's Terms
of Service and Acceptable Use Policy;
e-mail or webmail delivery and
transmission; DNS (Domain Name Server)
Propagation, outages elsewhere on the
Internet that hinder access to your
account. Sedtec is not responsible for
browser or DNS caching that may make the
site appear inaccessible when others can
still access it. Sedtec will guarantee
only those areas considered under the
control of Sedtec: Sedtec server links to
the Internet, and Sedtec's servers. Sedtec
is not responsible for disk crashes.
Sedtec is not responsible for data lost
due to disk crashes. Although we make a
best effort to secure our systems and
network, Sedtec is not responsible for
theft of customer's Data. Sedtec is
committed to providing a reliable, high
quality hosting solution to support our
customers worldwide.
Credit Request and
Payment Procedures
In order to receive a
credit, customer must make a request
therefore by emailing to
support@sedtec.com. Each request in
connection with this SLA must include
customer's account name (per customer's
control panel login) and the dates and
times of the unavailability of customer's
Web site and must be received by Sedtec,
LLC. within 48 hours after customer's Web
reports was not available. If the
unavailability is confirmed by Sedtec,
credits will be applied within two billing
cycles after Sedtec’s receipt of
customer's credit request. Credits are not
refundable and can be used only towards
future billing charges.
Notwithstanding
anything to the contrary herein, the total
amount credited to customer in a
particular month under this SLA shall not
exceed the total hosting fee paid by
customer for such month for the affected
Services. Credits are exclusive of any
applicable taxes charged to customer or
collected by Sedtec and are customer's
sole and exclusive remedy with respect to
any failure or deficiency in the Web Site
Availability of customer's Web site.
Note: Credits are not
refundable and can be used only towards
future billing charges.
Acceptable Use
Policy
As a provider of
reports hosting, and other
Internet-related services, Sedtec offers
its customers (also known as subscribers),
and their customers and users, the means
to acquire and disseminate a wealth of
public, private, commercial, and
non-commercial information. Sedtec
respects that the Internet provides a
forum for free and open discussion and
dissemination of information, however,
when there are competing interests at
issue, Sedtec reserves the right to take
certain preventative or corrective
actions. In order to protect these
competing interests, Sedtec has developed
an Acceptable Use Policy ("AUP"), which
supplements and explains certain terms of
each customer's respective service
agreement and is intended as a guide to
the customer's rights and obligations when
utilizing Sedtec's services. This AUP will
be revised from time to time. A customer's
use of Sedtec's services after changes to
the AUP are posted on Sedtec's web site,
www.Sedtec.com, will constitute the
customer's acceptance of any new or
additional terms of the AUP that result
from those changes.
One important aspect
of the Internet is that no one party owns
or controls it. This fact accounts for
much of the Internet's openness and value,
but it also places a high premium on the
judgment and responsibility of those who
use the Internet, both in the information
they acquire and in the information they
disseminate to others. When subscribers
obtain information through the Internet,
they must keep in mind that Sedtec cannot
monitor, verify, warrant, or vouch for the
accuracy and quality of the information
that subscribers may acquire. For this
reason, the subscriber must exercise his
or her best judgment in relying on
information obtained from the Internet,
and also should be aware that some
material posted to the Internet is
sexually explicit or otherwise offensive.
Because Sedtec cannot
monitor or censor the Internet, and will
not attempt to do so, Sedtec cannot accept
any responsibility for injury to its
subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet
communications. When subscribers
disseminate information through the
Internet, they also must keep in mind that
Sedtec does not review, edit, censor, or
take responsibility for any information
its subscribers may create. When users
place information on the Internet, they
have the same liability as other authors
for copyright infringement, defamation,
and other harmful speech. Also, because
the information they create is carried
over Sedtec's network and may reach a
large number of people, including both
subscribers and non-subscribers of Sedtec,
subscribers' postings to the Internet may
affect other subscribers and may harm
Sedtec's goodwill, business reputation,
and operations.
For these reasons,
subscribers violate Sedtec policy and the
service agreement when they, their
customers, affiliates, or subsidiaries
engage in the following prohibited
activities: Transmission, distribution,
or storage of any information, data or
material in violation of United States or
state regulation or law, or by the common
law, is prohibited. This includes, but is
not limited to, material protected by
copyright, trademark, trade secret, or any
other statute. Sedtec reserves the right
to remove such illegal material from its
servers or to immediately terminate your
services without notice.