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Service Level Agreement (SLA)
This SLA encompasses all services Penguin Enterprises Corp (dba on this website as PenguinWebHosting.com), hereinafter PenguinWebHosting, provides to you, hereinafter "the customer", into 3 areas, 1.) to provide 99.9% server, network and power uptime, 2.) to provide rapid hardware replacement and 3.) to provide the service you signed up for, this also includes any issues not covered in #1 or #2. Certain exclusions apply to all 3 cases in which no credit (and or compensation) will be given, see exclusions table below. Percentages show are based on a 1 month period. Claims for an SLA credit must be made within 30 days of the outage/incident and must state the dates and times of the outage(s)/incident(s) within that 30 day period. Under no circumstances will PenguinWebHosting be liable for any claims greater than the lower of 1 month of service or the amount described in this SLA.
Goal 1: 99.9% server, network and power uptime (in the event of a hardware failure see Goal 2).
Remedy: In the event there is not 99.9% uptime in a given month, credit for that month's hosting fee will be applied per the below table, except in the case of the exclusions listed below. Credit limited to 1 month.
|84.8% or below||100%|
Goal 2: To provide rapid hardware replacement of company owned hardware in the event of a hardware failure
Remedy: If the replacement time of a hardware component exceeds two (2) hours after contact is made via the appropriate method (IE. by phone during hours, or via the emergency email after hours), credit for that month's hosting fee will be applied per the below table, except in the case of the exclusions listed below. (This is the amount of time to get the server back online and not the time to restore data, configurations, etc, in the event of data loss, a harddrive failure, or any case in which a new server was provided, or the OS reinstalled). Credit limited to 1 month.
|Replacement Time||Credit Percentage|
|over 16 hours||100%|
Goal 3: To provide the service you signed up for, this also includes any issues not covered in #1 or #2. This includes any issues where the service was not as described.
Remedy: In the event the stated service was not provided and not covered in Goal/Remedy 1 or 2, credit will be applied per the table below, based on the amount of time in which service was not available or not as described, except in the case of the exclusions listed below. Credit limited to 1 month.
|Time Goal 3 Not Met||Credit Percentage|
|84.8% or below||100%|
Exclusions No credit will be given, neither under this SLA nor otherwise, in the event of the following circumstances:
- Violations of our Terms of Service (TOS), which can be found here: https://www.penguinwebhosting.com/termsofuse.php
- Circumstances beyond our control, including and not limited to: War, sabotage, fire, flood, riots, labor disturbance, embargo, denial of service attacks, hackers, viruses, failure of third party software, inability to obtain materials, supplies or equipment.
- Scheduled maintenance or emergency maintenance.
- Insufficient information provided by the customer, including but not limited to, IP, root password.
- Inability to contact customer, including but not limited to an invalid phone number and/or email on file.
- DNS Issues.
- Issues with one or more Linux services on the server, including by not limited to: HTTP, HTTPS, mySQL, FTP, POP, IMAP, or SMTP.
- Errors on the customer's end, including but not limited to mistyped commands on the server, misconfiguration of the server.
- DNS propagation.
- Problems caused by outside vendors, service providers, or contractors.
- Problems elsewhere on the Internet that hinder our ability to render you service.
- Issues, either directly or indirectly, caused by the customer, including by not limited to TOS violations, failure to update 3rd party scripts, and/or unsecure scripts uploaded by the customer.
Should any part of this SLA be deemed unenforceable or invalid, the remainder of the SLA will remain in effect.
PenguinWebHosting reserves the right to add, delete, or modify any provision of its SLA once per year on January 1st, and/or at any time with notice via an email to the primary contact on file for your account. You agree to visit this page on January 1st of each year, and after receipt of a SLA change email, to view the changes. Should you wish to terminate your agreement due to the SLA change, contact us with in 15 days (by January 16th, or 15 days after receipt of a SLA change email) to close your account and receive a refund for the unused portion. The updated SLA supercedes any previous SLA and any other document or agreement.