SLA
Last updated: 2020-12-02 8:07
This SLA amends the Agreement between Conceptualized Design and Customer and addresses the uptime guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion; the current version may be found at https://conceptualizeddesign.com/legal/service-level-agreement/.
Service Availability
Conceptualized Design will make the Services available 99% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows:
| Service Availability = | (total minutes Services are available) x 100
(total minutes in the month) – (Excused Downtime) |
Excused Downtime
“Excused Downtime” means the length of time the Services are unavailable due to:
- Scheduled Maintenance;
- Emergency Maintenance;
- Beta Services;
- Force Majeure events; and
- the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Conceptualized Design’s recommendations or advertised limits.
“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.
| Data Center Location: | Maintenance Windows: |
|---|---|
| Americas | 10pm – 4am Central Standard Time |
| Europe | 10pm – 4am Central European Summer Time |
| Asia-Pacific | 10pm – 4am China Standard Time |
“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.
SLA Credits
You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Support within 30 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, may not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.
SLA Does Not Apply To Service Interruptions Caused By:
(1) Interruptions caused by client utilizing custom scripting, coding, or the installation of third-party applications; (2) Outages that do not affect the appearance of the clients website but merely affect access to your website such as FTP or website backend admin login; (3) Outages related to the reliability of certain programming environments; (4) Outages caused by supported technologies and the use of outdated WordPress Core, Theme, Plugins, and/or outdated and insecure web hosting coding, scripts, programs, operating systems, where a client refuses to pay for any plugin, theme, and/or website redesign updates that may be required to maintain the website being compatible with such systems, changes, and updates; (5) Outages caused by internet outages, power outages, or service disconnections; (6) Causes beyond our control or that are not reasonably foreseeable such as Denial-of-service (DoS) and Distributed Denial-of-Service (DDoS) attacks, Man-in-the-Middle (MitM) attack, Phishing and spear phishing attacks, Drive-by attack, Password attack, SQL injection attack, Cross-site scripting (XSS) attack, Eavesdropping attack, and/or any other unforeseeable attacks; (7) Causes beyond our control or not reasonable foreseeable such ass Web Hosting Providers performing emergency maintenance, patches, security updates or fixes on the servers; (8) Causes beyond our control or that are not reasonably foreseeable such as issues related to clients website being on a Shared Web Hosting Server with a Shared Web Hosting Plan, where performance, scalability, and availability are affected by other websites on the same shared server, such as but not limited to websites with excessively high CPU, RAM, Disk Space, or Bandwidth usage causing performance issues, blacklisting of server IP Addresses on a shared server, and/or any other causes beyond our control or that are not reasonably foreseeable such as another website on the shared server violating any web hosting policies, terms of use policies, the Service Level Agreement, and/or any other policies set for web hosting services that we provide such as but not limited to copyright infringement, pornography, etc., where it may cause server service shutdowns, downtimes, or pausing of service to specific web applications and entire servers as a client violates any of our policies. In such cases, it is recommended that the client should request a server change/upgrade to a Dedicated VPS web server in order to eliminate any shared web hosting plan issues.
Conditions Affecting Performance
Certain conditions beyond the control of Conceptualized Design may affect Conceptualized Design’s ability to perform obligations provided for under this Agreement. These conditions may include, but are not limited to, labor shortages, internet outages, power outages, change in supported technologies, Acts of God or circumstances or causes beyond the control of Conceptualized Design. Conceptualized Design shall not be liable for and you agree to hold Conceptualized Design harmless for any delays, cancellations, losses, or terminations that result in damages of any kind to you as the result of any such conditions or circumstances.
Targeted Response Times
Provider will make every reasonable effort to respond to notifications from the Customer rapidly within the time period to be measured by the first Support business hour occurring after Provider’s receipt of notification as outlined in the chart below.
| Priority | Description | Targeted Response Time |
|---|---|---|
| Critical |
Mission Critical, application unavailable, non-responsive or unusable. |
3 hours or less, during normal business hours. |
| Urgent |
Components or features unavailable, no work-around possible. |
8 hours during normal business hours. |
| Low | Components or features unavailable but work-around possible. Non-critical questions, inquiries and on-going projects. |
24 hour response during normal business hours. |
For the purposes of these targets, a “response” will mean an initial contact from the Provider representative to the Customer. As a prerequisite to Provider’s obligation to respond to the Customer, Customer must follow the policies and procedures of Provider’s Support when submitting notifications. All Support requests must be submitted via the assigned Teamwork Projects Management (PM) website Message Area on the Customer’s Project (https://clients.conceptualizeddesign.com/) Messages area in order to be tracked, monitored, evaluated based on the standards above, and then assigned to a team member.
Support Availability
Enhanced SLA
A service or feature which is described as being subject to our “Enhanced SLA” benefits as follows: the Service Availability target is 99%, and you will receive a credit of 3% of the applicable monthly Fees for each half hour of downtime in excess of those targets. Except for these changes, all other terms of the SLA apply as normal.
Changes
We reserve the right to amend this policy at any time without any prior notice to you.
Questions
If you have any questions about this EULA, please contact us at [email protected].