Coverage and Terminology
This Service Level Agreement (SLA) applies to you (“customer”) if you currently hold an account with any of the Web Hosting services from XUGAR (the “Services”) and your account is current (i.e., not past due) with XUGAR.
As used herein, the term “Web Site Uptime” 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 XUGAR.
Xugar strives to achieve a 100% Web Site uptime for all customers.
Except under the conditions mentioned in the next section below, if the uptime of customer’s Web site is less than 100%, Xugar will issue a credit to customer according to the following table:
|Web Site Uptime||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||20%|
|90% to 94.9%||36 hrs to 72 hrs||35%|
|89.9% or below||more than 72 hrs||50%|
The credit will be calculated based on the monthly service charge for the affected Services.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Uptime caused by or associated with circumstances beyond Xugar’s reasonable control, including, without limitation needed for provision of this SLA:
Credit Request and Payment Procedures
Each request in connection with this SLA must include customer’s account name and the dates and times of the unavailability of customer’s Web site and must be received by Xugar within ten (10) business days after customer’s Web Site was not available. If the unavailability is confirmed by Xugar, credits will be applied within two billing cycles after Xugar’s receipt of customer’s credit request. Credits are not refundable and can be used only towards future billing charges.
Not with standing 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 Xugar and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Uptime of customer’s Web site.
Note: Credits are not refundable and can be used only towards future billing charges.
Late Payments, Support and Late Fee Surcharge
You acknowledge that if any payment for renewal of an agreement is not received in our bank by the due date we may limit or suspend the Services and / or cancel this agreement.
We may choose not to cancel the agreement if you make an additional payment to us to cover the disruption caused by your late payment. This payment is:
If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancellation you agree to pay us:
1300 565 610
1st January 2016