Smart Servers SLA

Smart Servers 100% Uptime Guarantee

With Smart Servers you have peace of mind knowing that the solutions you and your customers depend on are designed, built and maintained by an experienced team of network infrastructure experts and professional system engineers who will do their very best to ensure as close to 100% service uptime as practically possible.

Our long history of providing the finest in Internet technology, service and support has ensured that our clients have experienced very little in the way of service interruptions over the years however in the rare event that a service interruption should occur unlike other providers we stick to the terms of our SLA and will credit your account for the full amount due and not simply point you to the "fine print" in an attempt to avoid delivering credit when due.

Network Uptime - 100% Guaranteed

Smart Servers guarantees that our network will be available 100% of the time in a given month excluding scheduled or emergency maintenance. Network uptime includes functioning of all network related infrastructure including routers, switches and cabling. A network downtime event will be considered as having occurred when Smart Servers has been notified by the customer that their service is unavailable via the network and Smart Servers confirms that this is generally the case with respect to the wider Internet and is not due to an issue with the local access provider or other connecting service on the customer end. Services or software running on the customer server and installed or maintained by the customer or any other third party are not included in the definition of our network. Smart Servers can only be responsible for our network and not for general conditions on the wider Internet or delays caused by backbone failures, congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service and packet loss or similar conditions that occur outside our core routers and network. Such issues are beyond our control and are not covered by this guarantee.

Should an interruption of network services occur Smart Servers will endeavor to rectify the situation within less than 30 minutes. If service has not been restored to normal within 30 minutes Smart Servers will issue one day of credit for each additional 30 minutes of service interruption experienced as a result of the network issue..

Exceptions: The network uptime guarantee is limited to network unavailability on the network and associated hardware, routers switches etc, owned and operated by Smart Servers or one of our direct suppliers.

Server Hardware - 100% Guaranteed

Smart Servers guarantees the functioning of all server hardware and associated components and the replacement of any malfunctioning or failed component to achieve restoration of any affected services within a 60 minute time frame on a 24/7/365 basis. Server hardware includes the functioning of all hardware and associated equipment used in the provision of Virtual Private Server, Dedicated Smart Server and Virtual Data Center related services. Software, scripts or services running on the customer server and installed or maintained by the customer or any other third party are not included in the definition of server hardware.

Should an interruption of services occur due to a hardware related issue Smart Servers will endeavor to rectify the situation within less than 60 minutes. If affected services have not been restored to normal operation within this stated time frame Smart Servers will issue one day of credit for each additional 60 minutes of service interruption which is experienced as a result of the hardware issue.

Exceptions: The server hardware guarantee is limited to hardware and associated equipment owned and operated by Smart Servers or one of our direct suppliers.

Infrastructure - 100% Guaranteed

Smart Servers guarantees critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month excluding scheduled or emergency maintenance. Infrastructure downtime can be due to a particular unit or component of system critical equipment malfunctioning or shutting down due to power, heat, or humidity issues.

Should an interruption of services occur due to infrastructure related issue Smart Servers will endeavor to rectify the situation within less than one hour. If affected services have not been restored to normal within this stated time frame Smart Servers will issue one day of credit for each hour of service interruption experienced as a result of the Infrastructure issue.

Exceptions: The infrastructure guarantee is limited to systems owned and operated by Smart Servers or one of our direct suppliers.

Service Interruption Credits

To receive a Service Interruption Credit you must notify Smart Servers technical support within 7 days of an interruption. The notification should contain a description of the service interrupted, the applicable IP address or addresses involved, your Smart Servers account number and a detailed description of the service interruption including any applicable logs, ping and traceroute results. Smart Servers will determine at its sole discretion the validity of each claim. Upon determining the validity of the claim a Service Interruption Credit will be issued and the amount credited to the customer account within 30 days. The total amount credited any given month under this SLA shall not exceed the total fees paid by the customer in that month for the affected services.

Length of Interruption. The duration of a service interruption event will be measured from the time that Smart Servers technical support has been made aware of the event by the customer and has confirmed that a genuine service interruption exists to the time that Smart Servers in its sole discretion considers the issue as having been resolved and the interruption ended.

Exceptions

Service Interruption Credits may not be issued under the following circumstances:

  1. If the customer account is past due, suspended, or the account has been cancelled or if the customer is in violation of any of the Terms of Service.
  2. If the interruption has been due to an action or actions taken by the customer or by another party that the customer has authorized or allowed access to their service.
  3. If the interruption has been caused by malfunction or misconfiguration of an operating system, software, script or code which is maintained by the customer or any other third party and not Smart Servers.
  4. If the interruption experienced has been due to either scheduled maintenance or unannounced emergency network, hardware or infrastructure maintenance or upgrades. In the case of unannounced emergency maintenance or upgrades credit will apply if the duration of interruption exceeds more than one hour.
  5. If circumstances beyond Smart Servers's reasonable control should occur, 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, denial of service attacks, hackers, viruses, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts), or inability to obtain raw materials or supplies used in or equipment needed for provision of this SLA.

It will be at Smart Servers sole discretion to determine our obligations and remedies under this SLA.

Smart Servers 100% Satisfaction Guarantee

All of our services are covered by a 100% Satisfaction Guarantee. No matter what the type or level of service you sign up for the first 30 days is always free. After that, if you are not satisfied with your new service for any reason there is no obligation to continue and no payment is due or expected.

What these guarantees really mean

What the 100% Uptime Guarantee offered by Smart Servers and other providers who offer this level of guarantee really means is that because every minute your service is down it not only costs us in terms of the long standing reputation for providing highly reliable services that we have built up over the years but it also costs us money so we are highly motivated to do everything in our power to ensure that any service interruptions which might occur are kept to an absolute minimum with service restored completely back to normal as quickly as possible.

Changes and Amendments

This SLA is subject to changes or amendments from time to time at the sole discretion of Smart Servers. Appropriate public notice will be given concerning any such amendments.

Effective Date: May 15 2012

 

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