This Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any services from Infinitely Virtual (the “Services”) and your account is current (i.e., not past due) with Infinitely Virtual: Virtual Server Hosting Plans (Bronze, Silver, Gold, Platinum, Platinum+), or Virtual Applications Hosting Plans ( Privately Hosted Exchange, Load-Balanced Web Servers, Ideal.DEV, Ideal.ASP, Virtual Office Network). As used herein, the term “Service Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the virtual servers are available for access via Virtual Infrastructure Client, as measured by Infinitely Virtual.
Infinitely Virtual’s goal is to achieve 100% Service Availability for all customers.
Subject to Sections 3 and 4 below, if the Service Availability of customer’s Virtual Servers is less than 100%, Infinitely Virtual will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
|Services Availability||Credit Percentage|
|99.9 to 99.999%||1%|
|98 to 99.89%||5%|
|95 to 97.99%||10%|
|90 to 94.99%||25%|
|80 to 89.99%||50%|
|79.99% or below||100%|
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: circumstances beyond Infinitely Virtual’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 Infinitely Virtual Network, unless such failure is caused solely by Infinitely Virtual; scheduled maintenance and emergency maintenance and upgrades; DNS issues outside the direct control of Infinitely Virtual; issues with FTP, POP, IMAP, or SMTP customer access; false SLA breaches reported as a result of outages or errors of any Infinitely Virtual 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 Infinitely Virtual’s Terms and Conditions 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. Infinitely Virtual is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Infinitely Virtual will guarantee only those areas considered under the control of Infinitely Virtual: Infinitely Virtual server links to the Internet, Infinitely Virtual’s routers, and Infinitely Virtual’s servers.
Credit Request and Payment Procedures
To receive a credit, the customer must make a request by sending an e-mail message to email@example.com. Each request in connection with this SLA must include the customer’s account number and the dates and times of the unavailability of customer’s Web site and must be received by Infinitely Virtual within ten (10) business days after the customer’s services were not available. If the unavailability is confirmed by Infinitely Virtual, credits will be applied within two billing cycles after Infinitely Virtual’s receipt of the 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 fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Infinitely Virtual and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Customer’s Services Availability.