Service Level Agreement (SLA)

Coverage

This Service Level Agreement (SLA) applies to you the ("Customer") if the Customer has Hosting or a Dedicated Server (hereafter "Hosting Service") from us ("GPowerHost"), and the Customer’s account continues to remain current (i.e., not past due at anytime during the current and prior billing periods) with GPowerHost. As used herein, the term "Hosting Availability" 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 or Operating System (OS) is available for access by third parties via HTTP(S) (ports 80 and/or 443 hereafter “Covered Ports”) as measured by GPowerHost.

Goal

GPowerHost’s goal is to achieve 100% Hosting Availability for all Customers.

Remedy

Subject to the conditions herein, if the Hosting Availability of Customer’s Hosting Service is less than 100%, GPowerHost will issue a credit to the Customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Hosting Service:

Hosting Availability and Credit Percentage:

  99.99% to 99.50% = 10%
  99.49% to 98.00% = 20%
  97.99% to 97.00% = 30%
  96.99% to 96.00% = 40%
  95.99% to 95.00% = 50%
  94.99% to 94.00% = 60%
  93.99% to 93.00% = 70%
  92.99% to 92.00% = 80%
  91.99% to 91.00% = 90%
  Less than 90.99% = 100%

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Hosting Availability caused by or associated with:

1. Circumstances beyond GPowerHost’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/malware attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free and/or scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. Failure of access circuits to GPowerHost, unless such failure is caused solely by GPowerHost;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS (Domain Name Server) and IP Address issues and propagation outside the complete control of GPowerHost;
5. Issues with ports, other than the Covered Ports, and services like: FTP, POP or SMTP customer access;
6. False SLA outages reported as a result of outages or errors of any GPowerHost measurement system;
7. 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, PHP, etc.), any negligence, willful misconduct, or use of the Hosting Service in breach of GPowerHost’s Terms and Conditions and Acceptable Use Policy;
8. E-mail or webmail delivery and transmission;
9. Log-in and password related issues.
10. Issues caused by identity theft or impersonation.
11. Issues where the duration is increased significantly by the customer’s unavailability, wrong contact information or inability to contact the customer due to any outside factor (we must make reasonably attempts to contact the Cusomer via the methods on file).
12. Issues where the duration is increased significantly by the restoration of an offsite backup.
13. Cyber or Denial of Service attacks or related outages including the need to null the Customer’s domain or IP address due to an attack (unless the Customer has a Denial of Service Protection product with us).
14. Outages elsewhere on the Internet or Devices that hinder access to the Customer’s account. GPowerHost is not responsible for browser or DNS caching that may make the Customer’s site appear inaccessible when others can still access it. GPowerHost will guarantee only the part of the Hosting Service under the control of GPowerHost: GPowerHost servers, equipment, links to the Internet and GPowerHost’s.
15. Outage claims based on third-party sensors that do not agree with GPowerHost’s own reasonably functioning sensors, logs or reports.
16. Outage claims based on the aggregate of failures where any single, claimed failure lasts less than 90 seconds.
17. Outage claims where the customer failed to report an outage, that was reported to them or otherwise known to them, their employees, or agents that did not register on GPowerHost’s outage sensors.
18. Captcha and other gray listing related outages.
19. Search engine access, outages and blockages.
20. Outages where, in GPowerHost’s sole opinion, the customer acted, construed, crafted, neglected to act or falsely reported information with the intent to receive a credit under this agreement.
21. Outages where the Customer, employee or agent failed to report the outage to us first–instead reporting to some other public or private place, forum or social media–even if that posting was marked to us, in GPowerHost’s account area or otherwise directed to us via a non-official support channel reporting means (see: OFFICIAL CHANNEL REPORTING NOTICE, below).
22. Outages that the Customer was unable to report to us due to a third party network outage such as: busy telecom, blocked or slow internet or email system slowness or blockage not controlled by us where we were also unaware of the outage.

Credit Request and Payment Procedures

To receive a credit, Customer must login and make a request therefore by submitting a ticket to GPowerHost’s billing department via: https://gpowerhost.com/gpower-support/ . Each request in connection with this SLA must include Customer’s account number (per GPowerHost’s invoice) and the dates and times of the unavailability of Customer’s Hosting Service (along with any trouble ticket numbers, error messages and examples) and must be received by GPowerHost within seven (7) business days after Customer’s Hosting Service was not available. If the unavailability is confirmed by GPowerHost, credits will be applied on the next billing cycle after GPowerHost’s receipt of 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 100% the total Hosting Service fee paid by customer for such month for the affected Hosting Service. Credits are exclusive of any applicable taxes charged to the Customer or collected by GPowerHost and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Hosting Availability of Customer’s server.

This SLA applies only to Hosting Service related charges. Credit shall not be given for any design, programing or maintenance fees (or any other affected or non-affected non-Hosting Service) that are part of any billing.

OFFICIAL CHANNEL REPORTING NOTICE: To be eligible under this agreement the Customer must report to us first, directly, trying all of GPowerHost’s functioning official contact means, methods and channels. This includes persisting to contact us via each of these until the Customer receives a human reply and explicit acknowledgement of their SPECIFIC outage: GPowerHost’s trouble ticket system (website), Customer’s account manager’s email address (email), the emergency contact phone number supplied to the Customer (phone), GPowerHost’s Skype as supplied to the Customer (Skype), and GPowerHost’s/Customer’s slack (slack team support, if setup and supplied, by us). We provide direct support and do not provide support via social media and forums.