zatechuk.co.uk or its assets may be referred to in this agreement as;
Us, We or Our.
All persons
visiting this site may be referred to in this agreement as; visitors.
All persons
purchasing or using zatechuk.co.uk’s services may be referred to in
this agreement as; customers or consumers.
zatechuk.co.uk Service Level Agreement may be abbreviated to SLA.
Important
Note: This document is updated often. Please make a habit of reviewing
it from time to time to stay abreast of our service agreements.
This
document is divided into the following sections:
1.1 -
General
1.2 -
Uptime Guarantee
1.3 -
Exceptions
1.4 -
Connectivity
1.5 -
Measurement
1.6 -
Hardware Failure
1.7 -
Credits
1.1 General
We reserve
the right to change or modify this SLA, and will post changes or
modifications thereto, on our website. Except as set forth in this SLA,
we make no claims regarding the availability or performance of our
network or servers. Specific terms/points of this SLA may be adjusted on
a case by case basis by the specific Service Agreement signed, and/or
agreed to by client. In the case of different terms/points in SLA and
Service Agreement, the Service Agreement terms/points shall prevail over
this general SLA policy. The Service Agreement signed/agreed to by
client, takes precedent over this SLA, and Service Agreement terms are
in effect, and controlling over this SLA, including, but not limited to,
it's limitations of liability.
1.2 Uptime
Guarantee
We strive
to maintain a 99%+ network and server uptime service level. This uptime
percentage is a monthly figure, and is calculated solely by our
monitoring systems or authorized/contracted outside monitoring services
(e.g. uppanel.com). If we fail to meet our 99%+ uptime guarantee, and it
is not due to one of the exceptions below, credits will be made
available to each client, upon request, on a case by case basis. We do
not credit a full month's service for minor downtime. This would not be
financially viable for us, and in turn would only negatively affect the
service level we provide to you. "Partial refunds for partial downtime"
is our standard policy. In extreme circumstances, we may distribute full
month credits, but this is dealt with on a case by case basis. Details
on how credit amounts are calculated can be found below.
1.3
Exceptions
Our
customers shall not receive any credits under this agreement in
connection with any failure or deficiency of our network caused by or
associated with:
-
Circumstances beyond reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo,
"Acts of God" (i.e. fire, flood, earthquake, tornado, etc...), strike or
other labour disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in telecommunications or
third party services, failure of third party software or inability to
obtain raw materials, supplies, or power used in or equipment needed for
provision of the Service Level Agreement
- Telco
Failure (i.e. cutting a fiber line somewhere)
- Backbone
peering point issues (PAIX)
- Scheduled
maintenance for hardware/software upgrades
- DNS
issues not within our direct control
- Client’s
acts or omissions, including without limitation, any negligence, wilful
misconduct, or use of our services in breach of our Policy and Service
Guidelines (Acceptable Usage Policy), by Client or others authorized by Client.
- DDOs
attacks or any IRC related attacks
1.4
Connectivity
Our goal is
to make our network available to clients free of outages for 99%+ of the
time. An "outage” is defined as an instance in which a client is unable
to transmit and receive IP packets due to a service failure for more
than 15 consecutive minutes, excluding service failures relating to our
scheduled maintenance and upgrades. The zatechuk.co.uk network does
not include client premises equipment or any Telco access facilities
connecting client's premises to such infrastructure. Our goal is to keep
Average Round-Trip Latency on our network to 85 milliseconds or less. We
define “Average Round-Trip Latency”, with respect to a given month, as
the average time required for round-trip packet transfers between our
network and major US backbone peering points during such month, as
measured by us. Our goal is to keep Average Packet Loss on our network
to 1% or less. We defines “Average Packet Loss”, with respect to a given
month, as the average percentage of IP packets transmitted on our
network during such month that are not successfully delivered, as
measured by us.
1.5
Measurement
We will
periodically (on average every 10 minutes) monitor our network and
server availability using software and hardware components capable of
measuring application traffic and responses. Clients acknowledge that
that such measurements may not measure the exact path traversed by a
client’s internet connection, and that such measurements constitute
measurements across our network but not other networks to which a client
may connect. We reserve the right to periodically change the measurement
points and methodologies it uses without notice to clients. Full network
and server reporting will be posted to a location designated by us and
made available to clients.
1.6
Hardware Failure
Our web
site stands behind all equipment on our network. Faulty hardware is
rare, but cannot be predicted nor avoided. We utilize only name brand
hardware of the highest quality and performance. We will replace all
faulty hardware affecting performance levels of equipment as soon as
possible, which includes hardware issues that cause server crashes or
speed issues. Hardware failure resulting in complete network/server
outage/downtime will also be corrected as soon as possible. Router
failure is an exception to this SLA guarantee, and may require on-site
engineers or backbone provider emergency personnel to correct the
problem. Router failure is governed by current contracts with external
companies and backbone providers in regard to the emergency repair
service in case of such an issue. We will replace all faulty hardware on
dedicated servers (rented or leased servers), at no charge to the
client, with an unlimited free replacement policy. This includes parts
ordered as upgrades.
1.7 Credits
In the
event that there is no Web Site Availability, we will credit the monthly
service charge for the Service as calculated below and as measured
24-hours a day in a calendar month, with the maximum credit not to
exceed the monthly service charge for the affected month:
Web Site
Availability Credit
95% to
99.4% = 25%
90% to
94.9% = 50%
89.9% or
below = 100%
In order
for you to receive a credit on your account, you must request such
credit within five (5) business days after you experienced no Web Site
Availability. You must request credit by sending an electronic mail
message to admin@zatechuk.co.uk. For security, the body of this
message must contain your account number/domain name, the dates and
times of the unavailability of your web site, and such other customer
identification requested by us. Credits will usually be applied within
sixty (60) days of your credit request. Credit to your account shall be
your sole and exclusive remedy in the event that there is no Web Site
Availability.