INTERNET ASSOCIATION COMPANY LIMITED
INTERNET ASSOCIATION COMPANY LIMITED (SLA)
The following terms and conditions of this service level agreement (as amended from time to time, this “SLA”) apply only to products and service and govern the use and availability of the Internet Association Company Limited to those persons that have purchases products and services directly from Internet Association Company Limited (“Client”) and the right, under certain circumstances specified below, of a Client to receive service credits in respect of the failure of Internet Association Company Limited to provide the products and service purchased by Client from Internet Association Company Limited in accordance with
the Terms of Service
this SLA
each of which is incorporated herein by reference and made a part hereof (collectively, the “Agreement”). Capitalized term used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Term of Service as applicable. Client’s use of Internet Association Company Limited’s website, Internet Association Company Limited network and the products and services is also subject to Client’s acceptance and compliance with this SLA, the Terms of Service and the Order Form.
INTERNET ASSOCIATION COMPANY LIMITED HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF PRIVACY POLICY. CLIENT HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA.
By submit the order form, Client hereby agrees to the following:
1) Definitions
When use in this SLA, the following capitalized terms shall have the definitions set forth below
“Order Form” means the Internet Association Company Limited standard service exhibit, service addendum or order form, specifying the products and service purchase by Client, as in effect from time to time.
“Products and Services” means those products and services offer by Internet Association Company Limited to its general Client base, in each case as purchased by a Client and set forth on an Order Form, but expressly excludes all products and services offered by Internet Association Company Limited managed hosting division and expressly marketed as managed hosting services
“Privacy Policy” means Internet Association Company Limited’s standard privacy policy, as in effect and listed on Internet Association Company Limited website from time to time and subject to all changes, modifications and replacements as Internet Association Company Limited may effect in accordance with Terms of Service.
“Scheduled Maintenance” means all maintenance services for which Internet Association Company Limited gives Client at lease 3 days prior notice of such maintenance service via Internet Association Company Limited outage mailing list maintained on Internet Association Company Limited’s Client portal.
“Service Credit” means a credit, calculated in accordance with this SLA, issued by Internet Association Company Limited to the Client in respect of products and service contracted for , but not delivered by Internet Association Company Limited in accordance with the Agreement due to a qualified network downtime event.
“Terms of Service” means either (1) Internet Association Company Limited standard terms of service as in effect and listed on Internet Association Company Limited website as the date of Client’s purchase of Products and Service or (2) solely to the extent Internet Association Company Limited and Client have separately negotiated written terms of service different from those referred to in clause (1), Internet Association Company Limited standard terms of service which incorporate such other written terms of service, duly executed and delivered by each party; in each case, as amended from time to time
“Internet Association Company Limited Network” means the portion internal computer network owned or operated on behalf of Internet Association Company Limited that extends from the outbound port on a Client’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.
2) We Guarantee
99% uptimeInternet Association Company Limited assures Client 99% uptime availability of the Internet Association Company Limited network covered by this SLA. If there has a qualified downtime event as following description, Internet Association Company Limited will issue Client a service credit.
Definition of failure
There is no dial-up or broadband visitor can make any connection to the server (such as PING test) for over 15 minute
There is no internet traffic to the server except scheduled maintenance
Maximum refund of the month equal 50% of one-month monthly subscription charge.
3) Service Credit
Service credits are calculated by Internet Association Company Limited on a “per-event-basis/per-related-series-of-events-basis”. Service credit does not constitute a refund in respect of products or service and may not be carried to future months, paid for or exchanged for cash or other monetary consideration or value. Service credits are not available when
A failure in the Client’s internet service provider (ISP) or Local Area Network
Any act of God which results in the failure of server
“hacking” or other security lapse on the Client’s server or networks
Computer virus attacks from external source via the internet
Failure of software configuration
Server overloading (e.g. CPU usage above 85% for a certain period of time)
Internet Association Company Limited shall not be liable for any consequential or indirect loss or damage of the Clients caused by the failure of service.
In order for a Client to qualify for a service credit, the Client must
purchased and paid the products and services
submit a request for service credit to Internet Association Company Limited within 3 days from the date of event giving rise the requested Service credit and in according with the terms of this SLA. Failure to request a service credit will result in an automatic waiver of any rights to such service credit under this SLA.
Mode of service credit
The amount of service credit will be deducted in the Client’s account in next invoice.
4) Secheduled Maintenance
Client hereby acknowledges that Internet Association Company Limited may, from time to time, perform maintenance service on Internet Association Company Limited network, with or without notice to Client, which may result in the unavailability of the Internet Association Company Limited network. Downtime or unavailability resulting from Schedule Maintenance shall not constitute a Qualified Network Downtime Event or qualify for any Service Credit. Client must subscribe to Internet Association Company Limited’s outage mailing list and provide accurate and timely information in Internet Association Company Limited Client portal in order for Internet Association Company Limited to notify Client of all Scheduled Maintenance. Client’s failure to subscribe to Internet Association Company Limited’s outage mailing list or to provide accurate and timely information on Internet Association Company Limited’s Client portal may result in the forfeiture of any Service Credit based on downtime or unavailability arising from Scheduled Maintenance for which Client did not receive timely notice. Emergency maintenance and maintenance for which Internet Association Company Limited has not given Client notice in according with this SLA shall not be deemed Schedules Maintenance for purposes of this SLA
5)Disclaimer
Client hereby acknowledges that Internet Association Company Limited’s ability to provide products and services and technical support to Client and to manage any server owned or controlled by or leased to Client is contingent upon Internet Association Company Limited’s ability to connect Internet Association Company Limited network to such server and monitor such server. In the event that Client substantially impairs Internet Association Company Limited’s ability to connect Internet Association Company Limited network to any server owned or controlled by or leases to Client, including, but not limited to, through the installation of software, including, but nor limited to, firewall software or load balancing software, or through the configuration of such server, then Internet Association Company Limited shall have no obligation to provide product and servers or technical support services or any of the services provided for in this SLA for such server and Client shall not be entitled to any service credit under this agreement with respect to such server. If Client requests technical support services or management services for a server for which Client has impaired the ability of Internet Association Company Limited to connect Internet Association Company Limited network to such sever, Internet Association Company Limited shall provide such technical support services or management or management services as professional services on a time and material basis and Client shall not be billed at Internet Association Company Limited’s then-current professional services rate. Internet Association Company Limited shall not be liable for the failure or delay in performing its obligations hereunder or under the Agreement if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Internet Association Company Limited’s products and services (each, a “Force Majeure Event”). Internet Association Company Limited agrees to exercise reasonable efforts to mitigate the damage arising from Majeure Event, however, under no circumstances will Internet Association Company Limited or its affiliates be held liable for any cost, expense, liability, claim or damage due to such interruptions. In no event shall Internet Association Company Limited or its affiliates be liable to Client or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services. Client acknowledges and agree that the receipt of a service credit as provided for in this SLA constitutes Client’s sole and exclusive remedy, and Internet Association Company Limited sole and exclusive liability, for any failure of Internet Association Company Limited network or failure by Internet Association Company Limited to provide Client with the products and servers purchased by Client in accordance with the Agreement which results from a qualified downtime event.
INTERNET ASSOCIATION COMPANY LIMITED RESERVES THE RIGHT TO AMEND. MODIFY OR TERMINATE THIS SLA, THE PRIVACY POLICY AND THE TERM OF SERVICE FROM TIME TO TIME, AND A CLIENT USE OF INTERNET ASSOCIATION COMPANY LIMITED’S PRODUCTS AND SERVICES AND INTERNET ASSOCIATION COMPANY LIMITED NETWORK AFTER SUCH AMENDMENT, MODIFICATION OR TERMINATION OF THIS SLA, THE PRIVACY POLICY OR THE TERMS OF SERVICE IS POSTED INTERNET ASSOCIATION COMPANY LIMITED’S WEBSITE WILL CONSTITUTE THE CLIENT’S ACCEPTANCE OF ANY SUCH AMENDMENTS, NODIFICATIONS OR TERMINATION.
