This Web Site Availability Service Level Agreement applies to ALS Cloud accounts in good financial standing (“Service”).
Service Level :
ALS Cloud endeavors to have the content of your web site available for http access by third parties 99% of the time (“Web Site Availability”).
Cancellation Policy
One month Notice period for any cancellation of Services
Refunds
In the event that there is no Web Site Availability, ALS Cloud will refund the annual service charge for the Service as calculated below and as measured 24-hours a day in a calendar year, with the maximum refund not to exceed the annual service charge for the affected annum:
In order for you to receive a refund on your account, you must request such refund within ten (10) business days of experiencing no Web Site Availability. You must request a refund by sending an electronic mail message to support@alscloudpro.com . For security, the body of this message must contain your domain name, the dates and times of the unavailability of your website, and such other customer identification requested by ALS Cloud. Refunds will usually be applied on the renewal of hosting period. Refund to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.
Restrictions:
Refunds shall not be provided to you in the event that you have no Web Site Availability resulting from:
(i) scheduled maintenance will keep you posted at the time of maintenance
(ii) your behavior or the performance or failure of your equipment, facilities or applications (including coding), or
(iii) circumstances beyond ALS Cloud’s reasonable control, including, but not limited to, 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 or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.
1. DEFINITIONS:
Except as otherwise defined in this SLA or unless the context otherwise requires, all defined terms in this SLA shall have the same meanings as defined in the Terms of Service or applicable MSA, if any.
1 “Uptime” or “UT” means the aggregate percentage of hours in a calendar month during which the Services are actually available for use by the Customer. UT = 100% – DT (Downtime DT as defined below)
2 “Fault” means failure to meet the applicable service level set out in this SLA
3 “Service Time” or “ST” means the total hours in the calendar month during which Services are being provided by ALS Cloud to the Customer. E.g. 30×24=720 hours in a 30 day calendar month.
4 “Emergency Maintenance” or “EM” shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Services, danger to life etc. as the case may be and has to be attended immediately. ALS Cloud shall attempt to notify the Customer about the emergency maintenance in advance, however depending upon the demands of the situation; if ALS Cloud is not able to notify the Customer prior to conducting such Emergency Maintenance, it may do so at the earliest opportunity after the performance of such emergency maintenance.
5 “Excused Unavailability” or “EU” means the aggregate number of hours in any month when ALS Cloud may carry out troubleshooting or upgrade to the equipment, with intent to improve the Services, with notification to the Customer. The Emergency Maintenance and Planned Downtime shall be deemed to be a part of Excused Unavailability
6 “Planned Downtime” configuration changes, preventive maintenance of ALS Cloud (a) of which the Customer is notified 48 hours in advance and (b) that is performed during a standard maintenance window from 11 PM to 6 AM IST or (c) performed during a non-standard maintenance window at a time approved by the Customer by a method chosen by ALS Cloud (telephone, e-mail). Nothing herein shall restrict ALS Cloud from conducting Emergency Maintenance on an as needed basis.
The Customer may at their discretion ask for Planned downtime to repair the ALS Cloud’s infrastructure made available to the Customer. Examples of activities covered under Planned downtime shall include but is not limited to the following activities:-
Security and updates
Routine Preventive Maintenance to prevent deterioration of the quality of Services
Preventive Maintenance of utilities like AC, UPS, Server Room (where the servers are provided by ALS Cloud ).
7 “Downtime” shall mean the aggregate percentage of hours in a billed month during which any discrete/individual Service(s) offered by ALS Cloud was not available for use by the Customer. DT = ((PD) + (EM) + Fault- (EU)) X 100))/ (ST). For the purpose of downtime only the impacted service(s) or server instance(s) impacted shall be considered.
8 “Exceptions” shall mean either an event or a set of events as are more particularly detailed in Clause 5 hereto, the occurrence and the duration of occurrence of which shall not constitute a Service unavailability for the purposes of this SLA and shall be excluded from Downtime under this SLA.
9 “Support Request” shall mean an e-mail sent to support@alscloudpro.com ,detailing Customer complaint to ALS Cloud in relation to unavailability of Services / Reporting of Downtime by the Customer by a method set out under Clause 3 hereunder.
10 “Rebates” means Rebates payable in accordance with Clause 4 of this SLA.
11 “Force Majeure Event” includes but is not limited to significant failure of a part of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, outbreak of infectious disease(s) which has an impact of frustrating the provision of the Services as per this SLA, pandemic, fire, strikes or other organized labor action, terrorist activity, acts of government authority, acts of God, or other events of a magnitude or type for which precautions are not generally taken in the industry and acts/reasons which are beyond the control of any Party and cannot be predicted by men of ordinary prudence.
1. DOWNTIME REPORTING PROCESS:
1. Any Downtime should be reported by the Customer to ALS Cloud by sending an email from its registered email ID support@alscloudpro.com within 24 hours of discovering such Downtime. The Customer shall be responsible to provide the necessary information and cooperation required by ALS Cloud to enable ALS Cloud to perform rootcause analysis of the Service problems.
2. Upon receipt of such email, ALS Cloud shall investigate the reported Downtime and shall promptly use best industry standard efforts to rectify the same. Provided that, if the Customer does not comply with the requirements of Clause 3.1, the email shall not be considered to be a valid Downtime report, and such period shall not be counted as part of Downtime for the purposes of this SLA.
1. EXCEPTIONS:
ALS Cloud shall not be responsible for any Downtime to the extent that such Downtime results from any of the following events or a combination of such events:
Any interruptions resulting from defects or failures in or use of the Customer’s software or any third-party services or any facilities provided, procured or operated by or on behalf of the Customer including but not limited to any 3rd party open-source Software or Software Licenses provided by ALS Cloud;
Incomplete, inaccurate information provided by the Customer to ALS Cloud in relation to the Services or information relevant to procuring/creating an ALS Cloud customer account;
The performance of traffic exchange points, including Internet networks or exchanges controlled by any third parties;
Any delay or failure in complying with any of the Customer’s obligations under the Terms of Service and/or MSA, as may be applicable;
DNS issue outside the direct control of ALS Cloud
Failure of the Customer links, access circuits, local loop or any network not owned or operated by ALS Cloud ;
Time taken during offline backups, either planned or requested by the Customer after advance intimation by ALS Cloud ;
Any act or omission on the part of the Customer including but not limited to failure to notify ALS Cloud on the support e-mail support@alscloudpro.com for any unexpected Downtime