10Web provides next generation automated products. We support our products with the herin Service Level Agreement (“SLA”). This SLA is integrated into and is a part of our Terms of Service. Terms not defined in this SLA are defined in our Terms of Service. The solutions stated in this SLA are Your only and exclusive solution for the issues stated in and covered by the SLA.

We reserve the right to make changes to this SLA at any time and at our sole discretion. Please check the SLA regularly for updates as the date at the top of this SLA will reflect the date of changes made to this SLA and function as an announcement of changes to the SLA. Continuing to use the services provided by 10Web after the announcement will thereby confirm your agreement and acceptance of the changes.

Definitions

Mandatory Services are all services ensuring that websites hosted at 10Web are reachable over HTTP (Hypertext Transfer Protocol).
Mandatory Services do not include:

  • our website, SSH / SFTP / phpMyAdmin access
  • third-Party Services
  • our dashboard
  • our support system
  • or any other portion of our Services that are not mandatory for the accessibility of client websites.

Subscription Date is the day/month/year, you signed up for a plan to host your site.

Billed Monthly is the month to month billing cycle, with the starting date being your Subscription Date and reflecting the same billing date for the next month. For example if your subscription date is 12/12/2020, then your next month billing date will be, 1/11/2021.

Billed Annually is the annual billing cycle, with the starting date being your Subscription Date and reflecting the same billing date 12 months later. For example if your subscription date is 4/5/2020, then your next billing date will be 4/4/2021.

Downtime is any amount of time where the above mentioned Mandatory Services are not available to the Customer.

Covered Downtime is the total span of downtime occurrence in minutes during a monthly billing cycle. Websites experiencing downtime on the same day are counted as one instance and will not be summed up. Websites experiencing downtime on different days will be counted as separate instances, and will be summed up. For example:

  • If 3 websites are experiencing 30 minutes of downtime on the same day, the total amount of covered downtime is 30 minutes.
  • If 1 website experiences downtime of 30 minutes on day one and another experiences downtime of 30 minutes on day two, the total amount of covered downtime is 60 minutes.

Maintenance is run once or twice a year.

Current Plan is the hosting plan being used when Downtime occurs.

Current Plan Value is the fee paid either monthly or annually for the current plan and which does not include added services and overages.

Uptime Guarantee is the guarantee that Mandatory Services will be available at least 99.9% of the time during each monthly billing cycle.

SLA Credit is the credit described in this SLA document and which is added to a client account and applied to consecutive invoices.

How SLA Credits are Calculated

To ascertain that our Uptime Guarantee was met, calculation of SLA Credits, will compare Covered Downtime to the amount of minutes in a normal 30 day billing cycle. If the Covered Downtime for the entire 30 day billing cycle is more than 43 minutes (0.1% of the amount of time in a normal 30-day period), then the Uptime Guarantee was not met. If this is the case, then upon request, you will receive SLA Credits equal to ten percent (10%) of the monthly value of your Plan for each 60 minutes of Covered Downtime. Covered Downtime will be calculated based on our monitoring and at our sole discretion.

For Example:
Note: All Covered Downtime compensations will be applied to your next invoice.

  • You will not qualify for SLA credit if the Covered Downtime is 59 minutes.
  • If the Covered Downtime is 60 minutes, then you will qualify for SLA credit at 10% of the monthly value of your plan.
  • If the Covered Downtime is 120 minutes, you will qualify for SLA credit equal to 20% of your monthly plan value.

How to Collect SLA Credit

In order to collect SLA credit, you will need to submit a request no later than the end of one monthly billing period after the monthly billing period where we have failed to meet the uptime guarantee.

If SLA credits constitute a greater value than your monthly plan value at the time of the failed Uptime Guarantee, the SLA credits will be disbursed in future invoices. SLA credits will not be paid in cash. You will not receive the SLA credit if you cancel your account subscription before the credit is applied.

Downtime Not Eligible for SLA Credit

Below are instances of downtime which are not identified as Covered Downtime and are not eligible for SLA credit.

  • Downtime as a result of: natural disasters, strikes, governmental actions, political upheaval, war, powersource failure, failures by external service providers, and any other event that 10Web can not control, anticipate, avoid, or prevent.
  • Downtime during scheduled maintenance.
  • Downtime during Emergency maintenance.
  • Breach of services and contract by Customer.
  • Code created by Customer and or any actions/inactions of the customer resulting in Downtime
  • Changes to services by parties other than 10Web.