Web Site Availability Service Level Agreement

1. Coverage - Definitions 
   This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services from Simplex Software (the "Services") and your account is current (i.e., not past due) with Simplex Software: Shared (Starter or Business) Web Hosting Plans (Bronze, Silver, Gold), E-Commerce Plans, Signature Hosting or Virtual Private Servers (FreeDSD or Solaris). As used herein, the term "Web Site 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 is available for access by third parties via HTTP and HTTPS, as measured by Simplex Software.

2. Service Level

   1. Goal: 
      Simplex Software's goal is to achieve 100% Web Site Availability for all customers. 

   2. Remedy: 
      Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Simplex Software will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
      

   Web Site Availability	Credit Percentage
   99.9 to 100%	0%
   98% to 99.8%	10%
   95% to 97.9%	25%
   90% to 94.9%	50%
   89.9% or below	100%

   
   

3. Exceptions 
   Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

   1. circumstances beyond Simplex Software'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 attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free 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 the Simplex Software Network, unless such failure is caused solely by Simplex Software; 

   3. scheduled maintenance and emergency maintenance and upgrades; 

   4. DNS issues outside the direct control of Simplex Software; 

   5. issues with FTP, POP, IMAP, or SMTP customer access; 

   6. false SLA breaches reported as a result of outages or errors of any Simplex Software 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, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Simplex Software's Terms and Conditions and Acceptable Use Policy;

   8. e-mail or webmail delivery and transmission; 

   9. DNS (Domain Name Server) Propagation. 

   10. outages elsewhere on the Internet that hinder access to your account. Simplex Software is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Simplex Software will guarantee only those areas considered under the control of Simplex Software: Simplex Software server links to the Internet, Simplex Software's routers, and Simplex Software's servers. 

4. Credit Request and Payment Procedures 
   In order to receive a credit, customer must make a request therefor by sending an email message to creditrequest@simplexsoftware.com. Each request in connection with this SLA must include customer's account number (per Simplex Software's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Simplex Software within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Simplex Software, credits will be applied within two billing cycles after Simplex Software's receipt of customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Simplex Software and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site. 

 

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