Guaranteed Uptime Service Level

1. Sytes shall use Commercially Reasonable Efforts to make its servers available 24 hours a day, seven days a week for 100% network availability (Uptime Service Level).

2. The servers shall be considered as unavailable only during periods when the servers and/or connectivity is either completely inaccessible or is severely degraded, or major components of the servers are not operational and work cannot reasonably continue; and

3. The servers shall not be considered as “unavailable” during necessary maintenance, Customer-caused outages or disruptions, or outages or disruptions attributable in whole or in part to a cause outside Sytes’s reasonable control.

Severity Level Definition With Response Stages and Times

Business Critical Failures : a problem that materially impacts the client’s business operations.

Examples include:

  • Any of the client’s servers going offline
  • The client’s service being inaccessible
  • Any server failure that results in a client not being able to carry out typical tasks on the client’s service

Response Stage and Time

  1. Acknowledgment of receipt of support request within 30 minutes, measured from the first of (a) when infrastructure monitors alert Sytes’s engineers, or (b) a critical-priority technical support ticket is created by the client to report a service problem.
  2. Provide an update as frequently as possible, and at least every 60 minutes, measured from the time of the last response to the support request, until full restoration of service.
  3. Sytes shall work on the problem continuously and exercise commercially reasonable efforts until full restoration of service.

High

Defect with Workaround:

  • a) a critical error in service for which a workaround exists; or
  • b) a non-critical error that affects the operations of the client’s business or marketability of its service or product.

Response Stage and Time

  1. Acknowledgment of receipt of support request within 60 minutes, measured from the first of (a) when infrastructure monitors alert Sytes’s engineers, or (b) a high-priority technical support ticket is created by the client to report a service problem.
  2. Provide an update every 2 hours measured from the time of the last response to a support request, until full restoration of service.
  3. Sytes shall exercise commercially reasonable efforts until full restoration of service.

Normal

Minor Error: an isolated or minor error that:

  • a) does not significantly affect business operations
  • b) may disable only certain non-essential functions; or
  • c) does not materially impact the client’s business performance.

Response Stage and Time

  1. Acknowledgment of receipt of support request within 2 hours, measured from the first of (a) when infrastructure monitors alert Sytes’s engineers, or (b) a normal-priority technical support ticket is created by the client to report a service problem.
  2. Sytes shall provide a permanent fault correction within 2 Business Days after the acknowledgment of the support request has elapsed.

Service Credits

1. If availability falls below the Uptime Service Level in a given calendar month (Service Delivery Failure), Sytes shall provide Service Credits at a rate of 5% of the total monthly Hosting Fee (which shall be one twelfth of the annual Hosting Fee) for every 30 minutes of Service Delivery Failure evidenced by the Client.

2. If Sytes fails to achieve a relevant Support Response Time (Service Delivery Failure), Sytes shall provide Service Credits at a rate of 5% of the total monthly Hosting Fee (which shall be one twelfth of the annual Hosting Fee) for every failure to achieve the relevant Support Response Time.

3. The maximum Service Credit allowable in respect of a given month is limited to 100% of the total monthly Hosting Fee payable for the month in which the Service Delivery Failure occurred.

4. Service Credits shall be calculated by Sytes and placed on account, without expiry, for use against future service invoices.

5. The Client must notify Sytes within 7 days of a failure to meet either the Uptime Service Level or Support Response Time to claim service credits.

6. The Client acknowledges and agrees that the terms of this agreement relating to Service Credits do not operate by way of penalty and constitute a genuine attempt to pre-estimate loss.

7. The provision of a Service Credit shall be an exclusive remedy for a particular Service Delivery Failure.

8. Service Credits shall be shown as a credit held on account and deducted from the amount due from the Client to Sytes on the next invoice issued. Sytes shall not in any circumstances be obliged to pay any money or make any refund to the Client.

9. Credits may not be issued if the Client’s account is past due, suspended, or pending suspension, nor will Credits be issued in cases where the Client is in breach of our Terms and Conditions of Service or Acceptable Use Policy or incidents which are beyond our reasonable control.