Coverage; Definitions
1. This Web Site Availability Service Level Agreement (SLA) applies to you ("client") if you have ordered any of the current hosting account services from Linkmatics (the "Services") and your account is current (i.e., not past due) with Linkmatics: 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 client's Web site is available for access by third parties via HTTP and HTTPS, as measured by Linkmatics.
2. Service Level
1. Goal:
Linkmatics' goal is to achieve 100% Web Site Availability for all clients.
2. Remedy:
Subject to Sections 3 and 4 below, if the Web Site Availability of client's Web site is less than 100%, Linkmatics will issue a credit to client 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% | 5% |
| 90% to 97.9% | 15% |
| 80% to 89.9% | 25% |
| 79.9% or below | 100% |
3. Exceptions
The Client shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
a. Circumstances beyond Linkmatics's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour 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;
b. Failure of access circuits to the Linkmatics Network or those of Linkmatics suppliers, unless such failure is caused solely by Linkmatics;
c. Scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of Linkmatics and its suppliers;
e. Issues with FTP, POP, IMAP, or SMTP client access;
f. False SLA breaches reported as a result of outages or errors of any Linkmatics or Linkmatics suppliers measurement systems;
g. Client's acts or omissions (or acts or omissions of others engaged or authorized by client), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of Linkmatics' Terms and Conditions and Acceptable Use Policy;
h. E-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. Outages elsewhere on the Internet that hinder access to your account. Linkmatics is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Linkmatics will guarantee only those areas considered under the control of Linkmatics: Linkmatics server links to the Internet, Linkmatics's routers, and Linkmatics's servers.
4. Credit Request and Payment Procedures
To request a credit for business hosting accounts, the client should contact Linkmatics. Each request in connection with this SLA must include the dates and times of the unavailability of client's Web site and must be received by Linkmatics within seven (7) business days after the client's Web Site was not available. If the unavailability is confirmed by Linkmatics, credits will be applied within two billing cycles after Linkmatics's receipt of the client's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to client in a particular month under this SLA shall not exceed the total hosting fee paid by client for such month for the affected Services. Credits are exclusive of any applicable taxes charged to client or collected by Linkmatics and are client's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of client's Web site.