Dedicated/VPS SLA Agreement
We understand how important it is for your server to be available 100% of the time you host with us which is why we will issue a credit to your account should we fall below your level of expectations.
The following is our SLA (Service Level Agreement) for all dedicated & VPS hosting accounts:
Coverage; Definitions
This Network Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting services from Open Mind Hosting (the "Services") and your account is current (i.e., not past due) with Open Mind Hosting:
- Dedicated server orders both managed and un-managed
- Bronze, Silver, Gold, Platinum or Diamond VPS server
As used herein, the term "Network Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the customers server is available for access by third parties via HTTP and HTTPS, as measured by Open Mind Hosting.
Network Service Level
Goal: Open Mind Hosting's goal is to achieve 100% Network Availibility for all customers.
Remedy:Subject to Exceptions and the Credit Request Procedure below, if the Network Availability of customer's server is less than 100%, Open Mind Hosting 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:
| Network Availibility | Credit Percentage |
| 99.99% to 100% | 0% |
| 98% to 99.99% | 10% |
| 95% to 97.9% | 25% |
| 90% to 94.9% | 50% |
| 89.9% or below | 100% |
Hardware Replacement Policy
If for any reason any of the hardware in your dedicated server fails, we will rectify the problem within 4 hours of our technicians confirming the hardware fault. In the unlikely event we fail to achieve this, we will refund you 1 days service for every hour of downtime, up to a maximum of your monthly subscription charge.
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Network Availability caused by or associated with:
- circumstances beyond Open Mind Hosting'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;
- failure of access circuits to the Open Mind Hosting Network, unless such failure is caused solely by Open Mind Hosting;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Open Mind Hosting;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any Open Mind Hosting measurement system;
- 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 Open Mind Hosting's Terms and Conditions and Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. Open Mind Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Open Mind Hosting will guarantee only those areas considered under the control of Open Mind Hosting: Open Mind Hosting server links to the Internet, Open Mind Hosting's routers, and Open Mind Hosting's servers.
Credit Request and Payment Procedures
In order to receive a credit, customer must make a request therefor by submitting a support ticket. Each request in connection with this SLA must include customer's account number (per Open Mind Hosting's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Open Mind Hosting within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Open Mind Hosting, credits will be applied within two billing cycles after Open Mind Hosting's receipt of customer'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 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 VAT charged to customer or collected by Open Mind Hosting and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Network Availability of customer's Web site.
