Hosting Service level Agreement

1. Definition Of Terms

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: “Company”, “us”, “we” and “our” Pheonix solutions; “You”, “Your”, means the party or parties who utilise services provided by Pheonix solutions.

2.Technical Support

The Company will provide You with technical support on set-up of your account, access, basic web site set-up, and other server related issues at no additional charge. The Company will not provide development-related support for web applications, scripts, or components from third parties or those developed by You. Email support is available Monday through Friday, excluding public holidays, from 9am to 6pm IST.

Please be prepared to provide a full description of the problem. The Company’s standard response time to technical support issues is within three hour. This time depends on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to the servers’ unavailability. These issues are addressed first upon notification from a customer.

3. Scheduled Maintenance

To maximize optimal performance and security of the servers, the Company will perform routine maintenance on the servers on a regular basis, requiring servers to be removed from service. The Company reserves six hours of server unavailability per month for maintenance purposes. This server unavailability will not be included in server uptime calculations. The maintenance is typically performed during off-peak hours.

4. Availability

The Company’s primary commitment is to provide outstanding web hosting service to all customers. To support this commitment, the Company observes the following schedule of remedies for any failure to meet the express guarantees in this Service Level Agreement.

4.1 Network Availability

The Company guarantees at least 99% Network Availability. Network Availability is defined as the ability to pass incoming and outgoing TCP/IP traffic through the Company’s network. Application and mail server unavailability resulting from loss of Network Availability is not included in Mail Server Availability or Application Server Availability calculations or if the Network Availability loss is caused by any factor(s) beyond the Company’s control, including such factors as problems on domestic and international backbones or on the customer’s portion of the network, and denial of service or similar attacks directed at the Company servers or the Company’s network.

4.2 Application (Web) Server Availability

The Company guarantees at least 99% Application Server Availability. Application (Web) Server Availability is defined as the ability to retrieve the HTTP headers from the hosting server, calculated on a monthly basis. The Company will not monitor availability of individual web sites but only monitors the server availability as a whole. Denial of service attacks or other types of attacks directed toward the web server resulting in or contributing to downtime will not be included in Web Server Availability calculations.

4.3 Mail Server Availability

The Company guarantees at least 99% Mail Server Availability. Mail Server Availability is defined as the ability to retrieve the SMTP, POP and IMAP headers from the mail server, calculated on a monthly basis. The Company will not monitor availability of individual mail accounts or mailboxes but only monitors the server availability as a whole. Denial of service attacks, mail bombing, and other flooding techniques directed toward the mail server resulting in or contributing to downtime will not be included in Mail Server Availability calculations.

The outgoing email protocol used on the mail server (SMTP) is a “store-and-forward” type of protocol that does not guarantee immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 5 days, the messages will be returned to the sender.

4.4 Virtual Private Server (VPS) Availability

Virtual Private Server Availability is defined as the ability to retrieve a successful response from probes on core hardware node services responsible for managing the VPS environment. Availability is calculated on a monthly basis. The Company will not monitor availability of individual VPSs but only monitors the server availability as a whole. Denial of service attacks or other types of attacks contributing to downtime will not be included in Server Availability calculations.

4.5 Dedicated Server Availability

Dedicated Server Availability is defined as the ability to retrieve a successful response from server. Availability is calculated on a monthly basis. Denial of service attacks or other types of attacks contributing to downtime will not be included in Server Availability calculations.

4.5 Applying For A Refund

To receive a refund, send an email or written refund request to the Billing department(billing@pheonixsolutions.com)

Refund request must be received by the billing department within thirty days of the end of the month for which you are requesting a refund

4.6 Maximum Total Penalty

The refund always be given as credit for the service and it can't be clubbed to other service which company offers

4.7 Restrictions

Customer shall not receive any refunds under this SLA in connection with any failure or deficiency of website availability caused by or associated with:

1. Circumstances beyond the Company’s reasonable control, including, but not limited to, acts of any governmental body, fire, flood, earthquake, 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);

2. scheduled maintenance and emergency maintenance and upgrades;

3. Your acts or omissions (or acts or omissions of others engaged or authorized by You), 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 the Company’s Terms and Conditions and Acceptable Use Policy;

4. DNS (Domain Name Server) Propagation.

5. Outages elsewhere on the Internet that hinder access to your account. The Company is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.

5. Storage Capacity / Data Transfer

Each account is allotted storage capacity and data transfer amounts on the Company servers according to the plan and options selected by You.

This storage size and data transfer allotments can be increased by request for an additional fee. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.

6. Data Retention

The company shall not be responsible for retaining any your data after account termination. All data is deleted from the servers after the account is terminated. The company shall not restore, provide on any storage media or send out any data pertaining to existing or terminated accounts unless agreed to by the company