Service Level Agreement

  1. Coverage and Definitions This Availability Service Level Agreement (SLA) applies to Subscriber if Subscriber has ordered SmartMachines, Smart Appliances, Virtual Machines and/or dedicated Internet Bandwidth services from ClusterTech (the “Services”) and Subscriber's account is current (i.e., not past due) with ClusterTech.
  2. Service Level This Availability Service Level Agreement (SLA) applies to Subscriber if Subscriber has ordered SmartMachines, Smart Appliances, Virtual Machines and/or dedicated Internet Bandwidth services from ClusterTech (the “Services”) and Subscriber's account is current (i.e., not past due) with ClusterTech.
    1. For the Cloud Hosting Services, ClusterTech's goal is to achieve 99.95% Availability for all Subscribers. The term “Availability” here 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 subscriber's hosted system is available for access by third parties via HTTP and HTTPS, as measured by ClusterTech
    2. For the Dedicated Internet Bandwidth Services, ClusterTech's goal is to achieve 99.9% Availability for all Subscribers. The term “Availability” here refers to the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the subscriber's network connection between the cloud hosting servers owned or operated by ClusterTech to the peering points with other major Internet service or backbone providers is available.
    3. Outage means the unavailability of services reported by subscriber and acknowledged by ClusterTech Fault reporting system. Total service outage time will be counted by this Clustertech Fault Reporting system. Subject to Sections 3 and 4 below, if the unavailability of Subscriber's Services is more than the goals mentioned in Clause 2.1 and 2.2,
      1. For the Cloud Hosting Service, ClusterTech will credit the Subscriber 5% of the monthly fee for each extra 30 minutes of downtime (up to 50% of Subscriber's monthly fee for the affected Services).
      2. For the Dedicated Internet Bandwidth Service, where the downtime exceeds the relevant permitted downtime, such period of time where such excess downtime occurred is defined as the "Compensable Downtime Period". ClusterTech will credit the Subscriber the monthly fee of the affected services with the equivalent of the proportionate daily applicable monthly fee for the Dedicated Internet Bandwidth Service payable by Customer in respect of the entire Compensable Downtime Period subject to a maximum of provision of one (1) proportionate daily applicable monthly fee per calendar day. Under no circumstances will the credit exceed 30% of the monthly service fee of the Dedicated Internet Bandwidth.
  3. Exceptions
    Subscriber shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
    1. Circumstances beyond ClusterTech'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 ClusterTech Network, unless such failure is caused solely by ClusterTech;
    3. Scheduled maintenance and emergency maintenance and upgrades;
    4. DNS issues outside the direct control of ClusterTech;
    5. Issues with FTP, POP, IMAP, or SMTP Subscriber access;
    6. False SLA breaches reported as a result of outages or errors of any ClusterTech measurement system; Subscriber's acts or omissions (or acts or omissions of others engaged or authorized by Subscriber), including, without limitation, application programmes or installation activities by subscribers, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of ClusterTech's Terms and Conditions and Acceptable Use Policy;
    7. E-mail or webmail delivery and transmission;
    8. DNS (Domain Name Server) Propagation;
    9. Outages elsewhere on the Internet that hinder access to your account
    10. ClusterTech is not responsible for browser or DNS caching that may make Subscriber's site appear inaccessible when others can still access it. ClusterTech will guarantee only those areas considered under the control of ClusterTech:  ClusterTech's servers.
  4. Credit Request and Payment Procedures
    1. To receive a credit, the Subscriber must make a request by sending an e-mail message to sla-request@fengqi.asia. The e-mail message MUST include the domain name of the Subscriber's account in the “Subject” line. Each request in connection with this SLA must include the Subscriber's Machines ID and account number (per ClusterTech's invoice) and the dates and times of the unavailability of the service and must be received by ClusterTech within three (3) business days after the Subscriber's service was not available. If the unavailability is confirmed by ClusterTech, credits will be applied for future bill (for prepaid services, the service contract will be extended) after ClusterTech's receipt of the Subscriber's credit request. Credits are not refundable and can be used only towards future billing charges.
    2. Notwithstanding anything to the contrary herein, the total amount credited to Subscriber in a particular month under this SLA shall not exceed the maximum amount stated in the Section 2 of the affected Services. Credits are exclusive of any applicable taxes charged to Subscriber or collected by ClusterTech and are Subscriber's sole and exclusive remedy with respect to any failure or deficiency in the availability of the Services.