Service Level Agreement (Last Rev. 11/01/2012)

Coverage

This web site availability Service Level Agreement (SLA) applies to you if SurpassHosting.com, LLC (hereafter referred to SurpassHosting, we, us or our) is providing Service to you and your account is in good standing. Terms not defined in this SLA have the meaning given to them in your agreement with SurpassHosting.

Service Level

SurpassHosting endeavors to have network connectivity available by http access by third parties 99.9% of the time (Web Site Availability).

Credits

In the event that there is no Web Site Availability, SurpassHosting will credit your account with the monthly Fee for the Service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit will not exceed the monthly Fee for the month during which SurpassHosting does not meet the Web Site Availability:

In order for you to receive a credit, you must request the credit within seven business days after you experienced Web Site Unavailability. Web Site Unavailability means: your web site is not responding to http requests, or unavailable via the http protocol. You request credit by sending a request to our billing department through our helpdesk (core.desk@surpasshosting.com). The message must originate from the primary email we have in our records for you, and contain your domain name, the dates and times of the unavailability of your web site, and any other customer identification requested by SurpassHosting. Credits will typically be applied to your account within sixty days of your credit request. This credit is your sole and exclusive remedy for our failure to meet the Web Site Availability SLA. The statistics generated by our internal monitoring services are the final determination of the uptime of our service, and not any one client's experience.

Restrictions

Credits will not be provided to you in the event that you have no Web Site Availability because of: (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond SurpassHosting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, DDoS attacks (distributed denial-of-service), unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for the Services.

Dedicated Server Restore

SurpassHosting does not restore your data to the server and is not responsible for loss of your data. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. SurpassHosting shall not be liable for loss of data under any circumstance.

Hardware Replacement

Hardware replacement will occur within 1-2 hours from your report of a problem. SurpassHosting will refund 5% of the Fee for each additional 2 hours of down time (up to 100% of your Fee). In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must contact our sales department through our helpdesk. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST.

Service Level Agreement - Backup Retention Policy

Shared Hosting Backups

For its own disaster recovery purposes, SurpassHosting performs daily and/or weekly backups on all of our shared servers to ensure that OS level files are never lost. Because these backups are designed for our own use, should you request a restore, as set out in the next paragraph, we do not warrant or guarantee that any data will be available to you.

Backup services are not failsafe. As a result, it is critical that you always have a secondary backup for redundancy. If you request a restore for a data loss due to an error beyond our control, you will be charged a one-time fee of $50.00. If your account or data is lost due to hardware failure, we will restore your files at no additional charge. We cannot ensure 100% recovery, but we will make commercially reasonable efforts to capture data that is made available to our software. The modest charge for backup restoration provides a measure of security for you and compensates us for the time it takes to restore your files. When we restore data, it is only a bare metal restore. You are responsible for formatting.

VPS/Dedicated Server Backups

For VPS accounts, we highly recommend the purchase of a remote FTP storage account to configure your server to take backups locally and then FTP them to the remote storage space. Should anything happen to your VPS account, the remote backups would remain intact and available to you as well as to our Technical Support team. Apart from this measure, we also recommend that you maintain at least 1 copy of your data on your local home and/or office machine for improved data redundancy and disaster recovery.

For dedicated server accounts, we highly recommend that your purchase backup options for your server, and keep copies of your data off-site for emergency purposes. You can either purchase a secondary or tertiary drive to maintain your backup data locally or you can purchase a remote FTP storage account. If hardware failure and data loss occur, you are responsible for data restoration. SurpassHosting shall not be liable for loss of data under any circumstance.

If you choose to enable backups on your local disk or VPS partition, the space the backups take will count towards your total usable space on that disk. Should that disk fail, be hacked, or otherwise become corrupt, SurpassHosting will not be held liable for lack of backups of your data.

Your data is the backbone of your business and we urge you to take the industry standard precautions in securing that data. Please contact our Sales team if you have any questions.

Service Level Agreement - Ticket Response Time

The following terms and conditions of this SLA apply to all clients who purchase Managed Hosting from us.

Response Time SLA

SurpassHosting guarantees its customers will be provided with live technical support twenty-four hours per day every day of the year. All customers with a managed service level are covered by our forty-five minute initial response time guarantee for Level 1 support. Monthly uptime is based on a 30-day month, or 720 hours per month. This guarantee covers all requests that are submitted through a trouble ticket to our Level 1 support department either through our help desk system or the customer’s portal (core.desk@surpasshosting.com). SurpassHosting's support department will respond to all properly submitted requests within the response times set out below. In the event that SurpassHosting fails to respond to any properly submitted request within the response times provided below, Customer shall be entitled to receive a Fee credit of 5% of the Customer’s anticipated monthly uptime, per incident in a given month, up to a maximum 100% of monthly Fee payable by Customer. This guarantee means that all initial support requests will be responded to within forty-five minutes, but does not mean that the issue will be resolved within that time. This guarantee does not include response times during a network outage or an issue which may affect the network infrastructure. The credit will be applied to the invoice subsequent to the report and verification of the incident. You must request the service credit within seven business days from the incident in which the response time was not met. The message must originate from the primary email we have in our records for you, and contain your domain name, the dates and times of the unavailability of your web site, and any other customer identification requested by SurpassHosting. The ticket must include Customer's account information, and the ticket number in which the response time was not met by SurpassHosting's support department and/or the dates and times that the incident(s) occurred. The request will be reviewed by a member of SurpassHosting's staff to make sure the request is valid, and you will receive notification of a service credit approval or denial.