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Service Level Agreement

Please Note: By the use of our services you are acknowledging and accepting this Service Level Agreement.

This Service Level Agreement (SLA) covers performance guarantees for our network and server hardware, and is made between Robert Maxim International Inc. (Robert Maxim) and you (User). This document may be updated from time to time, and will be posted here. Users are responsible for checking this document from time to time, as notifications of updates will not be made.

Service Uptime

Robert Maxim guarantees a server uptime of +99.5% per calendar month. Any time the server is unavailable will be counted towards downtime. Server unavailability will not include Scheduled Maintenance and Upgrades that the User has been notified of, or any unavailability resulting from (a) the User's applications, equipment, or facilities, (b) acts or omissions of the User, or any use or user of the service authorized by the User or (d) reasons of Force Majeure.

Scheduled Maintenance Scope

Scheduled Maintenance shall mean any maintenance at the Robert Maxim data-center to which User's hosting account is connected in respect of which User shall be notified a minimum of 48 hours in advance. Notice of Scheduled Maintenance will be provided to User's designated point of contact by a method elected by Robert Maxim (e-mail, telephone or fax).

Penalties

SLA credits of monthly reoccuring hosting fees for server uptime performance:

Server Uptime SLA Credit
 +99.5%  (Guaranteed)
 99.0 - 99.5%  20%
 98.5 - 98.9%  40%
 98.0 - 98.4%  60%
 <98.0%  100%

Monitoring

It is the user's responsibility to monitor their services and ensure compliance with the SLA. Robert Maxim has up to two (2) weeks to setup the server before the SLA comes into effect and the monitoring begins.

Exceptions

This SLA guarantee does not apply to the following events:

  • the User's Internet Service Provider (ISP) experiencing network problems,
  • the Internet in general has network connectivity problems,
  • the User's server exceeds 1,000+ simultaneous connections, causing additional connections to time out,
  • if the User installs, enables or uses any unapproved additional software, program, or script installations or configurations that may jeopardize the stability of Robert Maxim servers or network,
  • if the server or CMS application is reconfigured WITHOUT the prior consent of Robert Maxim.

Claims

To make a SLA claim the User must open a Support Ticket within seven (7) days of the purported outage. The User must include service type, primary domain, contact information, and full description of the service interruption including date(s), times, duration, and logs if applicable. The SLA claim will be researched by our billing department and any credit due will be issued. SLA credits are issued as service credits on future invoices. SLA credits are specific to a User account and shall not be bartered or traded with other Robert Maxim customers. Please allow up to fourteen (14) days for the processing of SLA claims.

Damages

The User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Robert Maxim and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the User agrees that Robert Maxim shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. The User further acknowledges that Robert Maxim's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by User for services during the period damages occurred. In no event shall Robert Maxim be liable for any special or consequential damages, loss or injury.

Date modified: 2009-01-14