E-Mail Hosting Service Level Agreement
ANY REFERENCE TO “COMPANY” WITHIN THIS AGREEMENT SHALL BE UNDERSTOOD TO MEAN INSYNC BUSINESS GROUP, LLC.
THIS SERVICE LEVEL AGREEMENT DEFINES THE SERVICE LEVELS PROVIDED TO YOU BY THE COMPANY.
Capitalized terms used herein but not otherwise defined shall have their respective meanings set forth in the Master Service Agreement (the “Agreement”). The term “You” shall have the definition set forth in the Agreement. In the event of any conflict between this Service Level Agreement and the Agreement, the Agreement shall govern.
In exchange for the subscription cost selected via the Company’s order form (the “Hosting Fee”), the Company will provide the following services (collectively, the “Services”) for the primary domain name (the “E-Mail”) identified during the Service purchase request, to which the Hosting Fee was applied:
(a) Activate purchased Services no later than 24 hours after the initial payment is processed by the Company.
(b) Once activated, make the Services available to Internet users at all times, except during scheduled maintenance downtimes.
(c) Provide the agreed upon data storage and bandwidth limits for the use of E-Mail services.
(d) Maintain a high-speed, reliable Internet connection capable of handling all E-Mail traffic.
(e) Back up E-Mail data weekly and store the back-up materials in a secure location suitable for such materials.
(f) Provide You with unlimited hours of technical support relating to the hosting services purchased, each month.
(a) The Company will perform any routine maintenance services or repairs as reasonably necessary to maintain the operation of the Services. All routine maintenance will be scheduled between the hours of 12am to 5am Eastern time in order to minimize disruption of the Services during peak times. If any extra maintenance is required outside of these hours, the Company will notify You via electronic mail at least 48 hours’ in advance.
(b) Under certain circumstances the Company may need to perform emergency maintenance, such as security patch installation or hardware replacement. The Company will not be able to provide You with advanced notice in case of emergency maintenance.
3. SERVICE AVAILABILITY.
(a) The Company shall work to provide at least 99% Service Availability, measured on a per calendar-month basis. Service Availability is defined as the ability of a user to access Your Services, provided that Your account is active, in good standing and enabled.
(b) In the event that Services become unavailable to You, at no fault to You, the Company will utilize all available resources to resolve the Service interruption as quickly as possible.
(c) Unavailability caused by issues beyond The Company’s reasonable control, including denial of service or similar attacks, mail bombs, DNS resolution, Domain Name expiration, Internet availability, SYN attacks, and other events or any other Force Majeure event will be excluded from Service Availability calculations.
(d) Routine and emergency maintenance windows are excluded from Service Availability calculations.
(e) The Company is not required to provide partial or full reimbursement of the Hosting Fee for any Service interruption, unless deemed reasonably appropriate by the Company.
4. PAYMENT TERMS.
(a) The Company will invoice You the Hosting Fee on a yearly basis. Invoices must be paid as outlined in the Master Service Agreement.
(b) All invoices will reflect any activities, services, fees, etc. from the previous year only. If, after ten (10) days beyond the deadline referred to in your payment terms, Company may, at its discretion, apply a late fee to the existing invoice total. If, after thirty (30) days beyond the deadline referred to in your payment terms, Company has not received payment, Company may suspend Your access to the Services. During this suspension, incoming email as well as existing data will not be affected. After forty five (45) days of non-payment beyond the deadline referred to in your payment terms, Company shall have the right to immediately terminate this Agreement to include permanently deleting all associated stored data, accounts and access.
(c) The fees set forth in the order form created at the outset of Your account shall be effective for the Initial Term and each Renewal Term of this Agreement, provided, that Company shall have the right to increase these fees at any time upon thirty (30) days’ written notice to You. In the event that You do not agree with such fee increase, You shall have the right to terminate this Agreement upon thirty (30) days’ written notice, provided, that such notice of termination must be received within thirty (30) days of date of notice of the fee increase.
5. EXCESS USE.
You shall monitor and maintain Your accounts within all plan-specified limits and in a manner that does not disrupt the activities of other Company customers. In the event Your usage exceeds the limits for Your account or may disrupt the activities of other Company customers, You agree Company may, in its sole discretion, (i) charge You for such excess usage via Your credit card, or by invoice if You have been accepted into a check paying program, (ii) upgrade You to a plan or increase the limits on Your account to address this excess usage, and/or (iii) suspend or terminate Your account for cause. Usage and associated charges for excess usage shall be determined based solely upon Company’s collected usage information. Unused monthly allotments shall not accrue or carry over from one month to any other month. Upon any upgrade or increase on the limits of Your Account, You shall be responsible for the new costs and fees.
6. MODIFICATION OF TERMS.
Company may update, amend, modify or supplement the terms and conditions of this Agreement from time to time without notice to You. You can review the most current version of this Agreement at any time at: (http://insyncbusinessgroup.com/our-company/legal).
Revised February 1, 2016