SLA: Hosting

Coverage and Terminology

This Service Level Agreement (SLA) applies to you ("customer") if you currently hold a hosting account ("service") with Pukunui Technology and your account is current (i.e. not overdue).

As used herein, the term "Web Site Availability" 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 customer's Web site is available for access by third parties via HTTP and/or HTTPS, as measured by Pukunui Technology.

Service Level

Objective:
Pukunui Technology aims to achieve 100% Web Site Availability for all customers.

Remedy:
Except under the conditions mentioned in the next section below, if the Web Site Availability of customer's Web site is less than 100%, Pukunui Technology will issue a credit to customer according to the following table:

Web Site Availability

Total Downtime in a 30 days calendar month
Credit Percentage

99.9 to 100%

0 to 43.2 minutes

0%

98% to 99.8%

43.2 mins to 14 hrs 24 mins

10%

95% to 97.9%

14 hrs 24 mins to 36 hrs

25%

90% to 94.9%

36 hrs to 72 hrs

50%

89.9% or below

more than 72 hrs

100%

The credit will be calculated based on the monthly service charge for the affected Services.

Maintenance Procedure

Pukunui Technology will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.

Pukunui Technology reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

Conditions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  1. circumstances beyond Pukunui Technology's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, 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) 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 Pukunui Technology's Network or it's upstream providers, unless such failure is caused solely by Pukunui Technology;
  3. scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of Pukunui Technology;
  5. issues with FTP, POP, IMAP, or SMTP customer access;
  6. false SLA breaches reported as a result of outages or errors of any Pukunui Technology's measurement system;
  7. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), 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 Pukunui Technology's Terms of Service and Acceptable Use Policy;
  8. e-mail or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. outages elsewhere on the Internet that hinder access to your account. Pukunui Technology is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Pukunui Technology will guarantee only those areas considered under the control of Pukunui Technology : Pukunui Technology server links to the Internet, and Pukunui Technology's servers.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefore by emailing info@pukunui.com. Each request in connection with this SLA must include customer's account name (per customer's control panel login) and the dates and times of the unavailability of customer's Web site and must be received by Pukunui Technology within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Pukunui Technology, credits will be applied within two billing cycles after Pukunui Technology's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Pukunui Technology and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.

Note: Credits are not refundable and can be used only towards future billing charges.

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