Service Level Agreement

This service level agreement is hereby made part of the Terms of Service between Client and MetaVpsPlus.   In the event of any conflict between this Agreement and the Terms of Service the Terms of Service shall control.

MetaVpsPlus is a world leader in webhosting services. We are committed to providing you with a reliable, high-quality server and related services together with world class support. As part of this commitment, MetaVpsPlus is pleased to offer eligible customers the following Service Guarantees.

Client, or its representatives, must cooperate with MetaVpsPlus in the account initiation process; including the true and accurate completion of an order form containing detailed account information and progressive contact listings. Changes in an order made by or on behalf of Client or the occurrence of events outside the reasonable control of MetaVpsPlus, such as those listed in Force Majeure, may result in failures or delays for which MetaVpsPlus is not responsible hereunder.

Guarantees

Virtual Private Server Availability Guarantee

MetaVpsPlus guarantees 99.95% VPS Availability as measured below. Replacement of failed server components shall be performed at no cost to the customer including but not limited to components such as drives, switches and power supplies. VPS Availability is calculated based upon both log-in access and DNS access to the VPS.

Infrastructure Availability Guarantee

MetaVpsPlus guarantees 99.95% MetaVpsPlus Infrastructure Availability as measured below. Infrastructure includes HVAC and electrical power to your VPS . Infrastructure Availability is calculated based upon the provision of such services to the Data Center within which your VPS is located.

Network Availability Guarantee

MetaVpsPlus guarantees 99.95% MetaVpsPlus Network Availability as measured below. Network Availability includes both incoming and outgoing bandwidth and is calculated based upon the level of connectivity to your VPS. MetaVpsPlus monitors Network availability on a 24 hour basis.

Service Credit Guarantee

In the event of any performance failure at a level above that set forth in the Guarantees above, Client’s account shall be credited with service credits for the service in question in an amount equal to one full day of charges for that service for each 15 minutes of downtime.

Definitions

“Force Majeure” means acts beyond the reasonable control of MetaVpsPlus, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, earthquakes, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays.

“Infrastructure Availability” consists of the number of minutes that HVAC and electrical power is available to Client’s VPS within the data center where Client’s VPS is located.  Infrastructure Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than MetaVpsPlus; or (d) Force Majeure.

“MetaVpsPlus Network” means the telecommunications/data communications network and network components owned, operated or controlled by MetaVpsPlus. MetaVpsPlus Network does not include customer premises equipment or any networks or network equipment not operated and controlled by MetaVpsPlus.

“Network Availability” consists of the number of minutes that the MetaVpsPlus Network is available to Client and does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than MetaVpsPlus; or (d) Force Majeure.

“VPS Availability” consists of the number of minutes that your MetaVpsPlus’ VPS  is available to Client and does not include any number of minutes that MetaVpsPlus’ VPS was unavailable associated with any Scheduled Maintenance to the VPS. VPS Availability does not include time related to the replacement of failed components. VPS Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than MetaVpsPlus; or (d) Force Majeure.

“Scheduled Maintenance” shall mean any maintenance of MetaVpsPlus’ Network (or portion thereof) to which Client’s VPS is connected which is performed during a standard maintenance window from 3:00AM to 6:00AM (East time). Customers will be notified of such Scheduled Maintenance a minimum of 2 days prior to the commencement any Scheduled Maintenance.

“Virtual Private Server” (“VPS”) is a method of splitting a server such that it functions much like a server environment without requiring the space or computing power of an entire server. Each virtual server can run its own full-fledged operating system, and each server can be independently rebooted.

Service Credit Claim Process

Client may make a request for Service Credit at any time during the Agreement as long as Client’S Account with MetaVpsPlus is in Good Standing. In the event of the submission of any such request, Client will be notified via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, MetaVpsPlus will issue Service Credit to Client’s account, to appear on the next invoice issued. Multiple Service Credits will not be given for the same period of time, ie; failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of Service Credits for problems occurring in a month may not exceed the Monthly Recurring charge actually paid by Client for service during that month. Service Credits will be credited against a Client’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.

The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by Client with the terms and conditions of its agreement with MetaVpsPlus, and the failure of Client to comply with those terms and conditions may invalidate MetaVpsPlus’ guarantees provided herein. No credit is available for a Client (a) that is blocking MetaVpsPlus from monitoring Client’s equipment; (b) that does not provide the necessary access to personnel and facilities at the premises to enable MetaVpsPlus to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with MetaVpsPlus. MetaVpsPlus is not liable for failure to fulfill its obligations hereunder if such failure is due to (a) Client’s use of bandwidth in excess of the amount specified in Client’s Agreement with MetaVpsPlus, (b) Client’s tampering with any equipment, or (c) acts beyond MetaVpsPlus’ reasonable control. This Service Level Agreement is not binding upon MetaVpsPlus as part of Client’s contract unless it has been approved by MetaVpsPlus.