service level agreement
The following Service Level Agreement1 (hereinafter referred to as the "Agreement") is made between cafeOui.net, dba ServerCafe.net (hereinafter referred to as "cafeOui.net") and ___________________________________________ (hereinafter referred to as "Customer") and shall be effective as of the date Customer's account is established on any cafeOui.net server. As used in this Agreement, "you" or "your" refer to you, the Customer and "we", "our" or "us", cafeOui.net. Both cafeOui.net and Customer are referred to collectively as the "Parties". By signing this Agreement you acknowledge that you have read, understand, and agree to our terms.
General
cafeOui.net
strives to provide the best quality of service to our customers. We guarantee
that our internal network connectivity2, server programs3,
and hardware4 will be up and working at least 99.9% or better
in any given month. This means you should not experience a downtime of
more than 43 minutes in any given month counted from the first day of
every month. This uptime guarantee excludes any scheduled maintenance
work5 that may, unfortunately, force the downtime for a period
of time until the maintenance work is done. We are proud to offer you
a service credit6 of 5% of your hosting fee for that month
for any 0.2% (or 1 hour 26 minutes in any given month starting from the
first month) of downtime beyond our uptime guarantee of 99.9%.
Shared Hosting Customers
cafeOui.net shall do regular daily and weekly courtesy backups of our customer's data into our backup server. On the
rare event of hardware failure and our inability to restore the most recent7 backup to you, you are entitled
to a prorated refund of the unused days remaining of your prepaid service. Backups are not guaranteed to be
performed nor are they guaranteed to be restorable.
Dedicated Server Customers
Unless otherwise agreed, cafeOui.net does not provide data backup service to our dedicated server customers. Customer
is responsible for customer’s own data backup and will not hold cafeOui.net liable in the event customer’s
data is lost, even in the event of a hardware/power problem resulting in such data loss. In the event of a hardware
problem, once the problem has been identified, cafeOui.net will replace the failed hardware and restore service within
12 hours.
2. We are only responsible to keep and maintain our internal network connectivity. By internal network we mean the data center and all of its connectivity from its uplink providers going into the data center. We shall not be held responsible for any connectivity problems caused in other networks outside of our internal network not within our control. We define continuous packet losses originating inside our internal network of more than 50% for over 3 hours as a loss of connectivity equal to 0.1% of downtime. We also define sporadic packet losses, originating inside our internal network of more than 50% sporadically for duration of tweleve hours, as a loss of connectivity equal to 0.1% of downtime. It is your duty to provide us with a proof of any loss of connectivity and/or other problems inside of our network.
3. Assuming that you have configured everything correctly, at the very least, we guarantee the working of our DNS Servers, Web Servers, SQL Servers, and Mail Servers when such services are provided to customers.
4. By hardware we mean all hardware related to the optimal performance of our network connectivity (routers, switches, firewalls, etc) and of our server (physical hardware such as hard drives, CPU, etc).
5. At our sole discretion, scheduled maintenance should be announced at least 24 hours before the maintenance work will be executed. Under extreme emergency (such as DOS attack, security breach, etc.), we may perform a scheduled maintenance without prior announcement. In this case, the downtime period should be counted only until we begin performance of such emergency maintenance.
6. In order for you and us to keep track of this you will need to send your support request through our support ticket system only. Service credit refund is up to 100% of your monthly fee. It is your responsibility to ask for a service refund.
7. The most recent backup is the backup done on the previous day before the data backup is requested.
TOS::rev 1.5, 15 April 2006
