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myhosting.com GURU SERVICES

Service Level Agreement (“SLA”)

V.1.00 – September 2013

The myhosting.com Guru Services are subject to the terms and conditions contained in this Service Level Agreement

  1. Timely & Effective Delivery Scheduling

    SoftCom staff will communicate up-front the time required to plan and execute the SOW Services as well as schedule with the client when execution will occur and how long it should take. SoftCom will use commercially reasonable efforts to meet those deadlines. Should there be any changes, delays or other problems, SoftCom will communicate those concerns to the client in a timely fashion. In the case where timelines change, SoftCom will communicate those details no less than 24 hours in advance. Should some unforeseen circumstance occur within that window SoftCom will make commercially reasonable efforts to communicate the changes but reserves the right to reschedule SOW delivery particularly in the case where the execution success is at risk.

    SoftCom staff will notify the client within 2 hour of SOW Service completion. SoftCom requires that any problems or concerns with the SOW accuracy be reported within 72 hours upon receipt. Any reports received outside of that time will be deemed out of scope and subject to the limitations as per the Post-SOW Delivery Quality Warranty (see section 6) provided.

  2. SOW Execution

    SoftCom requires that during the SOW execution period, as per the SOW, the client is required to avoid accessing and/or changing any of the Hosted Services impacted by the work outlined in the SOW. If required, and as outlined in the SOW, SoftCom reserves the right to temporarily disable external access to the Hosted Services during the execution period to ensure delivery quality of work being performed under the terms of the SOW. SOW execution may also require downtime. SoftCom staff will advise the client of any such requirements within the SOW and communicate these to the client in a timely manner.

  3. 100% SOW Delivery Accuracy

    SoftCom will execute the agreed upon SOW to 100% accuracy and completion and notify the client when specific Services completed. At that time, the client has up to seventy-two (72) hours to confirm or decline completion of the SOW Service. Should SoftCom not hear from the client within seventy-two (72) hours, client acceptance will be deemed automatically and the particular service order will be considered closed. After that time, no additional changes can be requested and no refunds will be provided for SOW Services rendered. Should the client consider the SOW to be anything short of 100% complete, the client must provide the details missing in detail at which time SoftCom will evaluate the situation against the original terms of the SOW Services. Corrective action will be taken on those items determined to be missing at the sole discretion of SoftCom.

  4. Data Loss Prevention

    SoftCom will take commercially reasonable precautions to ensure data loss or corruption does not occur during service delivery of the SOW. In the event that data loss or corruption occurs rendering the Hosted Services inoperable due to SoftCom actions, SoftCom agents will create a backup, when possible, of the current state of data and then restore the most recent functional backup available.  Notwithstanding, the client is still solely responsible for maintaining a full and complete back-up of all data

    Backup should be no older than 24 hours.

    Should a Data Loss issue arise during the delivery of the SOW, SoftCom will discontinue all activities related to the SOW until client has confirmed in writing that SoftCom is permitted to proceed and complete the remaining work, as outlined in the SOW. Any work that resumes following a Data Loss event will be provided by SoftCom free of charge and any amounts prepaid toward the SOW will be refunded for the inconvenience. Compensation paid to the Client for any Data Loss incident will be limited to a maximum of the total fees paid under the SOW being worked on by SoftCom at the time of the Data Loss incident.

  5. Security

    SoftCom will use commercially reasonable efforts to evaluate and understand the impact any changes requested by the client, as per the SOW, will have on the Hosted Services. SoftCom will attempt to advise against changes that may compromise the security and/or integrity of the Hosted Services and reserves the right to refuse changes that may do so at any point during the delivery of the SOW.

    Any security optimizations made by SoftCom as documented in the SOW are intended to provide additional security. SoftCom is not liable for any security breach caused by 3rd party software, 3rd party website application vulnerabilities, nor for breach resulting from changes made by the customer/administrator or on behalf of the customer/administrator by 3rd parties.

  6. Post-SOW Delivery Quality Warranty

    All delivered Guru Services are provided a 1 Month Service Quality Warranty period. During that warranty period, the effects of the SOW will be supported and maintained within the scope defined in the SOW. This warranty does not cover any degradation in service resulting from additional load spikes via new traffic, new processes or additional load caused by changes made to websites, scripts or services. All Warranty claims are subject to SoftCom staff evaluation. After this Warranty period, the client assumes full responsibility for any and all Hosted Services impacted by the SOW.

    Prior to delivery of the SOW, SoftCom will disable root/admin access to the Hosted Services. This is a security measure to ensure the quality of services provided by Guru Services is maintained and to avoid updates or changes that could affect the stability and effectiveness of the services rendered. Should client require root or admin access to the Hosted Services after the SOW delivery, client must contact SoftCom’s professional service team to arrange for this access otherwise, it will void any warranties as per the SOW. Acceptance of this policy by the client fully absolves SoftCom for any liability, as outlined hereunder, for any remaining work under the terms of the SOW. Further, the client assumes sole and full responsibility for any and all aspects of the Hosted Services.

  7. Warranty Claims

    Client will need to contact ps@myhosting.com to make any warranty request. Requests are not processed over the phone, or via online chat. All warranty requests must be made within five (5) business days of the problem or outage. Warranty claims will be based only on the service affected and against the original SOW and will not include other services rendered. The maximum warranty claim will never exceed the total fees paid by the client under the terms of the specific SOW in dispute.

  8. Payment & Billing

    The purchase of Guru Service Plans will require that client agrees to the terms and conditions of the Master Service Agreement and accept full responsibility for payment of said services in full. Client is required to commit to a minimum of six (6) months for all Guru Service Plans, regardless of the billing term of any other service(s) purchased from SoftCom. Should the client request cancellation prior to the end of the initial six (6) month minimum term, client will be subject to a cancellation fee equal to the number of remaining months in the term multiplied by the monthly Guru Service Plan subscription rate subscribed to at the time of termination.

    Example

    Committed MonthsMonths UsedMonths Remaining
    = (Committed Months) -
    (Months Payed)
    Subscription FeeCancellation Fee
    = (Months Remaining) x (Subscription Fee)
    6100$39.95$0.00
    651$39.95$39.95
    633$39.95$119.85
  9. Exclusions and Disclaimers

    All guarantees and warranties provided by SoftCom hereunder are subject to the following exclusions:

    • Acts of God
    • DDoS Attacks
    • Network interruptions occurring upstream beyond our datacenters (unless that interruption is explicitly caused by myhosting.com)
    • Legal Action forcing myhosting.com to comply with any legal action against a client
    • Software updates that unforeseeably conflict with changes rendered. For example, updates will be required to Plesk/cPanel or other provided software from time to time as deemed by those vendors to be of critical security importance. myhosting.com does not guarantee that no issues will occur as a result of such updates. We will work with customers to resolve any issues as a result of updates under usual support practice but this cannot be claimed under Warranty.
  10. Other Details
  11. All guarantees and warranties referenced hereunder are subject to any and all terms and limits, as imposed in all of the other Service Agreements and policies agreed to by the client, at the time of sign-up and as they may change or be added from time-to-time with the clients’ continued use of the service deemed acceptance of any such updates/changes. If any conflicts arise, the terms and conditions of the Master Service Agreement signed by the client will govern.

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