SERVICE LEVEL AGREEMENT

SERVICE LEVEL AGREEMENT (SLA)

The service level agreement of Kmwebsoft [here after referred to as "KMWEBSOFT"].
This agreement describes the standard level of service that all hosting(Dedicated Server,VPS,Shared Hosting,Shoutcast Hosting) customers can expect from Kmwebsoft It attempts to quantify the levels of service that all hosting customers can expect, and the remedies we offer if we fail to provide service at those levels.

Kmwebsoft has as main objective to provide the content of the hosted site available (uptime) for access from anywhere in the world, anytime. The service downtime is defined as the loss of all Kmwebsoft plans from its backbone providers. We do not constantly check the websites we host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions. It is therefore the responsibility of the client to ensure their website is operating as it should. Downtime is measured after the notification by the customer via the ticketing system of kmwebsoft.com about the inactivity, the moment of the interruption. If it is impossible to access the ticketing system, then a call should be made to the Customer Service Department of Kmwebsoft. The System Administrators of kmwebsoft will determine the end of downtime.

Note: Service unavailability caused by denial of service attacks, extreme amounts of traffic in a short period of time, and/or other Denial of Service techniques is not included in uptime/downtime calculations (see below).

Network Availability
Service unavailability resulting from network unavailability will not be included in the Service Availability calculation. Network unavailability is defined as kmwebsoft inability to pass incoming and outgoing TCP/IP traffic, including but not limited to backbone problems, problems on the customer's portion of the network, interruptions of service caused by denial of service or similar attacks or other forms of intrusion.

Hardware Failure
In the event of a Kmwebsoft server hardware failure, Kmwebsoft shall replace or repair hardware within twenty-four hours of Kmwebsoft's determination that the hardware has failed. Such hardware failure, and repair and replacement of the hardware and the associated downtime shall not affect the Service Availability calculation.

Scheduled Maintenance
To guarantee optimal performance of the infrastructure, it is necessary for Kmwebsoft to perform routine maintenance on the servers. Such maintenance often requires taking Kmwebsoft servers off-line, typically performed during off-peak hours. Kmwebsoft will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Such unavailability is not included in the Service Availability calculation.

Refund for Non-compliance - Infrastructure Availability
For each .1% of Service availability falling below the guaranteed 99.9% up-time guarantee, upon your notification (described below), Kmwebsoft will provide you with a credit in the amount of 10% of that month's paid regular service charges. To receive the credit you must send a request with your account IP, including all dates and times of server unavailability, using our support system , in the month immediately following the month for which the refund is requested. Kmwebsoft will then compare the information provided by you to the server availability monitoring data Kmwebsoft maintains and notify you of the issuance of any credit. A credit is issued if the unavailability warranting the refund is confirmed by Kmwebsoft server monitoring data.

Maximum Total Refund
The total refund to you for any account may not exceed 50% of the monthly fees paid for that account during the month for which the refund is to be issued.

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