1. Introduction to availability SLA

    1.1    This Annex 1 sets out the Provider's availability commitments relating to the Hosting Services.

    1.2    In this Annex 1, "uptime" means the percentage of time during a given period when the Hosting Services are available at the gateway between public internet and the network of the hosting services provider for the Hosting Services.

  2. Availability

    2.1    The Provider shall use all reasonable endeavours to ensure that the uptime for the Hosting Services is at least 99.95% during each calendar month.

    2.2    The Provider shall be responsible for measuring uptime, and shall do so using Pingdom website and performance monitoring (www.pingdom.com).

    2.3    The Provider shall make uptime measurements available to the Customer on request within 1 Business Day.

  3. Service credits

    3.1    In respect of each calendar month during which the Hosting Services uptime is less than the commitment specified in Paragraph 2.1, the Customer shall earn service credits in accordance with the provisions of this Paragraph 3.

    3.2    The service credits earned by the Customer shall be as follows:

    From To Service credit
    > 21.56 minutes <= 1 hour 1 day
    > 1 hour <= 4 hours 1 week
    > 4 hours   1 month

    3.3    The Provider shall deduct an amount equal to the service credits due to the Customer under this Paragraph 3 from amounts invoiced in respect of the Charges for the Hosting Services. All remaining service credits shall be deducted from each invoice issued following the reporting of the relevant failure to meet the uptime commitment, until such time as the service credits are exhausted.

    3.4    Service credits shall be the sole remedy of the Customer in relation to any failure by the Provider to meet the uptime guarantee in Paragraph 2.1.

    3.5    Upon the termination of the Contract, the Customer's entitlement to service credits shall immediately cease, save that service credits earned by the Customer shall be offset against any amounts invoiced by the Provider in respect of Hosting Services following such termination.

  4. Exceptions

    4.1    Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether the Provider has met the uptime guarantee given in Paragraph 2.1:
    (a) a Force Majeure Event;
    (b) a fault or failure of the internet or any public telecommunications network;
    (c) a fault or failure of the Customer's computer systems or networks;
    (e) any breach by the Customer of the Contract; or
    (f) scheduled maintenance carried out in accordance with the Contract.