Service Level Agreement

Definition of Terms

"5quidhost" refers to "5quidhost Ltd" (company number SC320459) whose registered office is: Westpoint, 4 Redheughs Rigg, South Gyle, Edinburgh EH12 9DQ

"Supplier" has an identical definition as for "5quidhost" above.

"We" has an identical definition as for "5quidhost" above.

"we" has an identical definition as for "We" above.

"Account" is defined as the provision of an amount of data storage and processing capability on servers operated by 5quidhost in the carrying out of its business activities as a web hosting provider. In the case of Virtual Private Server or Dedicated Server hosting, "Account" refers to the Virtual Private Server or Dedicated Server provided by 5quidhost to the Client.

"Account Holder" is defined as the person, persons, company or organisation under which an order for an Account has been placed and fulfilled, regardless of whether a financial sum has been paid in exchange for that order fulfilment.

"Client" has an identical definition as for "Account Holder" above.

"Connectivity" means the provision of data transport between the Account and the Internet.

"Downtime" means a period of time commencing when the Client notifies the Supplier that the Account has experienced a loss of Connectivity by reason of a failure on the part of the Supplier to provide such Connectivity, which includes the following:

total loss of Connectivity between the Account and the Internet as defined as the inability of the Account (or hardware on which the Account is hosted) to respond to external "ping" requests.

but excludes for the avoidance of doubt periods of apparent Downtime by reason of:

99.9% Uptime Guarantee

This agreement is made between the Client and Supplier and is in addition to the terms and conditions agreement under which all service is supplied by the Supplier to the Client.

Downtime must be reported by the Client at the time of the Downtime to allow the Supplier to reasonably fulfil its obligations under this Service Level Agreement.

For any Client in good financial standing (as determined soley by the Supplier) the Supplier will endeavour to ensure that Connectivity to the Account will be maintained for at least 99.9% of the total minutes in any calendar month.

If Connectivity to the Account is not maintained for at least 99.9% of the total minutes in any calendar month, as determined solely by the Supplier's monitoring systems and third party monitoring systems engaged by the Supplier, in response to a report of Downtime from the Client the Client shall be entitled to apply for a service credit calculated as follows:

C = Minutes of Downtime / Minutes in Calendar Month * Days in Calendar Month, rounded up to the nearest whole day.

C will be rounded up to the nearest integer value of days.

The value of 'C' will be a minimum of 1 day (24 hours) and the maximum value will be 14 days. The value of credits issued for periods of Downtime in any one calendar month will not exceed 14 days.

Periods of Downtime reported within 1 hour of each other will count as a single instance of Downtime for the purposes of the calculation of credits to be issued.

Each instance of downtime must in itself be longer than 0.1% of the total minutes in the calendar month in question. Periods of downtime shorter than this will not be eligible for a service credit.

To be eligible for a service credit, downtime must be reported at the time it occurs. Retrospective reports will not be eligible for service credits.

No cash refund will be given, service credits will be applied to extend the period of the provision of the Account to the Client.

By way of example only, a period of downtime of 60 minutes in a calendar month with 30 days results in:

60 / 43200 * 30 = 0.0416666667, which is rounded up to a 1 day credit.

If three such separate instances occurred in the calendar month in question, 3 days of credit could be claimed.


99.98% Uptime Guarantee

This agreement is made between the Client and Supplier and is in addition to the terms and conditions agreement under which all service is supplied by the Supplier to the Client.

Downtime must be reported by the Client at the time of the Downtime to allow the Supplier to reasonably fulfil its obligations under this Service Level Agreement.

For any Client in good financial standing (as determined soley by the Supplier) the Supplier will endeavour to ensure that Connectivity to the Account will be maintained for at least 99.98% of the total minutes in any calendar month.

If Connectivity to the Account is not maintained for at least 99.98% of the total minutes in any calendar month, as determined solely by the Supplier's monitoring systems and third party monitoring systems engaged by the Supplier, in response to a report of Downtime from the Client the Client shall be entitled to apply for a service credit calculated as follows:

C = Minutes of Downtime / Minutes in Calendar Month * Days in Calendar Month, rounded up to the nearest whole day.

C will be rounded up to the nearest integer value of days.

The value of 'C' will be a minimum of 1 day (24 hours) and the maximum value will be 14 days. The value of credits issued for periods of Downtime in any one calendar month will not exceed 14 days.

Periods of Downtime reported within 1 hour of each other will count as a single instance of Downtime for the purposes of the calculation of credits to be issued.

Each instance of downtime must in itself be longer than 0.01% of the total minutes in the calendar month in question. Periods of downtime shorter than this will not be eligible for a service credit.

To be eligible for a service credit, downtime must be reported at the time it occurs. Retrospective reports will not be eligible for service credits.

No cash refund will be given, service credits will be applied to extend the period of the provision of the Account to the Client.

By way of example only, a period of downtime of 10 minutes in a calendar month with 30 days results in:

10 / 43200 * 30 = 0.0069444444, which is rounded up to a 1 day credit.

If three such separate instances occurred in the calendar month in question, 3 days of credit could be claimed.

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