1 Service Level Agreement - Provision of Service
1.1 Continuum guarantee up-time in each month of 100%.
1.2 The Service Level Agreement covers virtual server and network availability. The network is considered available when the majority of the Internet is accessible. We have multiple Tier-1 network connections to minimise the risk of third party failures causing major network outages, though their may be brief pauses while the Internet re-routes traffic.
downtime is calculated on the basis of a calendar month. Should we not achieve our up-time target our customers will receive credit on the monthly invoice for each Virtual Server affected.
1.3 The credit will be calculated on the following basis:-
- < 100% 5%
- < 99.95 10%
- < 99.90 15%
- < 99.85 20%
- < 99.80 30%
1.4 If there are multiple down times in the same service period, the time is added together. e.g. 2 down times each lasting 2 minutes each would count as 4 minutes of downtime in a month giving credit of 5%. Should the customer render the server inoperable due to overload, or software configuration etc. this is not covered by the SLA.
1.5 The SLA will not cover down time due to breach of the Acceptable Use Policy 2 Service Level Agreement - Data Storage, Back Up & Security
2.1 Continuum Hosting's architecture ensures high levels resilience through multiple location data, nightly backup, file restoration and fail over migration. We have no knowledge of the data you store in your hosted environment, including the quantity, value or use of the data. The customer is responsible to take all reasonable steps to mitigate the risks inherent in the provision of the Services, including data loss. The Services provided assist mitigate such loss are at the core of Continuum's ethos and includes :
- data mirrored in real time to a local file server (iSCSI SAN)
- data backed up nightly to an off site location
- file restoration
2.2 The Continuum control panel facilitates management of your environment, the client accepts responsibility to manage the environment and to take steps to mitigate loss of data, interruption of service or any element disruptive to the hosting service.
2.3 In the event of any loss of data Continuum will use best commercial efforts to restore all the data on our servers from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your material caused by you or any authorised third party.
2.4 Continuum Hosting's maximum aggregate liability for loss of data, or loss of backups covered by this contract, tort (including negligence) or otherwise, shall in no circumstances exceed three months net invoice for the Services averaged over twelve (12) months preceding the event giving rise to the liability in question.
2.5 Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services.
2.6 Continuum Hosting are committed to provide the highest levels of security for customers hosting environment. Due to the speed that security techniques evolve we are unable to detail those measures, however we are happy to receive requests for further information.
3 Events outside our control
3.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
3.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
3.2.1 Misuse, alteration or interference by you or any third party of our systems (including virus and hacker attacks).
3.2.2 Industrial action
3.2.3 Civil commotion, riot, invasion, threat of terrorist attack, war (declared, undeclared, threat, or preparation of)
3.2.4 Fire, explosion, storm, flood or other natural disaster.
3.2.5 Impossibility of the use of public or private telecommunications networks; and acts, decrees, legislation, regulations or restrictions of any government.
3.3 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.