Service Level Agreement
The WSI India data Service Service Level Agreement (“SLA”)
applies to all web hosting services. This SLA serves to mutually
establish eligibility for any applicable Performance Credit and is to be
understood in context of our Terms of Service, which is available on our
website or upon request. The client agrees that WSI India Data Service
establishes the internal measures that apply and are subject to eligible
performance credit. In the event of a discrepancy in application of the
internal measurements, the customer shall promptly notify WSI India and
the customer and WSI India will agree on the validity of the claim,
accuracy of the internal measurement and clients eligibility for
performance credits.
This SLA may be amended at any time by WSI India Data Service.
Copies of the SLA shall be made available on our website and upon
request.
1. Definitions
1.1. Normal Order - an order for a dedicated server, VPS Server,
Hybrid Smart Server or cloud service that is offered on the website and
that has not been customized when ordering and which require no physical
change or special configurations. Any configurations from the website
that are customized will be considered a custom order.
1.2. Custom Order – an order for a customized service outside the
scope of a normal order. Customized service and defining of a customized
service is the full discretion of WSI India.
1.2.1. Examples of Custom orders are:
1.2.1.1. Physical changes to an existing order i.e. to downgrade
or upgrade an existing order
1.2.1.2. Custom installation of a private cloud and Hybrid Smart
Server/or Clustering and/or Load balancing
1.2.1.3. Any custom network configuration
1.2.1.4. Solutions from our team manager
1.2.1.5. Data migration
from one system to another
1.2.1.6. Custom software
installation
1.2.2. For Custom
Orders, including custom hardware configurations, hardware upgrades,
complex configurations and similar, WSI India will work with the
Customer to implement the services based on mutually agreed upon
timelines. WSI India may provide an estimated completion timeframe for
installing services under a custom order. Customer hereinafter agrees
that the estimated timeframe is an estimate and not a guarantee of
timeframe completion. This timeframe is offered as a convenience for the
customer and WSI India is not held accountable for not meeting an
estimated deadline in this context.
1.3. Uptime
1.3.1. Network Downtime
– Network downtime is a failure of our equipment and a packet loss
higher than 90%. The measurements of packet loss are in the sole
discretion of WSI India.
1.3.2. Power Outage - A
power outage and outage to the backup system whereby the outage renders
the customer offline.
1.3.3. Maintenance -
Emergency maintenance and schedule maintenance, which are referred to in
our existing Terms of Service.
1.3.4. Standard Hardware
Replacement - The replacement of any server hardware component such as,
but not limited to, hard drives, memory or processors substantially
affecting the performance of the Services, after having been determined
by WSI India in its reasonable discretion to require replacement.
Timeframes under this portion of the SLA do not pertain to Custom
Orders.
1.3.5. Major Force –
Without limiting the extent of the limitations of liability already
stated herein, WSI India hereby explicitly makes known to the Customer
that WSI India does not undertake to remedy, indemnify or repair any
injury or damage resulting from Force Majeure.
1.3.6. Verified Outage – This means a claimed outage for a
particular Service that has been verified by a WSI India representative.
1.3.7. Services – This
means a service ordered by the customer and provided by WSI India as
outlined by or Terms of Service.
1.3.8. Claimed Outage – This means the period of time (measured
in minutes at the discretion of WSI India) during which the customer
claims a loss of service within the specific measurement period.
1.3.9. Time Guarantee
1.3.9.1. First Response
to Support Ticket - A response from WSI India that acts as an
acknowledgment of receipt of the support ticket. This is only valid if
the support ticket is sent to the proper department account. If the
client opens multiple support tickets for the same incident, the initial
ticket response time is taken into account and not the latter.
1.3.9.2. Service Level
Agreement Credit (“SLA Credit”) – A credit to the customers account that
is received for a breach of SLA. The credit may be utilized for present
and future services subject to the Terms of Service Policy and the SLA.
2. General Terms of
Service as it pertains to the SLA – To be understood in conjunction with
our existing policies.
2.1. For an SLA credit
to be granted and applied, the customer must submit a request for credit
within 10 days of the incident. WSI India is not responsible for
applying credit without customer notice.
2.2. The request for
credit must detail the exact nature of the incident so that WSI India
can rectify the incident accordingly. In the event that the sufficient
information is not provided, WSI India cannot be held responsible for
excessive delays in rectifying the incident. Sufficient information is a
discretionary in nature and subject to WSI India interpretation.
2.3. SLA Credit is
limited to the monthly value of the service that has incident or if the
SLA has been breached. The value of the SLA Credit will be evaluated on
a monthly basis. No further costs related to the interruption of
services will apply nor will SLA Credits be granted for anything other
than the service interrupted. For SLA Credits to be applied, the
Customer account must be up to date. Failure to maintain an updated
account will render SLA Credits inapplicable.
2.4. In the case of
breach of SLA or our Terms of Service Agreement, SLA Credits will not
exceed one-hundred percent (100%) of the service in question.
2.5. SLA Credits are
only applicable to current or future costs. SLA Credits do not have a
cash surrender value.
2.6. Although our
services are ongoing, SLA Credits are applicable only for the month in
which the incident occurred. To that point, only one SLA Credit is
available for each incident.
2.7. The customer has a
maximum of one year, from the issuance of the SLA Credit, to apply the
credit to their account.
2.8. SLA breaches and
credits are applicable only to the affected services. Credit shall not
apply to existing or different services associated with the customer
account.
2.9. Customers become
ineligible for SLA Credits if they are:
2.9.1. Not up to date on
the payment obligations for the service being provided and the time of
the report of the claimed outage; or
2.9.2. Have not paid
their fees when due for the services twice (2 times) when due in the
previous 12 calendar months.
2.10. Exclusions:
2.10.1. SLA Credits will
not be applied for periods in which a service provided is not available
for any of the following reasons:
2.10.1.1. WSI India is
performing system upgrades, enhancements or routine maintenance which is
pre-empted by an message or announcement on the customers portal.
2.10.1.2. The customers
use of the service is in violation of any of WSI India and Customer
agreements which includes but is not limited to: Terms of Service
Agreement, Acceptable Use Policy, the Privacy Policy etc.
2.10.1.3. Downtime
related to the Customers content;
2.10.1.4. Internet
issues relating to the customers access;
2.10.1.5. Downtime
related to a DDoS (Denial of Service Attack) or similar;
2.10.1.6. Commands or
file transfers initiated by or on the customers behalf;
2.10.1.7. Suspension of
service for violation of any other WSI India agreement;
2.10.1.8. Violation of
the Acceptable Use Policy
2.10.1.9. Issues related
to hardware provided by the customer to WSI India.
3. SLA Definitions and
penalties
3.1. 100% Network Uptime
– This defines the downtime of the service. It is WSI Indias discretion
to define the terms and timing of the downtime.
3.1.1. Penalty – SLA
Credits are granted on the following scale – 0% Credit for 100% uptime,
5% Credit for 99% uptime, 10% Credit for 98% uptime, 25% Credit for 97%
uptime, 50% Credit for 95% uptime, 100% Credit for 90% uptime
3.2. 100% Power Uptime –
This defines the downtime of the service as it relates to the ability to
power your infrastructure – In the event that the service being utilized
is on the customer end, this SLA does not apply
3.2.1. Penalty – SLA
Credits are granted on the following scale – 0% Credit for 100% uptime,
5% Credit for 99% uptime, 10% Credit for 98% uptime, 25% Credit for 97%
uptime, 50% Credit for 95% uptime, 100% Credit for 90% uptime
3.3. 90 Seconds Cloud
Server Delivery - The initial delivery of a cloud server (standard
delivery) will be 90 seconds for the VM to be active. OS with longer
boot time such as Windows Server are excluded. If there is a problem
with the delivery of cloud server, the portal will indicate as such with
an "Error" message. This will also apply if the affected server is
assigned to a specific account.
3.3.1. Penalty – 10%
Credit will be applied in this occurrence on the total value within a
month of that cloud service
3.4. Fast Dedicated
Server Delivery - The initial delivery of a dedicated (Standard
delivery) will be delivered in 4 hours or less. Custom orders do not
apply here. The time account from one command must be confirmed by WSI
India and all the security and verification of payment must be compelted
in accordance with our Terms of Service Agreement.
3.4.1. Penalty – 10%
Credit will be applied in this occurrence on the server value for that
initial month.
3.5. Hardware
Replacement one (1) hour or less – This is measured from when WSI India
confirms to the customer that they are aware of the problem. This is
completed by our troubleshoot team. This requires sufficient cooperation
from the customer. If proper cooperation is not provided, at the
discretion of WSI India, the customer will not be entitled to SLA
Credits.
3.5.1. Penalty – 10%
Credit will be applied in this occurrence for that server total value
for that month.
3.6. First Response to
Support Tickets Within 15 minutes – Measured by when the system assigns
a customer request to an agent. Only support tickets are covered under
this SLA.
3.6.1. Penalty – 5%
Credit will be applied in this occurrence per support ticket. This will
require a proven support request.
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