SERVICE LEVEL AGREEMENT

NEXUS HOSTING SERVICE LEVEL AGREEMENT (SLA)

Hardware Guarantee – (managed dedicated servers only)
Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC and other related hardware included under the server lease.
We guarantee the functioning of dedicated servers and their components. We will replace any failed component at no cost to the customer while the account is in good standing. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within 2 hours of problem identification. This guarantee of 2 hours does not include additional actions such as software installations, OS reinstalling, or other data or backup services. In the event that it takes us more than 2 hours to replace faulty hardware, we will refund the customer 10x (1000%) of the downtime up to their monthly fee for every 1hour of downtime (up to 100% of customer’s monthly fee). This means if we couldn’t replace the hardware for 4 hours for some odd reason, and then began the OS and software install which could take hours longer, we went 2hours past the hardware replacement time. We will credit you 2hours x 10, 20hours of service. We would not credit the time it takes to reinstall software as everyone’s system has unique requirements and this is a hardware SLA not a software SLA. In this instance we divide your monthly payment by days of the month, divided by 24hrs a day to find an hour rate. That amount will be credited to your account towards your next invoice.
Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of scheduled any maintenance. Scheduled service outages do not qualify for this guarantee!
Additionally, this guarantee is your remedy for any unscheduled downtime of more than limits outlined above. Downtime must be confirmed by a staff member in our support system. Maximum credit given will not exceed the amount of the charge for the customer service with us. The credit will be applied to your invoice on your next due date. Downtime is measured from the time the customer records such failure in the support ticket system and until a resolution is provided in that ticket.

Network & DataCenter Guarantee
We guarantee that the network will be available 99.9% of the time in a given month (this does not include functionality of software/services on a server), excluding scheduled maintenance. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services, daemons, software running on your server, or hardware failure on a server. Network uptime means the network itself will be up and available. In situations where a client runs a cluster or redundant server they can take advantage of the 99.9% uptime guarantee by eliminating a single point of failure in their hardware.
We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the monthly calculation of service availability:
- Scheduled maintenance: occasionally upgrades, updates, and hardware replacements are required. We will take every precaution to avoid downtime but it may not always be unavoidable. Downtime during scheduled maintenance is not covered and not refundable.
- Hardware maintenance: server hardware is not related to the network. We maintain thousands of servers and at some point all hardware can and will fail. We will work quickly to restore the server and use our backups, if available, to restore service.
- Software maintenance: while managing servers we must keep systems, OS, kernels, and other various software updated and current to avoid exploits and prolonged downtime or issues. At times this means rebooting systems and rarely unexpected problems arise that extend the maintenance window.
- Traffic conditions or outage on the Internet outside our network, issues from upstream providers, clients ISP, or local problems such as Browser or DNS caching.
- DDoS, attacks, exploits or hacked servers.
- Failure of individual services on a server while the network is up.
- Interruptions or failure of individual service caused by client, their employees, client’s customers, friends, or family to their service. - Inaccurate installation or configuration of software by the client or non-staff, 3rd party software, client abuse or over utilization of resources.
NOC downtime exists when a particular server is shut down due to power or heat problems and we record such a failure in the support ticket system.
If network downtime occurs the customer will be credited 10x (1000%) of the downtime as recorded by the support ticket and confirmed problem to the resolution, up to 100% of the customer’s monthly fee. If the network is out for 1 hour, we will credit you 10 hours of downtime. In this instance we divide your monthly payment by days of the month, divided by 24hrs a day to find an hour rate. That amount will be credited to your account towards your next invoice.