Dedicated Server Service Level Agreement

TERMS & CONDITIONS

This Service Level Agreement (SLA) is provided as a supplement to:

  1. the Order Form
  2. the Stone Hosting Business Terms and Conditions
  3. the Stone Hosting Acceptable Use Policy

Stone Hosting may update this Service Level Agreement from time to time by notifying you. This document sets out the service levels and parameters for the services provided by Stone Hosting (or subsidiary company).

1. Service Availability Guarantee for the Stone Hosting Network

1.1 Network Availability and Downtime

Stone Hosting provides at least one Network Port to the Virtual Server Host, which provides access to the Internet. Stone Hosting guarantees 100% network connectivity uptime on this port. This excludes periods of Planned Maintenance, hardware failure on the Virtual Server Host itself, or any loss of service through the action or inaction by or on behalf of the customer. Stone Hosting cannot guarantee that any particular part of the Internet will be available outside of Stone Hosting’s own network.

2. Service Availability Guarantee for the Supply of Power

2.1 Guarantee

Stone Hosting will supply at least one power port to the Virtual Server Host. Stone Hosting guarantees this power will be available 100% of the time.

2.2 Calculation

The Service Availability Guarantee for the Supply of Power

  • does not cover Service Outage due to fault where the responsibility is due to Customer actions or omissions
  • does not cover power problems resulting from a failure of the power supply unit in the Virtual Server Host itself (see Hardware Guarantee)

3. Hardware Guarantee

3.1 Performance

Stone Hosting guarantees that the hardware components in the Virtual Server Host will perform normally for the period of The Agreement.

3.2 Response to Failure

In the event of a failure of any component of the Virtual Server Host, Stone Hosting will make all reasonable efforts to provide and install replacement parts within four (4) hours of having been notified of the fault by the Customer.

3.3 Replacement

In the event that the fault is of such a serious nature that it cannot be corrected within four (4) hours, Stone Hosting guarantees to offer the customer a replacement Virtual Server of the same or superior specification for the remainder of The Agreement.

3.4 Exceptions

Under no circumstances will Stone Hosting be liable for the loss of the Customer’s data, either as a result of hardware failure or any other cause. Neither will Stone Hosting be responsible for transferring data from one Virtual Server to another in the case where a new Virtual Server has been offered to rectify a fault.

4. Delivery Guarantee

4.1 Once payment has been taken, Stone Hosting guarantees to provision your Virtual Server within five working hours.

5. General Notes

5.1 The Availability Guarantees

  • do not cover Service Outage due to fault where the responsibility is due to Customer actions or omissions
  • excludes any exceptions described with the Stone Hosting Business Terms and Conditions
  • do not apply if the fault resolution is beyond the control of Stone Hosting Ltd (or subsidiary company) due to Force Majeure
  • do not apply if Planned Maintenance is in place or if fault resolution is delayed because of Customer responsibility (e.g. Customer devices unavailability/inaccessibility caused by the Customer)
  • If the Customer is entitled to multiple credits under this SLA, such credits shall not exceed the total billing period revenue for any calendar month in any event
  • do not apply if Stone Hosting has suspended or modified the Service in accordance with the Stone Hosting Business Terms and Conditions

5.2 This SLA shall be read in conjunction with our Business Terms and Conditions and the relevant Stone Hosting Virtual Servers offer documents.

5.3 Compensation claims must be submitted, in writing (email, fax, or letter), within 30 days from the SLA violation to which they refer. All claims must be submitted to Customer Service Department.

5.4 Payment of Compensation will be in the form of Service Credits. Service Credits shall be deducted from the periodic fee due in respect of the period following the period in which Service Credit is awarded. The maximum amount of compensation a customer can claim in each Calendar Month relating to this SLA is fixed to 100% of the monthly fee. Said Compensation shall be the Customer’s sole and entire remedy for any outage arising under this agreement and the parties acknowledge and agree that such Service Credits represent a genuine pre-estimate of the losses incurred.

5.5 Any previous late payments of amounts due for the Service, or any other Service provided to the Customer, other than amounts in dispute, will nullify the Customer’s right to claim Compensation under this agreement.

5.6 Under no circumstances will Stone Hosting be liable for any secondary or consequential losses, either resulting from a Service Outage or for any other reason.

6. Definition of Terms

6.1 Unless expressly defined in this Service Level Agreement, words and expressions used have the same meaning as set out in Stone Hosting’s Business Terms and Conditions.

  • AUP (Acceptable Use Policy)
    Stone Hosting’s AUP that is currently available on the Stone Hosting website, as amended from time to time.
  • Calendar Month
    From 00:00 hours on the first day of the month until 24:00 on the last day of the month.
  • Compensation
    The Service Credits made by Stone Hosting as a result of an acknowledged claim made in writing (email, fax or letter) within thirty (30) days of an SLA violation.
  • Customer
    The person, group of people, or company, who receive the Service from Stone Hosting under the terms of this Agreement, as indentified in the Order Form.
  • Customer Service Department
    The Stone Hosting team responsible for the Customer.
  • Virtual Server
    The virtual unit supplied by Stone Hosting for rental by the Customer.
  • Customer Equipment
    Any hardware, cabling, peripherals, software or any other equipment that the Customer owns and uses as part of the Service(s)
  • Stone Hosting Equipment
    Any hardware, cabling, peripherals, software or any other equipment that Stone Hosting shall provide the Customer as part of the Services, whether owned by Stone Hosting or a third party supplier but specifically excludes equipment that has been sold outright or rented to the Customer.
  • Force Majeure
    Circumstances beyond Stone Hosting’s reasonable control, including, without limitation, acts of any governmental body, war insurrection, sabotage, embargo, fire flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services software or inability to obtain raw materials, supplies, or power used in or Equipment needed for provision of the Service Level Agreement.
  • Network Port
    The network port provided between the Customer’s machine and the Internet exchange.
  • Order Form
    The form(s) (as amended by Stone Hosting from time to time) which lists the Service(s) requested by the Customer
  • Planned Maintenance
    In maintaining the service provided, Stone Hosting may with reasonable notice require a temporary outage in service. Planned Maintenance time windows will be announced in advance on the Stone Hosting website status page at status.stonehosting.co.uk where the outage affects multiple customers. Such announcements will generally supply over 48 hours notice. Wherever possible, where significant outages are planned or where only an individual customer will experience an outage, Stone Hosting will make every effort to agree the outage with the customer at least 7 calendar days in advance of the required work.
  • Service
    The period from the Service Commencement Date to the expiry or termination (for any reason) of the Services pursuant to this Agreement.
  • Service Commencement Date
    The date on which a Service is successfully installed.
  • Service Credits
    The crediting of the Customer’s account in the amount calculated as per the formula in section 5 following a Service Outage. Service Credits shall be deducted from the periodic fee due in respect of the period following the period in which the Service Credit is awarded.
  • Service Outage
    When it is impossible at IP level to establish connection to any other servers or hosts connected to the public Internet (having a public IP address not belonging to Stone Hosting) starting from the Virtual Server.
  • Stone Hosting Business Terms and Conditions
    The document forming part of The Agreement with the Customer.
  • The Agreement
    As detailed in section 2 of the Stone Hosting Business Terms and Conditions.

7. Exceptions

7.1 Where Service Credits would otherwise be payable Service Credits shall not be payable to the extent that they result from:

  1. Circumstances beyond Stone Hosting’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services software or inability to obtain raw materials, supplies, or power used in or Equipment needed for provision of the Service Level Agreement.
  2. Failure of access circuits to the Stone Hosting Network that are not controlled by Stone Hosting, unless such failure is caused solely by Stone Hosting.
  3. General third party telecoms failure.
  4. Scheduled and emergency maintenance and upgrades
  5. Domain Name Server issues outside the direct control of Stone Hosting.
  6. Outages caused by Viruses, Trojan Horses, Denial of Service Attacks, mail bombing and other flooding techniques.
  7. Outages caused by Customer supported applications.
  8. Outages caused by software, not supported by Stone Hosting, not patched with the latest updates.
  9. Customer acts or omissions, whether or not such acts or omissions would constitute negligence, willful misconduct, or use of the Stone Hosting Network or the services rendered by Stone Hosting in breach of Stone Hosting’s Terms and Conditions and Acceptable Use Policy by the Customer or others authorised by the Customer.
  10. Acts or omissions by Stone Hosting carried out at the request of the Customer.
  11. Outages caused by software installed or reconfigured by the Customer