This SGCO Compute Service Level Agreement (this “SLA”) is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
SGCO will use commercially reasonable efforts provide the Included Services with a Monthly Uptime Percentage of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you for the individual Included Service for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
We will apply any Service Credits only against future payments for the applicable Included Service otherwise due from you. Service Credits will not entitle you to any refund or other payment from SGCO. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
To receive a Service Credit, you must submit a claim to SGCO. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then SGCO will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and SGCO’s’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.
SGCO will use commercially reasonable efforts to ensure that each individual instance (“Single Instance”) has an Hourly Uptime Percentage of at least 90% of the time in which that Single Instance is deployed during each clock hour (the “Hourly Commitment”). In the event any Single Instance does not meet the Hourly Commitment, you will not be charged for that instance hour of Single Instance usage.
The Service Commitment and Hourly Commitment do not apply to any unavailability, suspension or termination an Included Service, or any other Included Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “SGCO Compute SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then SGCO may issue a Service Credit considering such factors at our discretion.
“Hourly Uptime Percentage” is calculated by subtracting from 100% the percentage of deployed minutes during any clock hour in which a Single Instance was in a state of Unavailability. Hourly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Compute Exclusion
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Services, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any SGCO Compute SLA Exclusion.
A “Service Credit” is a dollar credit, calculated as set forth above, that SGCO may credit back to an eligible account.
“Unavailable” and “Unavailability” mean: For Single Instances, when your Single Instance has no external connectivity.
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SGCO agrees to provide services to an account holder (“user” or “customer”) according to the following terms of service:
The benefits or rights conferred by this agreement are nontransferable. Use of SGCO Legacy Hosting accounts is limited to the individual or business whose name appears on the account.
User agrees to follow the Acceptable Use Policies, as well as the acceptable use policies of any network user connects to.
User agrees to use all services in a manner consistent with any and all applicable laws. In the event that services are not used in accordance with all applicable laws including but not limited to local, state, and federal laws, SGCO Legacy Hosting reserves the right to cooperate with any and all law enforcement agencies.
User agrees to pay all charges relating to the use of services according to the rates and prices at the time of service, including any account set-up fees
User is responsible for charges at the time the service is used and may apply the amount due to user’s credit card at any time.
Failure to use SGCO Legacy Hosing services does not relieve user of payment obligations.
User must pay charges in a timely manner to maintain services. Payments more than 10 days late may be assessed a late payment charge.
In addition to any prices agreed to, user agrees to pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished by SGCO Legacy hosting.
In the event user defaults on this Agreement, SGCO Legacy Hosing may suspend or revoke user’s service. User agrees to pay reasonable attorney’s fees and court costs, where permitted, in collecting any amounts owed by user.
SGCO Legacy Hosing, at its sole business judgment, may terminate this Agreement immediately or suspend user’s access to services upon any breach of this Agreement by user.
User agrees not to copy, publish, or distribute any information which violates or infringes any copyright, trademark, patent, statutory or common law, or proprietary rights of others, or which contains anything obscene or libelous. Software intended to facilitate any such violations or infringements are prohibited and may not be stored on SGCO Legacy Hosing servers.
SGCO Legacy Hosting reserves the right to collect damages (software, hardware, and labor) if any harm is done to the servers or its providers by user which requires repair or reconfiguration of any kind.
User is responsible for all use of user’s account(s) and confidentiality of password(s). SGCO Legacy Hosting will suspend or change access to user’s account(s) upon notification by user that a password has been lost, stolen, or otherwise compromised. SGCO Legacy Hosting is not liable for any usage or charges prior to making the necessary account alteration.
SGCO Legacy Hosting services are provided on an “as is, as available” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to SGCO legacy Hosting or any information or services therein. SGCO Legacy Hosting will not be responsible for any reimbursement for losses of income due to disruption of service by SGCO Legacy Hosting or its providers.
In the event of cancellation of service, users are responsible for the full month’s charges unless cancellation is received by SGCO Legacy Hosting 30 days prior to the account anniversary date. Cancellation notice must be submitted by U.S. mail, email, account. No refunds of prepaid services will be given in the event user cancels an account before such services would have expired.
This Agreement shall be governed by and interpreted according to the laws of the State of New Hampshire.
Each and every provision set forth in this Agreement is independent and severable from the others, and if any provision of this Agreement is held invalid, all other provisions shall be unaffected and continue in force.
This Agreement is between SGCO Legacy Hosting and user and grants no rights to any third parties.
SGCO Legacy Hosting may assign this Agreement, its rights hereunder and its ownership of said service and commitment at any time with or without notice.