Service Level Agreement

Definitions

The following definitions shall apply for the purposes of this Service Level Agreement:

"Customer (or you)" means the person, firm or company that has requested any Services.

"Datacenter Infrastructure" means the power heating, cooling and ventilation in our datacenters.

"Emergency Maintenance" Exceptional maintenance that is time critical and related to high priority operational or security matters, such as an urgent networking issue impacting on the performance of multiple customers or critical new security vulnerability. Emergency Maintenance may or may not include downtime or degradation of Services to Customers. Reasonable endeavours will be made to alert customers to Emergency Maintenance via email or Customer ticket including an identification of the time period in which the maintenance will occur (‘maintenance window’) prior to the maintenance occurring.

"Memset (or we or us)" means iomart Hosting Limited (registered office Lister Pavilion, Kelvin Campus, Glasgow G20 0SP, Scotland, company number SC275629) trading as Memset (“Memset”).

"Cloud VPS (Miniserver) Hypervisor Layer" means the software virtualisation layer of our Cloud VPS (Miniserver virtual servers). This sits between the host server hardware and your Cloud VPS (virtual Server).

"Cloud VPS (Miniserver) Hypervisor Layer Outage" means a failure of the Cloud VPS (Miniserver) Hypervisor Layer resulting in 100% packet loss from our internal monitoring nodes.

"Network" means the core Network Infrastructure between the externally facing network port of our border router to the outbound port of the Customer Dedicated Server, Service or Cloud VPS (Miniserver) host server.

"Network Downtime" is measured from the moment Memset’s monitoring system first detects the network failure to the time the Network responds to an external "ping" request.

"Network Infrastructure" means the Memset® managed switches, routers and cabling providing connectivity to and from your Server or Service.

"Network Outage" means a failure of the Network resulting in 100% packet loss from 50% or more of our external monitoring nodes.

"Scheduled Maintenance" the patching, upgrading, bug fixing or enhancing of software or the replacement, renewal of Network/Datacenter Infrastructure that has been communicated to Customers via individual or group ticket or email, providing a future time period in which maintenance will occur. (‘Maintenance window.’) Scheduled Maintenance may be scoped to Customer-specific, shared or Memset® core infrastructure and may or may not include downtime or degradation of Services to Customers, depending on the nature of the maintenance required.

"Service" or "Services" means any services supplied or to be supplied by Memset®, including but not limited to the provision of Internet hosting services.

"Server" means an Memset® Network connected server, virtual or otherwise, provided by Memset® for the Customer's use.

Service Level Guarantees

Network Availability

We endeavour to provide the most reliable infrastructure as practical to Customers. We guarantee our network will be available 99.99% of each monthly billing period excluding scheduled maintenance.

The Customer will receive service credit of 1 days’ worth (3.3%) of the monthly hosting fee for the affected Service(s) in the event that the total Network Outage period in one month exceeds 4.5 minutes (0.01% of a 30 day month, rounded to the nearest half minute). An additional one day’s rental will be credited for each additional 30 minutes of downtime up to 50% of the Customer's monthly hosting fee for the affected Service(s). Service credits shall be issued on receipt of a claim request via our ticketing interface or email from the Customer within 5 days of the incident.

Response

1. We guarantee that we will provide a response in the form of a ticket, from one of our technical engineers, to support queries submitted through the Memset® Control Panel within 2 hours during normal working hours (9am to 5pm).
2. We guarantee that we will respond in the form of a ticket reply from one of our technical engineers, to queries raised through our Emergency contact facility within 30 minutes. This is available 24 hours a day, 365 days a year.
3. For customers with Memset Monitored Port Patrol monitoring, we guarantee that we will respond to “Alert Memset 24/7” configured alerts within 30 minutes. This is available 24 hours a day, 365 days a year.

Should we fail to meet these guarantees the Customer will receive service credit of 1 days’ worth (3.3%) of the monthly hosting fee for the primary related Service, per incident, up to a maximum of 10 days credit in any calendar month. Service credit shall be issued on receipt of a claim request via our ticketing interface or email from the Customer within 5 days of the incident.

Hardware Maintenance

Memset® is responsible for the replacement of any hardware components that fails. This includes chassis, CPU, PSU, disks, memory and motherboard of the server. The customer will not be charged for any failure or replacement of hardware providing this replacement is carried out within working hours. Charges may apply for replacements carried out outside working hours. In the case of a hardware fault which results in a server failure, Memset® will replace the faulty hardware within 3 hours of isolating the cause of failure.

All of our Servers use RAID disk configuration so in the event of a single disk failure no downtime or data lose should occur. As there may be downtime associated with the disk replacement this would be carried out at a mutually convenient time.

Should we fail to meet this guarantee the Customer will receive service credit of 1 days’ worth (3.3%) of the monthly hosting fee for the affected Server up to a maximum of 10 days credit in any calendar month. Service credit shall be issued on receipt of a claim request via our ticketing interface or email from the Customer within 5 days of the incident.

Cloud VPS (Miniserver)

Memset® guarantees that the Cloud VPS (Miniserver) Hypervisor Layer will have availability of at least 99.99%.

The Customer will receive a service credit of 1 days’ worth (3.3%) of the monthly hosting fee for the affected Service(s) in the event that the total Cloud VPS (Miniserver) Hypervisor Layer Outage period in one month exceeds 4.5 minutes (0.01% of a month). An additional one day’s service credit will be issued for each additional 30 minutes of downtime up to 50% of the Customer's monthly hosting fee for the affected Service(s). Service credits shall be issued on receipt of a claim request via our ticketing interface or email from the Customer within 5 days of the incident.

Cloud Storage (Powered by Memstore) Availability

Cloud Storage (Powered by Memstore) is our cloud storage solution. We guarantee Cloud Storage (Powered by Memstore) Customer data will have network availability of 99.99% of each monthly billing period.

The Customer will receive a service credit of 1 days’ worth (3.3%) of the monthly hosting fee for the affected Service(s) in the event that the total Cloud Storage (Powered by Memstore) Outage period in one month exceeds 4.5 minutes (0.01% of a month). An additional one day’s service credit will be issued for each additional 30 minutes of downtime up to 50% of the Customer's monthly hosting fee for the affected Service(s). Service credits shall be issued on receipt of a claim request via our ticketing interface or email from the Customer within 5 days of the incident.

Cloud IaaS (Powered by OpenStack)

Memset® guarantees that the Cloud IaaS (Powered by OpenStack) public cloud will have availability of at least 99.99%

The Customer will receive a service credit of 1 days’ worth (3.3%) of the previous monthly hosting fee for the affected Service(s) in the event that the total Cloud IaaS (Powered by OpenStack) Network Outage period in one month exceeds 4.5 minutes (0.01% of a month). An additional one day’s rental will be refunded for each additional 30 minutes of downtime up to 50% of the Customer's previous monthly hosting fee for the affected Service(s). Service credits shall be issued on receipt of a claim request via our ticketing interface or email from the Customer within 5 days of the incident.

Credit Limitations

Service credits will not be given to customers whose accounts are in arrears or have not paid for part or all of the service they are requesting credit for.

In addition service credits shall not be provided to the Customer if the outage or service failure results from:

1. Scheduled maintenance where more than 24 hours’ notice is given.
2. Emergency maintenance where more than 1 hours’ notice is given.
3. Circumstances beyond our reasonable control, including, but not limited to: DDoS or other network attacks, upstream or third party network outages.
4. Force Majeure
5. Any actions or inactions by you or any third party.
6. Breaching our Terms and Conditions or our Acceptable Use Policy.