Ubiquity Hosting Solutions (a subsidiary of Nobis Technology Group, L.L.C.) will provide to each client dedicated server, cloud, and client co-located server, 100% uninterrupted transit to the Internet and 100% uninterrupted access to electricity. Ubiquity Hosting Solutions offers clients the following considerations in the event that Ubiquity Hosting Solutions fails to provide this level of service:
Should transit to the Internet or power to a client dedicated server, cloud, or co-located server become unavailable for a cumulative period of up to 5 minutes in any month of service, the client will be entitled to receive account credit equal to 5% of the client's Recurring Monthly Fees for the affected services.
Should transit to the Internet or electricity remain unavailable for a cumulative period beyond 5 minutes, the client will be entitled to an and additional account credit equal to 5% of the client's Recurring Monthly Fees for each affected service for each cumulative 1 hour period that Internet transit or power is unavailable.
All credits pursuant to section 2 above shall be calculated in 1 hour periods. Any and all credits issued in accordance with this SLA during any one month's time related to any single dedicated server, cloud, or co-located server shall not exceed 100% of the Recurring Monthly Fees for that single dedicated server, cloud, or co-located server that would otherwise be payable to Ubiquity during that month for the affected services.
No part of this agreement covers outages or other service interruption that is caused by equipment and/or events that are caused by or under the control of the client. No part of this agreement shall cover loss of power to a server as a result of the client's utilization of remote power management tools that may be made available to them by Ubiquity Hosting Solutions.
No part of this agreement covers service interruption that is caused by one or more devices on our network being the target or source of a DoS, DDoS, or other form of malicious attack. No part of this agreement covers outages or other service interruption that is caused by scheduled or emergency network and systems maintenance. All scheduled or emergency network and systems maintenance will be announced via the News tool in the Ubiquity Support System, located at http://motion.ubiquityhosting.com/. Clients are encouraged to regularly check this page for upcoming network and systems maintenance announcements.
No account credit shall be issued until an SLA credit request is made by the client. All requests for credits must be made within 5 days of the incident. All requests for credits must be made by creating a support ticket at http://motion.ubiquityhosting.com/.
One Hour Hardware Replacement— Ubiquity Hosting Solutions guarantees to replace any standard failed server hardware component provided by Ubiquity Hosting Solutions at no cost to the client within one hour of diagnosis as confirmed by Ubiquity Hosting Solutions staff. In the event that it takes Ubiquity Hosting Solutions longer than one hour to replace any standard failed server hardware component after problem diagnosis by Ubiquity Hosting Solutions staff, Ubiquity Hosting Solutions will issue a company credit for 5% of the monthly service fees for each additional 60 minutes of downtime up to 100% of clients's service fees for one month on the affected server.