Nobis Technology Group, LLC dba. Ubiquity Hosting (hereinafter "Ubiquity Hosting") will provide to each client dedicated server, hosted bare metal server, hosted public cloud server, hosted private cloud environment, and hosted client co-located server (“Covered Service”), 100% uninterrupted transit to the Internet and 100% uninterrupted access to electricity. Ubiquity Hosting offers clients the following considerations in the event that Ubiquity Hosting fails to provide this level of service:
- Should transit to the Internet or access to electricity for a Covered Service become unavailable for a cumulative period of up to 5 minutes in any month of service, the client shall be entitled to receive an account credit equal to 5% of the client's Recurring Monthly Fees for the affected Covered Service or portion thereof which was affected by the interruption.
- Should transit to the Internet or access to electricity for a Covered Service remain unavailable for a cumulative period beyond 5 minutes, the client shall be entitled to receive an additional account credit equal to 5% of the client's Recurring Monthly Fees for each affected Covered Service or portion thereof which was affected by the interruption for each cumulative 1 hour period that transit to the Internet or access to electricity remains unavailable.
All credits as outlined 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 Covered Service shall not exceed 100% of the Recurring Monthly Fees for that single Covered Service that would otherwise be payable to Ubiquity Hosting during that month for the affected services. For the purposes of this SLA, Recurring Monthly Fees include only the fees that would otherwise be payable for the Covered Service, excluding a software licensing or similar fees.
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 access to either transit to the Internet or access to electricity resulting from the client's utilization of remote power management or similar tools that may be made available to the client by Ubiquity Hosting.
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 guarantees to replace any standard failed server hardware component provided by Ubiquity Hosting at no cost to the client within one hour of diagnosis as confirmed by Ubiquity Hosting personnel. In the event that it takes Ubiquity Hosting longer than one hour to replace any standard failed server hardware component after problem diagnosis by Ubiquity Hosting personnel, Ubiquity Hosting 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.