SERVICE LEVEL AGREEMENT

 

This  Service Level Agreement (this “SLA“) is a policy governing the use of the ACSB Services listed below and
applies separately to each Customer using these ACSB Services. In  the event of a conflict between the terms of this SLA and the Terms of Service (the “Terms of Service“),  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 Terms of Service.

1. Service Availability Commitment

ACSB will use commercially reasonable efforts to ensure that each class of ACSB Service identified below is “Available” during a given calendar month equal to the “Monthly Availability Commitment” for such ACSB Service as set forth in the table below. In the event any of the ACSB Services do not meet the Monthly Availability
Commitment, You will be eligible to receive a Service Credit as described below.

The first forty-five (45) minutes, i.e. 0.1%, of Service unavailability per month are not eligible. If  the Service has been up for less than 99.9% we’ll offer a 1-day charges
for service and below 98% will be 2-day charges for service. 
The maximum amount of Credit can be claimed shall not exceed 50% of the total Monthly Fee for the Service provided. Downtime must be confirmed by a staff member of our Support Team. Credit  cover only the hosting fees. All other fees such as setup fees,
addons fees, upgrade fees, managed services fees and other miscellaneous fees
(e.g. managed firewall service, managed monitoring service) are not  included.

 

Example of Calculation

   Downtime in month  50 hours
   Today Days in a Month  30
   Uptime %   100% – (50 / (30 x 24)) = 100% – 6.94% = 93.06%
   Hosting Fee (Yearly)   RM 300.00 /Year
   Hosting Fee (Daily)   300.00/365 = RM 0.822
   Credit for Client   RM 0.822 x 2 day = RM 4.932

To claim a Service cycle prolongation You need to contact Us by submitting a ticket within the first 3 calendar days after the downtime took place.

 

2. Limitation

Any Service interruption deriving from failure or deficiency of
ACSB infrastructure and equipment may not be eligible if caused or
associated with such things as but not limited to:

  • DDoS or similar attacks on Our servers.
  • Third-party software failure.
  • You maxing Your resource container
  • Issues resulting from errors or omissions by You
  • Interruptions caused by You from custom scripting, coding or the installation of third-party applications.
  • Network conditions across the internet (outside of our network), such as between Your ISP and Our data center.
  • Firewall blocks/bans.
  • Browser or DNS caching issues.
  • Outages related to the reliability of certain programming environments
  • Any other circumstances beyond our control or that are not reasonably foreseeable.
  • Any act of God or force majeur which results in the failure of the service.

ACSB reserves the right to measure uptime on its own at any time.

3. Claims Procedure

(a) In order for Us to consider a claim for SLA Credits, You must submit the following information to ACSB at support@webserver.com.my within 3 days from the ending of any Unavailability:

  • Your contract number, server name, IP address.
  • Your primary contract details.
  • Unavailability commencement date and time.
  • Unavailability end date and time.

Your failure to submit that claim for SLA Credits in accordance with
the above requirement may disqualify You from receiving SLA Credits.

(b) We will review all claim information made available to Us and
determine whether You are entitled to SLA Credits under this SLA. If We
approve Your claim for SLA Credits pursuant to this SLA, We will apply
the SLA Credits against future service fee due and payable by You to Us
and We will forfeit the SLA Credits upon termination of the Agreement.

 

4. Modification

We reserve the right to modify or revise this SLA at any time. You
will be notified prior to any modification or revision to this SLA.