This Service Level Agreement (“SLA”) is entered into between PodPress (referred to as “Provider”) and [Customer Name] (referred to as “Customer”) for the provision of WordPress hosting services.
- Service Availability 1.1 Uptime Guarantee: Provider guarantees a minimum service uptime of 99% for the PodPress WordPress hosting services, as measured by Better Uptime (betteruptime.com) for the specific server hosting the Customer’s website(s). 1.2 Uptime Calculation: Uptime will be calculated on a monthly basis, measured from the first day to the last day of the month. 1.3 Exclusions: Scheduled maintenance, emergency maintenance, and circumstances beyond Provider’s reasonable control (e.g., acts of nature, DDoS attacks, or network outages beyond Provider’s network) will not be included in uptime calculations.
- Compensation 2.1 Compensation Eligibility: In the event that the uptime falls below the guaranteed minimum of 99% for the specific server hosting the Customer’s website(s) in a given month, Customer may be eligible for compensation as outlined in this section. 2.2 Compensation Calculation: The compensation will be based on the number of minutes the server experienced downtime beyond the guaranteed uptime, as recorded by Better Uptime. 2.3 Compensation Value: The compensation will be issued in the form of a one-month refund of the hosting fees paid by the Customer for the specific server that experienced less than 99% uptime. 2.4 Claim Submission: In order to submit a compensation claim, the Customer must provide written notice to Provider within seven (7) days after the end of the affected month, along with supporting evidence from Better Uptime indicating the downtime duration. 2.5 Compensation Limitations: The maximum compensation for any given month shall not exceed the total monthly hosting fees paid by the Customer for the affected server.
- Exclusions 3.1 Force Majeure: Provider shall not be liable for any downtime, interruptions, or delays caused by circumstances beyond Provider’s reasonable control, including but not limited to acts of nature, government regulations, power outages, or failures of third-party systems or equipment. 3.2 Customer-Induced Issues: Provider shall not be responsible for any downtime or service interruptions caused by Customer’s actions, including but not limited to custom coding, misconfiguration, improper plugin/theme installations, or excessive resource consumption. 3.3 Scheduled Maintenance: Provider may schedule regular maintenance windows to ensure the optimal performance and security of the hosting environment. Customer will be notified in advance about any planned maintenance that may result in temporary service interruptions.
- Termination 4.1 Termination for Chronic Uptime Issues: If Provider fails to meet the guaranteed uptime of 99% for three consecutive months, Customer may terminate the hosting agreement with immediate effect upon written notice, without any further liability. 4.2 Termination for Violation: Provider may terminate the hosting agreement if Customer violates any terms and conditions of the service, subject to a reasonable cure period.
- General Provisions 5.1 Governing Law: This SLA shall be governed by and construed in accordance with the laws of the jurisdiction in which Provider is located. 5.2 Entire Agreement: This SLA constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements, understandings, and representations. 5.3 Amendment: Any changes or modifications to this SLA must be agreed upon in writing by both parties. 5.4 Severability: If any provision of this SLA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 5.5 Waiver: The failure of either party to enforce any provision of this SLA shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this SLA.
Please review this SLA carefully. By continuing to use the PodPress WordPress hosting services, you acknowledge and agree to the terms and conditions outlined herein.