The Media Buzz - Service Level Agreement

Hosting Service Level Agreement

Introduction

This Hosting Service Level Agreement defines The Media Buzz’s commitments to their clients for their Internet website Hosting Services. Terms capitalised in this Hosting Service Level Agreement should have the meaning set out in the Web Services Terms and Conditions, except where defined in this Agreement.
Modifications
Any modifications to the Hosting Service Level Agreement will take effect on the anniversary of the Agreement and The Media Buzz will notify the Client 30 days prior such anniversary of any changes.
Service Availability
Our Obligations

The Media Buzz will use reasonable endeavours to provide web site hosting services 24 hours a day throughout the year. However, service availability will be achieved if services are available for not less than 99.5% of the year, commencing on the date the website is first publicly accessible and each anniversary of that date.
Exceptions

The following exceptions will be applied to service availability. These will not be included when calculating Service Availability:

· Any planned outages of which the client is notified in advance.
· Any outages, which are deemed by The Media Buzz to be the result of faults caused by the customer.
· Any faults attributable to third parties.
Fault Management

Fault Management processes will be performed as follows:

1. The client should notify The Media Buzz by e-mail of any fault or breakdown in the provision of Services as soon as they become aware of it.

2. The client will be contacted within 4 hours on a Working Day or if that time expires outside a Working Day within 3 hours of the start of the next Working Day by e-mail or telephone to acknowledge receipt of the fault notification.
At this stage, The Media Buzz will diagnose whether the fault constitutes a Service Affecting Fault or a Non-Service Affecting Fault. A Service Affecting Fault is one that makes the client's website substantially unavailable or unusable or generates errors of a material nature when viewed by a user. A Non-Service Affecting Fault is a cosmetic or minor functionality fault that does not materially affect the availability or usability of the client's website.

3. The Media Buzz will endeavour to resolve any Service Affecting Faults within 24 hours of receipt of the fault notification. Any Non-Service Effecting Faults should be fixed within 5 Working Days. Upon resolution of the fault should the fault be diagnosed as a Service Affecting Fault, the client will be notified of the time between notification and resolution. This defines the Unavailable Minutes.

The client must provide the following details with any fault notifications:

· Organisation name and address;
· Site address of affected website;
· Contact name and telephone number;
· Nature of fault.
Refund In Event Of Failed Service Delivery

In the event that The Media Buzz does not supply full service availability, the client will be credited a proportion of the hosting fee for the failed period for the following year's Hosting Charge.

Service availability will be calculated using the following formula:

Minutes Of Year – Unavailable Minutes
Service Availability % = ------------------------------------------------ X 100
Minutes Of Year

The Refundable Amount will be calculated using the following formula:

Refundable Amount = Host Fee X (99.5 - Service Availability) X .01

Unavailable Minutes will be calculated commencement from the time within the Working Day that The Media Buzz receives a fault notification (should it be proved that a Service Affecting Fault exists) until both parties agree that the fault has been resolved.

All claims for Service Unavailability refunds must be submitted within 10 working days from the end of the Service Measurement Period. The Service Measurement Period is twelve months from the date the website is first publicly accessible and each subsequent anniversary.