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Terms of Service
Terms of Service
Service Agreement - Web Hosting
Service Agreement - Email Marketing
Service Level Agreement
Below is the Service Level Agreement for
who owns and operates CommStat, Enter-Link, and Xpress Business Pages.
If you have a question about the terms please contact us
Service Level Agreements (SLA)
Legal : Service Level Agreements (SLA)
CommXTech provides Internet World Wide Web page hosting, Marketing, and Development. CommXTech endeavors to have the content of your website available and to meet certain guarantees posted at www.commstat.com. This Service Level Agreement ("SLA") outlines those agreements and guarantees. CommXTech retains sole discretionary power when determining if a guarantee has not been met. 100% Uptime Guarantee
This 100% uptime guarantee applies to any CommXTech client in good financial standing with CommXTech at the time of a service outage.
2. Service Level Agreement & Specifications
CommXTech endeavors to have the content of your website available for http access by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from CommXTech to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via CommXTech's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the CommXTech NOC. CommXTech's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the CommXTech network.
Shared Hosting - In the event that your website is not available for 100%, CommXTech will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
Monthly Uptime Credit
95% to 99.9% 10%
90% to 94.9% 20%
89.9% or below 50%
Managed Dedicated Servers and Colocation - For managed dedicated server and colocation customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
1-4 60 minute intervals 10%
5+ 60 minute intervals 50%
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by logging on to Request Credit. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of website Availability caused by or associated with:
Circumstances beyond CommXTech's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
Failure of bandwidth providers to the CommXTech Network, unless such failure is caused solely by CommXTech;
Scheduled maintenance and emergency maintenance and upgrades;
DNS issues outside the direct control of CommXTech;
Issues with FTP. POP, IMAP, or SMTP customer access;
False SLA breaches reported as a result of outages or errors of any CommXTech measurement system;
Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of CommXTech's Terms and Conditions and Acceptable Use Policy;
e-mail or webmail delivery and transmission;
DNS (Domain Name Server) Propagation.
outages elsewhere on the Internet that hinder access to your account. CommXTech is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CommXTech will guarantee only those areas considered under the control of CommXTech: CommXTech server links to the Internet, CommXTech's routers, and CommXTech's servers.
CommXTech's goal is to keep Average Round-Trip Latency on the CommXTech Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the CommXTech Network during such month, as measured by CommXTech. If Average Round-Trip Latency on the CommXTech Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), CommXTech will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.
Packet Loss Guarantee
CommXTech's goal is to keep Average Packet Loss on the CommXTech Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the CommXTech Network during such month that are not successfully delivered, as measured by CommXTech. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), CommXTech will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.
The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the CommXTech Network.
30 Minute Hardware Replacement Guarantee
CommXTech guarantees the functioning of all rented/leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once CommXTech identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 30 minutes of problem identification. In the event that it takes us more than 30 minutes to replace faulty hardware, CommXTech will refund the customer 1 days fee per additional hour of down time (up to 100% of customer's monthly access fee). This guarantee excludes the time required to rebuild any RAID array.
Dedicated and Colocation Server Environmental/Critical Systems Guarantees
We guarantee that environmentals/critical systems, including power and HVAC (72 degrees +/-3) infrastructure including UPSs, PDUs and cabling will be available 100% of the time in a given month (excluding scheduled maintenance). Should downtime occur, CommXTech will credit the customer's accounts as outlined below in the "credits" section. Critical systems should be considered to include functioning of all power and HVAC infrastructure including UPS equipment and cabling. Power supplies of individual servers are not included (they are part of our Server Hardware Guarantee). Critical systems downtime should be considered to exist when a customer's server is shut down due to power or heat problems and a ticket has been opened for the incident in the CommXTech ticket tracking system. Critical System downtime is measured from the time the ticket is opened regarding server downtime to the time the problem is resolved and the server comes back on line.
Access Fee Definitions
For dedicated/colocation/managed hosting Customers, the Access Fee consists solely of the base monthly fee paid by Customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the Customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The Access Fee for purposes of the SLA credit excludes all other fees which might be charged to the Customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under CommXTech's standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.
The Access Fee for all other Customers is the base monthly access fee paid by Customer for use of the applicable CommXTech service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.
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