Service Level Agreement

MyHost’s Service Level Agreement is a manifestation of our everlasting commitment towards providing unmatched levels of technical support, customer service and customer care. This Service Level Agreement describes service level commitments provided to our customers (“you“, “your“) by MyHost 2009 Limited (“the company“,“company“, “MyHost“, “us“, “we” and “our“) for our web hosting services.

1.0 Technical Support

MyHost provides technical support to Customers based on the attached SLA requirements and those recorded in the Terms and Conditions. MyHost also provides higher levels of contracted support to certain clients that sign Customer specific support contracts. Details of these contracts can be obtained from MyHost. The following obligations are MyHost’s standard SLA obligations. If you have signed a Customer specific support contract, then please refer to that document and read in conjunction with the standard obligations recorded in this Agreement.

Under no circumstances will MyHost provide development-related support for web applications, scripts, or components from third parties or those developed by You unless it is agreed upon in writing through a support contract, subject to additional terms and conditions.

Email support is available 7 days a week, expect at most 24 hours for a reply. Please provide us with a full description of the problem and your Account email to assist us in your enquiry. The Company’s standard response time to technical support issues is within six hours. This time depends on the complexity of the enquiry and support request volume. The Customer Service Team assigns the highest priority to customer inquiries related to the servers’ unavailability. These issues are addressed first upon notification from a customer.

Virtual Private Server customers who are on an unmanaged plan will receive support for availability and hardware node issues only.

Support Hours: 9am to 5pm NZST (GMT +12)
Available Monday to Friday.

2.0 Scheduled Maintenance

To maintain optimal performance and security of our servers, MyHost will perform routine maintenance on the servers on a regular basis, which may require servers to be removed from service temporarily. The Company reserves the right to have scheduled downtime for maintenance purposes, which the Customer will be notified of. This server unavailability will not be included in server uptime calculations. The maintenance is typically performed during off-peak hours. The Company will provide You with advance notice of maintenance whenever possible.

The customer acknowledges and accepts that MyHost may have to carry
out emergency maintenance, updates and other procedures to protect the Service (“Emergency Procedures”). MyHost will endeavour to provide as much prior notice as possible to such Emergency Procedures.

Performance of the Service during Maintenance:

Although MyHost will use all reasonable endeavours to maintain the Service Level Agreement during planned Maintenance or Emergency Procedures, the Customer accepts that MyHost will not be held liable for any failure to meet the Service Level Agreement during the maintenance period.

Customer accepts that MyHost reserves the right to amend or change all or any part of the MyHost Infrastructure at any time provided that the performance or functionality of the service is not materially degraded.

3.0 Availability

The Company’s primary commitment is to provide outstanding web hosting services to all customers. To support this commitment, the Company assures at least 99.9% server availability, excluding maintenance. This availability is calculated on a monthly basis. If the Company fails to meet this guaranteed level of availability, the Company will issue a partial refund to the customer at the discretion of the Company. This partial refund is only issued upon your written or email notice to the Company, and will be based according to the length of downtime experienced. Downtime is defined as the customer’s hosted website being unable to be viewed or accessed through the Internet, caused by failure of network equipment managed and owned by MyHost, excluding scheduled or emergency maintenance. This figure does not include availability loss caused by circumstances that are out of the Company’s control such as unavailability of major national communication backbones, Denial of Service attacks and other types of attacks.

Service Target
1.1 The following service levels apply to this SLA.

The service levels stated above will be compared to the server availability as a whole, not to individual client accounts.

Refunds

If availability is below the guaranteed level, MyHost will grant an appropriate refund after the Customer has provided the following:

The refund will only be granted for the downtime of the applicable service, and not any other service the company provides for the customer. The Customer must notify MyHost of the availability downtime by emailing accounts@myhost.nz within 21 days from the date the incident occurred. Any requests after this period will not be considered.

The appropriate refunds will be issued if the service availability level falls below the guaranteed target are stated below.

Service Level Calculations
If your service availability for the full calendar month is below MyHost’s guaranteed service target, we will provide the following appropriate refunds:

The maximum total penalty of the refund shall not exceed 50% of the monthly fees charged to that account during the month for which the refund is to be issued.

The Customer shall not be entitled to any credit if the network downtime is caused by actions of the customer or others authorised by the customer to use the service under the Agreement.

Limitation of Liability
The customer accepts that the company cannot be held liable under this Service Level Agreement for any failure or deficiency of service availability caused by or associated with incidents that are outside MyHost’s control, including but not limited to:

  1. acts of any governmental body, fire, flood, earthquake, strike or other labour 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;
  2. Your acts or omissions (or acts or omissions of others engaged or authorized by You), breaching the Company’s Terms and Conditions and Acceptable Use Policy;
  3. DNS (Domain Name Server) Propagation.
  4. Outages elsewhere on the Internet that hinder access to your account;
  5. Lack of availability or untimely response time of Customer to respond to incidents that require their participation for source identification and/or resolution.

4.0 Storage Capacity / Data Transfer

Each account is allotted storage capacity and data transfer amounts on the Company servers according to the plan and options selected by You. This storage size and data transfer allotments can be increased by request for an additional fee. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.

5.0 Data Integrity

The Company employs RAID technology on all MyHost-managed servers to ensure data redundancy and integrity in the unlikely event of a hardware failure. The Company offers a routine server backup service for disaster recovery purposes. MyHost-managed servers and client servers utilising MyHost’s backup service are configured to back-up automatically to off-site locations on a scheduled basis. The Server scheduling and scope is at the Company’s sole discretion.

6.0 Data Retention

MyHost shall not be responsible for retaining any data after account termination. All account data is deleted from the server(s) following the termination of an account, and subsequent backups as a result of regular backup schedules. MyHost will not provide any data pertaining to existing or terminated accounts unless agreed to by the company.

7.0 Customer Responsibilities

To access MyHost’s services the customer must provide at the very minimum:

This Service level agreement runs in conjunction with MyHost’s standard terms and conditions and Master Service agreement.