Service Level Agreement

This MsgClub Service Level Agreement (“SLA”) applies to all our clients. The Client agrees that measurements via our third party establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify MsgClub and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.

MsgClub Network is defined as the equipment, software, and facilities within the MsgClub network segment, including Hostingg.in contracted ISP services to which the MsgClub network segment is connected and collectively utilized by MsgClub to provide dedicated and co-location services.

Service Availability is the total time in a calendar month that the MsgClub is available through the Internet, provided that Client has established connectivity. MsgClub takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The MsgClub Network will be available to clients free of Network Outages for 99.9% of the time.

Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate MsgClub network segment as confirmed by MsgClub. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. MsgClubis not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of MsgClub.

Performance Credit occurs when 99.9% uptime is not met. MsgClub will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer’s monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

Monitoring Service is the service MsgClub provides in order to analyze availability of HTTP based services and applications through its third party monitoring system.

In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described above.

• The following are excluded from the monthly calculation of Service Availability:
• Any utilized Scheduled Service Downtime.
• Any problems beyond the immediate MsgClub network segment.
• Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following.
• Inaccurate configuration.
• Client initiated server over-utilization.
• Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of
• any nature, and service or operating system exploits.