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Service Level Agreement

(Last Modified June 20, 2007)

Coverage and Definitions
The following Service Level Agreement ("SLA") applies to those persons or entities ("Client") who have purchased hosting products and/or services directly from Nexigen Communications ("Nexigen") and whose account is current (i.e., not past due).

For this SLA, the term "Service Unavailability" shall mean an inability to transmit and receive data due to a failure in Nexigen's equipment or network.

100% Availability Guarantee
Subject to the Exceptions below, Nexigen will reimburse in the form of SLA Credits (as defined below) for Service Unavailability to clients with the credit being calculated on the basis of the monthly service charge in respect of such products and services for the month in which such Service Unavailability occurs calculated as follows:

Service Unavailability SLA Credit
Managed Dedicated Hosting
Up to 5 Minutes 0%
5 Minutes up to 30 Minutes 5%
30 Minutes up to 1 Hour 10%
1 Hour up to 4 Hours 15%
4 Hours up to 8 Hours 20%
Over 8 Hours 50%
   
Self-Managed Dedicated Hosting, VPS, Shared Hosting
Up to 1 Hour 0%
1 Hour up to 4 Hours 5%
4 Hours up to 8 Hours 10%
Over 8 Hours 15%
   
Entry Level Dedicated Servers
No SLA Credit whether or not a Service Unavailability Occurred.

Exceptions
Nexigen shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:

Faults caused by the Client's equipment, applications, interconnected equipment, networks, systems or gateways and/or the acts or omissions of the Client, third party components whether within or outside Nexigen's network or the acts or omissions of local exchange carriers or failure of third party services.

Faults caused by disconnection and / or reconnection of the services due to non-payment of any charges payable to Nexigen or where the services are disconnected by reason of it being used for any illegal, unlawful or other objectionable purpose described in the Hosting Agreement or Hosting Acceptable Usage Policy.

Faults caused by Client's acts or omissions (or acts or omissions of others engaged or authorized by Client), including, without limitation, custom scripting or coding (i.e. CGI, PHP,ASP, etc), any negligence, willful misconduct, or use of the Service in breach of the Hosting Agreement or Hosting Acceptable Usage Policy.

Faults arising from reasons beyond Nexigen's reasonable control and force major events including but not limited to catastrophic incidents, acts of any governmental body, war, insurrection, sabotage, fire, industrial disputes, acts or omission of any person for whom Nexigen is not responsible or any causes whether similar or otherwise outside Nexigen's control.

Downtime resulting from Scheduled Maintenance shall not constitute a Service Outage or qualify for an SLA Credit.  Scheduled Maintenance is defined by all such maintenance services for which Nexigen gives Client at lest five (5) days prior notice of such maintenance services via the email address registered with Nexigen.

SLA Credit
SLA Credits are calculated in accordance with this SLA and are issued to the Client by Nexigen in respect of products and services contracted for, but not delivered by Nexigen due to a Service Unavailability.  SLA Credits do not constitute a refund in respect of any product or service and may not be paid for or exchanged for monetary consideration or value.

Reimbursement and Credit Request Procedures
To receive a reimbursement in the form of credit, clients must make a request by sending an email message to support@nexigenco.com. Each request in connection with this SLA must include client's domain name(s) or IP address(es) and the dates and times and description of the unavailability of the service and must be received by Nexigen within thirty (30) days. If the Service Unavailability is confirmed by Nexigen, credits will be applied within thirty (30) days after Nexigen's receipt of client's credit request. In the event that Nexigen disputes the client's claim, the client shall not be entitled to the reimbursement specified, until and unless the dispute has been resolved. Notwithstanding anything to the contrary herein, the total amount credited to client in a particular month under this SLA shall not exceed the total hosting fee paid by client for such month for the affected service. Credits are client's sole and exclusive remedy with respect to any failure or deficiency in the service.

General Terms
The parties agree that only measurements carried out by Nexigen shall be used for the calculation of unavailable time and Nexigen's records shall be conclusive evidence thereof. The clients sole remedy in relation to a breach of this SLA shall be limited to the service credits provided accordingly in this SLA.

The stated SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided.