Service Level Agreement (SLA) and Terms of Service (ToS)
WooServers™ is a claimed trademark of Aqua Networks Limited (UK reg. no.: 07207169).
AQUA Networks Limited is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA), which provides certain rights and remedies regarding the performance of the services offered by Aqua Networks. The AQUA Networks Service Level Agreement (SLA) guarantees network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of AQUA Networks dedicated server and Virtual Private Server services provided under the WooServers trademark.
AQUA Networks strives to provide a 99.9% network and server uptime service level. This uptime percentage is a monthly figure and is calculated solely by AQUA Networks monitoring systems or AQUA Networks authorized/contracted outside monitoring services. If AQUA Networks fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. AQUA Networks does not credit a full month’s service for minor downtime. This would not be financially healthy for AQUA Networks and in turn, would only negatively affect the service level AQUA Networks provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, AQUA Networks may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
- Telco Failure (ie…Verizon™ cutting a fiber line somewhere)
- Backbone peering point issues (ie…XO™ having a router go down in Virginia that wipes out Internet service for the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). AQUA Networks works only with name brand hardware of the highest quality and performance.
- Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
- DNS issues not within the direct control of AQUA Networks
- Network floods, hacks, attacks from outside parties or individuals
- Failure or error of any AQUA Networks monitoring or measurement system
- Weather which may affect the performance of wireless access equipment performance.
- Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of AQUA Networks service(s) in breach of AQUA Networks Policy and Service Guidelines (AUP), by Client or others authorized by Client.
strives to make the services it provides such as “dedicated servers” and “virtual private servers” available to Client free of outages for 99.9% of the time. An “outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a service failure for more than 15 consecutive minutes, excluding service failures relating to scheduled maintenance and upgrades. The goal is to keep Average Round-Trip Latency on the network to 85 milliseconds or less. AQUA Networks defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the network and major US backbone peering points during such month, as measured by AQUA Networks and/or its associates. The goal is to keep Average Packet Loss on the network to 1% or less. AQUA Networks defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the network during such month that are not successfully delivered, as measured by AQUA Networks and/or its associates.
AQUA Networks and/or its associates will periodically (on average every 5 minutes) monitor the network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s Internet connection and that such measurements do not constitute measurements across other networks to which Client may connect. AQUA Networks reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
Faulty hardware is rare, but cannot be predicted nor avoided. AQUA Networks works with only name brand hardware of the highest quality and performance. AQUA Networks guarantees replacement of all faulty hardware affecting performance levels of equipment, which includes hardware issues that cause server crashes or speed issues. AQUA Networks will strive to assure replacement within 48 hours. Router failure is an exception to this SLA guarantee and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Software re-installation and data replacement after the server failure will be also completed. AQUA Networks guarantees replacement of all faulty hardware on dedicated servers at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.
Credit requests must be made by sending an e-mail entitled ‘SLA Credit Request’ to email@example.com. In the e-mail, the following information should be present: name, e-mail address, account number and hostname. It should be indicated in the e-mail whether it is a monthly performance SLA violation or a single occurrence SLA violation, which is claimed. Month or date making SLA credit request concerning should be mentioned or, if date occurrence, hours in question should be listed. The full details regarding the request and any relevant data should be also listed including, but not limited to; dates, times, server names, monitoring reports, ticket numbers, etc… AQUA Networks will review the request, and compare to the monitoring records of AQUA Networks and its associates, and issue credits as deemed necessary – on a case by case basis.
Each request in connection with network/server outages/downtime must be received by AQUA Networks within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by AQUA Networks within five days after the end of such month. The total amount credited to a Client for AQUA Networks not meeting SLA service levels will not exceed the service fees paid by Client to AQUA Networks for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after AQUA Networks receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by AQUA Networks. Upon Client’s request (in accordance with the procedure set forth below), AQUA Networks will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to AQUA Networks and confirmed by AQUA Networks measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the network for a calendar month exceeds 85 milliseconds, then upon Client’s request, AQUA Networks will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, AQUA Networks will issue a credit to Client equal to five day’s worth (1/5th) of the monthly service fees paid by Client for such month.
AQUA Networks will be dealing with all refund requests on a case by case basis. Our services do not come with a trial period or money back guarantee and no refund is possible if you were able to utilize the product. Full or Pro Rata refund will be granted if the product/service is not delivered in a fully functional condition (for example, a server is not responding to connections, there is faulty hardware which cannot be replaced in a timely manner). To assess the adequacy of the service provided communication with the client is required and the decision will depend on many factors, such as the ability of AQUA Networks to fix the issue promptly, the urgency of the matter to the client, the timeframe in which the problem is brought to the attention of our staff. Each refund request must be received by AQUA Networks within five days of the problem occurrence.
If the client cancels his order before it is delivered, the refund can be granted only if the work on the server setup and hardening has not started yet (this might be the case if the queue of orders is too long). If the work has already started, the order should become available shortly and no refund is possible in this case.
The only exception to this would be if you are dealing with us as a consumer from the European Economic Area (i.e. individual buying for yourself rather than for a business). As such you will be entitled to a refund if you cancel the service (in the manner specified in our FAQ) within seven days of your contract with us, or seven days of receipt of the service (whichever is the longer).
Hourly Billing and Reference Transactions:
When the service fee is calculated based on the past month usage, the payment will be calculated as follows: hourly rate of the used resources multiplied by the number of hours they were used.
Reference Transactions are used to allow AQUA Networks to make subsequent transactions on a monthly or annual basis until you cancel your account. When purchases made with Reference Transactions were made unintentionally, the Customer can get a refund upon a 7-day notice if the Services haven’t been used.
Referent Transaction can be canceled at any time. If the payment subscription is canceled before the service cancellation and the account is left with an unpaid amount, this amount is due for collection by AQUA Networks before the account can be canceled in full.
AQUA Networks reserves the right to change or modify this SLA to benefit the Client and will post changes to the location currently housing this SLA at the time of modification, which will be made available to Client. Except as set forth in this SLA, AQUA Networks makes no claims regarding the availability or performance of the services offered by Aqua Networks. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by the client. In the case of difference of terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by the Client, is above and beyond this SLA, and Service Agreement terms are in effect, including, but not limited to, limitations of liability.