THIS SERVICE LEVEL AGREEMENT DEFINES THE SERVICE LEVELS PROVIDED TO YOU BY VERIO INC REFERRED TO AS (”VERIO” OR “THE COMPANY”).
Capitalized terms used herein but not otherwise defined shall have their respective meanings set forth in the End User Hosting Master Service Agreement (the “Agreement”). The term “You” shall have the definition set forth in the Agreement. In the event of any conflict between this Service Level Agreement and the Agreement, the Agreement shall govern.
The Company uses commercially reasonable efforts to maintain a standard response time to technical support issues. This response time will depend on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to server unavailability. The estimated time to respond does not apply to inquiries that require extensive research and testing.
The Company must receive notice of billing disputes within sixty (60) days of the date Your credit card was charged or Your account was invoiced for the Services or You shall be deemed to have accepted such charges.
Service Availability. If Service Availability for the first 30 day period (or any calendar month thereafter) is below 99.999%, The Company will issue a credit (”Service Availability Credit”) to You according to the following schedule:
|Service Availability*||Amount of the refund as a percentage of monthly fee for affected Service*|
|99.0% to 99.999%||3% of the monthly fee credited|
|98.0% to 98.99%||5% of the monthly fee credited|
|95.0% to 97.99%||10% of the monthly fee credited|
|90.0% to 94.9%||25% of the monthly fee credited|
|89.9% or below||2.5% credited for every 1% of lost availability up to the maximum total penalty limit|
To receive a Service Availability Credit, (a) Your account must be in good standing with The Company, (b) You must send a Technical Support notification reporting the service interruption within 72 hours of the event, and (c) You must send an email or written Service Availability Credit request to the Billing Department in the month immediately following the month for which You are seeking a Service Availability Credit. Credit requests must include Your account username (account number) and the dates and specific times that the Service availability was below the prescribed levels.
The Billing Department will compare information provided by You to the monitoring data The Company maintains. A Service Availability Credit is issued only if The Company confirms from the monitoring data warranting the Service Availability Credit.
* The Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service and the percentage of overall individual mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two mailboxes of 200 mailboxes, the Service Availability Credit would be calculated as 1% x the monthly fee for the mailboxes x the % of monthly fee credited.
The limits and sole remedies regarding Service Availability and Service Availability Credits are set forth in Section XIII of this Service Level Agreement.
Privacy. The Company is committed to protect Your privacy and the confidentiality of Your data to the maximum extent permitted by law and/or accepted by industry standards. We will not access, view or review any of Your private data accessible to us (including but not limited to that contained in Your web server files, e-mail messages, calendars, notes, contacts, memos or public folders) unless:
Under no other circumstances will The Company access Your private data or share Your confidential data with any third parties without Your prior permission, except to the extent required by law or governmental or regulatory body or necessary to render our services to You.
Data protection refers to The Company’s ability to recover your Exchange database as defined by the following text. In the event of an issue that impacts your Exchange data hosted by The Company that is caused by either (i) data corruption in your The Company-hosted Exchange database, or (ii) a catastrophic failure of the SAN or datacenter where your Exchange database is hosted, The Company will restore your database to the last known good state, as determined by The Company. If The Company fails to promptly restore your database, The Company will issue a credit (”Data Protection Credit”) according to the following schedule:
|< 24 hours of data lost||25% of the monthly fee credited|
|24 – 48 hours of data lost||50% of the monthly fee credited|
|> 48 hours of data lost||100% of monthly fee credited|
To receive a Data Protection Credit, (a) Your account must be in good standing with The Company, (b) You must send a Technical Support notification reporting data loss within 72 hours of the event, and (c) You must send an email or written Data Protection Credit request to the Billing Department in the month immediately following the month for which You are seeking a Data Protection Credit. Credit requests must include Your account username (account number) and the dates and specific times that correspond with the preceding schedule.
The Billing Department will compare information provided by you to the actual data that resides in your Exchange database. A Data Protection Credit is issued only if The Company confirms data loss warranting the Data Protection Credit.
The limits and sole remedies regarding the Data Protection Guarantee and Data Protection Credits are set forth in Section XIII of this Service Level Agreement.
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