Service Level Agreement

The right expectations are met when the right expectations are laid.

This Service Level Agreement defines the service levels provided to client by VPS Malaysia.

Capitalized terms used herein but otherwise defined shall have their respective meanings set forth in the End User Hosting Service Agreement (the “Service Agreement”). The term “customer” shall have the definition set forth in the Agreement. In event of any conflict between this Service Level Agreement and Service Agreement, the Service Agreement shall govern.

VPS Malaysia 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.

1. Service Definition

VPS Malaysia will provide Services and other Application Services as defined by the plan or plans purchased by customer from VPS Malaysia (the “Services”).

2. Technical Support

VPS Malaysia will provide customer through your authorized account contacts with technical support on setting up and configuring your account, access to the Services, and other issues related to the Services. Only your authorized account contacts may request information or changes pursuant to the Agreement.

3. Billing Disputes

VPS Malaysia must receive notice of billing disputes within thirty (30) days of the date customer’s credit card was charged or your account was invoiced for the Services or customer shall be deemed to have accepted such charges.

4. Hardware Replacment

VPS Malaysia will do hardware replacement within 4 hours from reported time, and will not make any guarantees in regards to colocated equipment. All attempts will be made to get the system diagnosed and operational within 24 hours. There are no additional fees for hardware replacement in systems, but colocated customers may incur additional fees for hardware replacement services.

5. Fault Management and Response Times

VPS Malaysia service and support team is trained to deliver a proactive approach to serving our customer customers’ needs. Whenever customer needs us,VPS Malaysia Support Team will provide hotline support as well as email interface to customer personnel. VPS Malaysia Support Team will not accept trouble reports or inquiries from anyone in customer who are not listed as authorized contacts. Upon trouble notification, customer will provide VPS Malaysia with a Priority level. Priority level will classify the trouble ticket into one of 3 levels – High, Medium and Low. Each Priority level will prompt appropriate response procedures.

1. High Priority trouble is classified as issues with connectivity that high business impact. Our average response time to High Priority trouble during hours of support is within 1 hour. Within this 1 hour of support. VPS Malaysia Support Team will provide notification at 30 minutes intervals, with progressive management escalation at hourly intervals.

2. Medium Priority trouble is classified as issues that needs to be resolved promptly, despite the customer’s service is functioning well. Our average response time to Medium Priority trouble during hours of support is within 4 Hours.

3. Low Priority trouble is classified as general maintenance or other requests that need to be processed promptly during normal business hours. Our average response time to Low Priority trouble during hours of support is within 24 Hours.

6. Network SLA Exclusions

Many possible situations are completely beyond the control of VPS Malaysia, and therefore are not in the scope of this SLA. These situations include:

i. cPanel Issues

If you choose to run cPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. VPS Malaysia will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time.

ii. Malicious Attacks

If a third party not associated with VPS Malaysia initiates a “Denial of Service”or other form of disabling attack against your Dedicated Server or major portions of our network, VPS Malaysia will do everything in its power to stop the attack, but cannot guarantee a resolution time.

iii. Software Maintenance

An important part of managing a dedicated server is keeping the software up to date. If you choose to have VPS Malaysia manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.

iv. Hardware Maintenance

On rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. VPS Malaysia will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.

v. Scheduled Network Maintenance

Occasionally network maintenance will be required. VPS Malaysia will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits.

vi. Compensation

1. VPS / Web Hosting / Email Hosting

VPS Malaysia guarantees network availability for our public network to be 99.9%. In the event that our network does not experience 99.9% network uptime, VPS Malaysia will credit customer 1 time of downtime occurred, beyond guaranteed period. Upon VPS Malaysia verification that the actual Service availability is below the Committed Uptime Availability, VPS Malaysia will issue a “Service Credit” to customer. This service credit compensation will only be valid when complete the whole calendar year of service contract.

2. Dedicated Server / Colocation Server

VPS Malaysia guarantees network availability for our public network to be 99%. In the event that our network does not experience 99% network uptime, VPS Malaysia will credit customer 1 time of downtime occurred, beyond guaranteed period. Upon VPS Malaysia verification that the actual Service availability is below the Committed Uptime Availability, VPS Malaysia will issue a “Service Credit” to customer. This service credit compensation will only be valid when complete the whole calendar year of service contract. For example, the network downtime happened to be 10 hours per year, the calculation as follow:
Formula:
(10 Hours 8.76 Hours) x Service Fee Per Hour
8.76 hours is 0.1% of hours per year, service fee is 8760 hours in a year.
Service Fee Per Hour: (Service Fee Per Year) / 8760 Hours

vii. Claims Procedure and Process

1. All claims for service credits shall be submitted to VPS Malaysia within fifteen (15) business days from the end of the contract date.

2. VPS Malaysia’s decision on the claims will be based on the calculations as agreed in the SLA agreement.

3. If the claim is allowed, the service credit will be issued to customer. This service credit compensation will only be valid when complete the whole calendar year of service contract.

viii. Disclaimer

Damage to customer equipment or business VPS Malaysia assumes no liability for any damage to, or relating to, customer’s business resulting from any causes whatsoever. Certain customer equipment, including but not limited to customer equipment located on shared server racks, may be directly accessible by other customers. VPS Malaysia assumes no liability for any damage to, or loss of, any customer equipment resulting from any cause other than VPS Malaysia’s gross negligence or willful misconduct to the extent VPS Malaysia is liable for any damage to, or loss of, the customer equipment for any reason, such liability will be limited solely to the current value of the customer equipment.

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