Service Level Agreement
ANNEX II TO THE TERMS OF SERVICE AGREEMENT
ForexVPS is committed to providing the highest quality service to all customers, on a best effort basis. Our commitment is backed by this Service Level Agreement (SLA), which discloses guarantees provided, and applied to all customers who have ordered VPS Services through ForexVPS, and have a current (i.e., not past due) account.
ForexVPS guarantees 99.9% Service Availability, measured on a calendar-month basis.
The Company will provide technical support to the Customer free of charge for issues relating to the Company servers and access to authorized servers, Products and Services. Any and all web applications, third party software, scripts, or components from third parties or developed by the Customer are not supported by the Company's technical support. Company monitors its servers 24 hours a day, 7 days a week, 365 days a year. Technical support agents are available via email. The Customer must send a message containing a full description of the issue, as well as the Customer's account username. Multiple messages on the same issue should not be sent, and should be addressed appropriately, as support issues sent to other departments may not be answered.
Billing and Account Related Inquiries.
All billing inquiries for its Services and Products, as well as all inquiries related to purchasing new Products and Services, and available discounts should be sent to the appropriate e-mail address (info(at)forexvps.ch
ForexVPS's goal is to achieve 100% Service Availability for all our customers. Our published service level agreement is 99.9%. If the Service Availability of customer's Web site is less than 100%, ForexVPS will issue a credit to the customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Products and Services.
|Service Availability||Credit Percentage|
|99.5 to 100%||0%|
|98% to 99.6%||10%|
|95% to 97.9%||25%|
|90% to 94.9%||50%|
|89.9% or below||80%|
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
- actions of the Customer or others authorized by Customer to use the Service under the Agreement;
- the failure of power, facilities, equipment, systems or connections not provided by ForexVPS;
- failure of access circuits to the ForexVPS Network, unless such failure is caused solely by ForexVPS;
- planned maintenance and emergency maintenance and upgrades;
malicious events such as Denial of Service attack, hacker activity, targeted against ForexVPS or a ForexVPS Customer;
- DNS issues outside the direct control of ForexVPS;
- the failure of Third Party Service to ForexVPS network;
Credit Request and Payment Procedures
In the event that ForexVPS neglects to maintain our Service Level Agreement, the Customer may request a credit for Services. In order to receive a credit, the Customer must make a request by sending an email message to : info(at)forexvps.ch . Each request in connection with this SLA must include customer's account number and the dates and times of the unavailability of customer's VPS Server. Additionally, the Customer's request must be received by ForexVPS within ten (10) business days after the affected date. (ie. Date the customer's VPS Server was unavailable). Once ForexVPS has confirmed the unavailability of Services based on the information provided in the Customer's credit request, credits, exclusive of any applicable taxes charged to Customer and collected by ForexVPS, will be applied to the Customer's account within two billing cycles. Credits will not be applied to accounts. Customer may not receive more than one (1) credit per incident, and in no event will the Customer receive greater than one month's recurring charge per incident under this SLA. Customer must be a ForexVPS Customer with a current (i.e., not past due) account to receive the credit. Credits will not be applied to accounts that are past-due or for accounts that are cancelled before the conditions of credit are met. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits cannot be used to make past due accounts current or applied against past due balances.
Applicable Law and Jurisdiction
Unity Web has its seat in Geneva, Switzerland, where this Site is operated. This Site, the rules it includes, its use and these general terms and conditions are governed by Swiss law, excluding conflict of law rules. The user consents to the jurisdiction of the courts of Geneva, Switzerland for any action to enforce this legal disclaimer or brought with respect to this Site, the appeal to the Swiss Federal Court being reserved.
In case an action is brought with respect to this legal disclaimer or this Site and on the basis of a contract, the rules on jurisdiction in the contract shall prevail.