Service Level Agreement - Hosting

This Hosting Service Level Agreement (“Agreement”) is a contract between the person or entity using the Companyʼs Services (“Customer”) and Swiss Tech AG (“Company”) and applies to Customerʼs use of the Companyʼs Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.

1. Services.

The purpose of this Agreement, the services to be provided by the Company (“Services”) are those services, which Customer requested be supplied by the Company and for which Customer agreed to pay based on Customerʼs clicking through the options on the Companyʼs website.

2. Technical Support.

The Company provides Customer with technical support on setup of Customerʼs account on one or more of the Companyʼs servers, access, and other server related issues to the primary technical contact free of charge. The Company does not provide support free of charge for web applications, third-party software, scripts, or components from third parties or developed by Customer.

The Companyʼs servers are monitored 24 hours per day, 7 days per week, 365 days per year and support agents are available by email as posted in the support section of the Companyʼs website. In case of an operational problem, please send us a message with the full description of the problem and Customerʼs account username. Please do not send multiple messages on the same issue. Email issues must be addressed to the appropriate email account specified in the support section of the Companyʼs website. Email containing support issues sent to other departments such as billing or sales may not be answered.

3. Billing and Other Account-Related Inquiries.

All inquiries regarding the Companyʼs billing for its services should be sent to the address specified in the members section of the Companyʼs website.

All inquiries regarding reselling the Companyʼs services, purchasing of new accounts, and available discounts should be addressed to the address specified in the members section of the Companyʼs website.

4. Escalation.

If Customer is dissatisfied with the Companyʼs Service or if Customer is unable to resolve a technical support issue within the processes outlined in this Agreement please contact Companyʼs Hosting Product Manager at the address specified in the members section of the Companyʼs website regarding Customerʼs concerns. The Hosting Product Manager will review Customerʼs concerns, investigate, and respond to Customer before cob on the day following the receipt of the issue. As issues may be complex or require extensive investigation, the foregoing response time does not imply that a resolution is guaranteed within said one (1) business day.

5. Online tools, control panel, and server management.

Customer is provided with certain online tools, and the Company expects Customer to use these tools to perform all available account and server management tasks.

These tools, together with server management documentation and help, are available online at the support section of the Companyʼs website. If Customer experiences difficulty using these tools, the Companyʼs technical support personnel will help Customer learn how to use these tools. However, the Companyʼs technical support personnel shall not be expected to perform for Customer the tasks that can be done through the available tools. In case of contact with our technical support after 15min. the regular hourly rate will be charged.

6. Servers Availability.

The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.

6.1 Application (Web) Server.

(a) Availability. The Company guarantees a 99.9% rolling 30 days average of scheduled availability of its Application (Web) Servers. Application (Web) Server availability is defined as Customerʼs ability, via web browser, to retrieve the HTTP headers from a hosting server. The Company does not monitor availability of individual websites but only monitors the server availability as a whole.

(b) The Company calculates server uptime based on the following procedure. The Company will ping the HTTP service on the server by retrieving HTTP headers every 5 minutes with a 30-second threshold. If an HTTP service does not respond, the server is considered non-operational and is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to the Support Center.

In cases of two or more consecutive HTTP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded.

6.2 Mail Server.

(a) Availability. The Company guarantees a 99.9% rolling 30 days average of scheduled availability of its mail servers. Mail server availability is defined as the clientʼs ability to send (SMTP) and retrieve (POP3) e-mail via the particular mail server. The Company does not monitor individual mail accounts, but only monitors the server as a whole. Mail server unavailability caused by denial-of-service attacks, mail bombing, and other flooding techniques is not included in uptime calculations.

Mail delivery protocol (SMTP) is a “store-and-forward” type of protocol that does not guarantee immediate delivery of e-mail messages. In the case that the first delivery attempt is failed, the mail server will continue to attempt to deliver messages to the addressee according to a predefined schedule. In the case that the messages cannot be delivered for a period of time exceeding 48 to 72 hours, the messages are returned to the sender.

(b) The Company calculates server uptime based on the following procedure. The Company will ping the SMTP and POP services (retrieve SMTP and POP headers) every 5 minutes with a 30-second threshold. If either service does not respond, the service is considered non-operational and is automatically restarted. If two or more consecutive SMTP or POP tests fail, the problem is immediately escalated to the Support Center.

In cases where two or more consecutive SMTP or POP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.

6.3 Network Availability.

Network availability is defined as the Companyʼs networkʼs ability to pass incoming and outgoing TCP/IP traffic. A serverʼs unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customerʼs portion of the network are beyond the Companyʼs control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Companyʼs control and are not included in uptime calculations.

6.4 Scheduled Maintenance.

To guarantee optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking Company servers off- line. Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company provides Customer with advance notice of maintenance whenever possible.

6.5 Penalty for Non-Compliance.

(a) Application Server Availability. Upon Customerʼs notice to the Company, if availability of any server for the month is below the guaranteed level, the Company will refund to Customer, according to the schedule below, a portion of the monthly fees charged for the month during which such loss of server availability occurred:

Server availability 99.0% – 99.9%: 5% of monthly fee credited 

Server availability 98.0% – 98.9%: 10% of monthly fee credited

Server availability 95.0% – 97.9%: 15% of monthly fee credited

Server availability 90.0% – 94.9%: 25% of monthly fee credited

Server availability 89.9% or below: 25% plus 2.5% for every 1% of lost availability

To receive the refund, Customer must specifically request it during the month following the month for which the refund is requested. Customer must provide all dates and times of server unavailability along with Customerʼs account username. This information must be submitted to the Company Support Department. The Company will compare information provided by Customer to the server availability monitoring data that the Company maintains. A refund is issued if the unavailability warranting the refund is confirmed.

(b) Maximum Total Penalty. The total refund to Customer for any Service shall not exceed 50% of the monthly fees charged to that Service during the month for which the refund is to be issued.

(c) Credits may not be issued if Customer account is past due, suspended, or pending suspension.