The Netwayweb.net Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Netwayweb.net shared & reseller services only and is not applicable with Dedicated or VPS services.

Uptime Guarantee:
Netwayweb.net strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Netwayweb.net monitoring systems or Netwayweb.net authorized/contracted outside monitoring services. If Netwayweb.net fails to meet it's 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. Netwayweb.net does not credit a full month's service for minor downtime. This would not be financially healthy for Netwayweb.net, and in turn would only negatively affect the service level Netwayweb.net provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Netwayweb.net 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.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Netwayweb.net 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...cutting a fiber line somewhere)

·     Backbone peering point issues (PAIX)

·     Scheduled maintenance for hardware/software upgrades

·     DNS issues not within the direct control of Netwayweb.net

·     Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Netwayweb.net service(s) in breach of Netwayweb.net Policy and Service Guidelines (AUP), by Client or others authorized by Client.

·      DDOs attacks or any IRC related attacks

Connectivity:
Netwayweb.net goal is to make the Netwayweb.net network 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 Netwayweb.net service failure for more than 15 consecutive minutes, excluding service failures relating to Netwayweb.net scheduled maintenance and upgrades. The Netwayweb.net network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure.

Measurement:
Netwayweb.net will periodically (on average every 1 minute) monitor Netwayweb.net network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Netwayweb.net network but not other networks to which Client may connect. Netwayweb.net reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Netwayweb.net and made available to Client.

Hardware Failure:
Netwayweb.net stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Netwayweb.net utilizes only name brand hardware of the highest quality and perfomance. Netwayweb.net will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within 8 hours of problem identification. 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. Router failure is governed by current Netwayweb.net contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Netwayweb.net will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits:
In the event that there is no Web Site Availability, Netwayweb.net will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

Web Site Availability Credit
95% to 99.8% = 25%
90% to 94.9% = 50%
89.9% or below = 100%

In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by opening ticket at http://www.netwayweb.net/helpdesk.php. Credits will usually be applied within sixty (15) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy in the event that there is no Web Site Availability.

General:
Netwayweb.net reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Netwayweb.net makes no claims regarding the availability or performance of the Netwayweb.net network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.