SLA for Web Hosting

SLA for Web Hosting

This document has been produced by Nvrmnd Creative Agency, ​www.nvrmnd.me​, a graphic design & coding agency ​producing high-quality graphic material for small and large brands, carry out website development and providing web hosting service on the server of Nvrmnd Creative Agency.

Service Level Agreement – Web-Hosting (SLA – Web-Hosting)

Introduction
This service level agreement (SLA) constitutes an agreement describing the levels of service concerning web-hosting that the client (hereinafter “the client”) will receive from the Nvrmnd Creative Agency (hereinafter “the supplier”).

This SLA comes alongside with the IT service contract (concerning web-hosting services) between the client and the supplier and covers all areas of the client’s IT system and support.

Purpose
The client is engaging the Nvrmnd Creative Agency, for the purpose of hosting a website to be installed on the client’s web space – a web hosting service’s computer. The client authorizes the Nvrmnd Creative Agency to access that account on one side and authorizes the web-hosting service to provide the Nvrmnd Creative Agency with a “write permission” for the client’s web space on the other side.

This SLA sets out what level of availability and support the client is guaranteed to receive for specific parts of the IT system.
This SLA forms an important part of the contract between the client and the supplier. It aims to enable the two parties to work together effectively.

Scope
This SLA concerns the following parties:

The client / The supplier

Responsibilities
This SLA and equally effective service contract determines the responsibilities and duties of the supplier as they are:
– to ensure that the website hosted on the supplier’s server will be online at any time*
– ensure that weekly backup’s will be carried out**
– the website hosted by the supplier will perform/ function in a reasonable manner
– downtime of the server will be refunded – if it exceeds 12 hours for international
domains and 24 hours for Israeli domains (hereinafter “national domains”) and is not due to server maintenance related issues and/ or server updates/ errors***

Please find enclosed exceptions:
** Carried out on either Sunday or Monday.
*** The downtime will be refunded as per day off calculated in accordance to the chosen web-hosting bundle.

Please note:
The supplier guarantees response times for the web-hosting service following the Red Mail service provided on the supplier’s website www.nvrmnd.me.
The supplier reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on​-​time completion.

Responsibilities undertaken by the client:
– Notify the supplier of issues or problems in a timely manner.
– Maintain good communication with the supplier at all time.
-​ Make sure to obey the provision set under ​Copyright and Trademark.

Exclusions
This SLA is written in a spirit of partnership. The supplier will always do everything possible to rectify every issue in a timely manner.
However, there are some exclusions. This agreement does not apply to and hence the supplier cannot be held liable for:
– website content developed by a third party
– website content of which the supplier is not familiar to the code of the content
– website content and its legitimacy/ lawfulness provided by the client*
– software, equipment or services not purchased via and managed by the supplier
– sabotage of the website either through changes made by the client or a third party
– debugging the website built by a third party**

*in the event of occurring copyright issues concerning the website content provided by the client – Nvrmnd Creative Agency finds itself constrained to take down the website form the server until the issue is solved between the conflicting parties – the supplier cannot be held liable for any of these issues that might occur between the client and third parties

** In case of the event of bugs that happen to occur on the website, the client will be held liable to contact the website developer (if not the supplier) to debug the website.
Additionally, this SLA does not apply when:
– The problem has been caused by using equipment, software or services in a way that is not recommended.
– The client has made unauthorised changes to the configuration or set up of affected equipment, software or services.
– The client has prevented the supplier from performing required maintenance and update tasks.
– The issue has been caused by unsupported equipment, software or other services.
– The system has been hacked or attacked in any way (DDoS-attack or any other
cyber-attack).

This SLA does further not apply in circumstances that could be reasonably said to be beyond the supplier’s control.
The supplier will further not be liable – in any event – to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website.
This SLA does also not apply if the client is in breach of his contract with the supplier for any reason (e.g. late payment of fees).

Copyrights and Trademarks
The client represents and unconditionally guarantees to the supplier that any element of text, graphics, photos, designs, trademarks, or other artwork rendered to the supplier for inclusion in web pages are owned by the client, or that the client has the permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the supplier and its subcontractors from any claim or suit arising from the use of such elements rendered by the client.

Having said all that, the Nvrmnd Creative Agency aims to be helpful and accommodating at all times, and will do its absolute best to assist the client wherever possible.
Resolution times
The supplier will always endeavour to resolve problems as swiftly as possible. It recognises that the client’s computer systems are key to its business and that any downtime can cost money.

However, the supplier is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.
In all case, the supplier will make its best efforts to resolve problems as quickly as possible.

Severability Clause
If any provision of this agreement shall be unlawful, void, or for any other reason unenforceable in any jurisdiction, then that provision shall be deemed severable from this agreement and shall not aggrieve the validity and enforceability of the remaining provisions.