Hosting Service Level Agreement

This Service Level Agreement (this “SLA”) applies to all Services You have purchased in a service agreement (the “Customer”) with Macrojax Sdn. Bhd. and/ or its affiliates (“Macrojax”, “We”, “Our” or “Us”).

Service Level

We agree to use commercially reasonable effort to make available Our server hardware or Our network equipment with a Monthly Uptime Percentage of at least 99.9% in each calendar month (“Service Level”) in accordance with this SLA.

“Monthly Uptime Percentage” is calculated based in accordance with the following formula: 100% minus percentage of minutes in which Our server hardware or Our network equipment is Unavailable during a calendar month.

“Unavailable” or “Unavailability” is calculated as total accumulated minutes within a calendar month where Our server hardware or network equipment is entirely unavailable i.e. Your computer is unable to ping Our server hardware or network equipment and Our server hardware or network equipment are unable to ping Your computer.

“Ping” is defined as a basic Internet program that allows a user to verify that a particular internet protocol (IP) address exists and can accept requests. Ping works by sending an Internet Control Message Protocol (ICMP) Echo Request to a specified interface on the network and waiting for a reply.

(b) The Service Level is not met if the Monthly Uptime Percentage of Our server hardware or Our network equipment is less than the Service Level or if Our server hardware or Our network equipment is Unavailable for more than 0.01% of the time in any calendar month.

(c) If the Service Level is not met and You are in compliant with the Agreement, You will be eligible to claim for SLA Credits once a calendar month only in accordance with Part II of this SLA subject to Part III of this SLA.

SLA Credits

The SLA Credits are in the form of Ringgit Malaysia credits and computed in accordance with the following formula:

SLA Credits = Monthly service fee (exclude one time charges and tax) X SLA Credits Percentage

Monthly Uptime Percentage = SLA Credit Percentage as below:-

  • Less than 99.9% but equal to or greater than 99.0% = 0%
  • Less than 99.0% but equal to or greater than 98.0% = 5%
  • Less than 98.0% but equal to or greater than 97.0% = 10%
  • Less than 97.0% but equal to or greater than 96.0% = 20%
  • Less than 96.0% but equal to or greater than 95.0% = 30%
  • Less than 95.0% = 50%

(b) Any approved SLA Credits are Your sole and exclusive remedy for Our performance of any Services under the Agreement. You will not be entitled to a refund or any other payment from Us for Our failure to meet the Service Level.

(c) Any approved SLA Credits cannot be applied to services You have purchased or will purchase under another service agreement with Macrojax.

(d) To receive the refund, you must specifically request it during the month following the month for which the refund is requested. You must provide all dates and times of server unavailability along with your account detail. This information must be submitted to the Customer Support Helpdesk.  We will compare provided information with the server availability monitoring data. If We approve Your claim for SLA Credits pursuant to this SLA, We will apply for the SLA Credits against future service fees due and payable by You to Us and We will forfeit the SLA Credits upon the termination of the Agreement.

Exceptions to Service Level

(a) The Service Level is not applicable to Unavailability or any Services performance issues or Services failure resulting from or caused by:

  1. Circumstances outside Our reasonable control, including but not limited to, any force majeure event, internet access outage, virus attack, hacking, domain name server (“DNS”) issues, network or device failure external to Our data center (including at Your site or between Your site and Our data center), inability to obtain supplies or power used in or equipment needed for the provision of this SLA.
  2. Our or third-party scheduled maintenance, emergency maintenance, upgrades or system enhancement.
  3. Third-party equipment/hardware, software, other technology, or services including but not limited to, inadequate bandwidth.
  4. Any actions or inactions of You, any third party or Your representative, employee or agent.
  5. Your equipment or hardware, software, telecommunication, or other technology.
  6. Your Content.
  7. Your use of the Services is in violation of the Agreement.
  8. Your failure to comply with Our instructions in using the Services.
  9. Our suspension or termination of Your right to use the Services in accordance with the Agreement.
  10. False Service Level breach reported as a result of outages or errors of any Our measurement system.
  11. Any software malfunction, runtime error, or system bugs.
  12. Failure of access circuits to Our network where such failure is not solely caused by Us.
  13. File Transfer Protocol (FTP), Post Office Protocol (POP), Internet Message Access Protocol (IMAP), or Simple Mail Transfer Protocol (SMTP) customer access.
  14. Email or webmail delivery and transmission.
  15. DNS propagation.
  16. Browser or DNS caching that may make Your site appears inaccessible when others can still access it.

SLA Revisions

This SLA will be in effect indefinitely but may be superseded by a revised SLA, at the discretion of Macrojax, at any time. The customer is responsible for awareness of such revisions. In the event of any conflict between the SLA and Terms and Conditions, the Terms and Conditions will govern.