Service Level Agreement (SLA)

This SLA defines how HostingTom uptime commitments and service credits apply where a product expressly includes an uptime SLA.

1. Applicability

This SLA applies only to Services whose product page, Order Form or written proposal expressly states an uptime percentage. If a Service does not state an SLA, availability is provided on a commercially reasonable basis without a service-credit commitment.

2. Uptime Target

Where a product states a 99.9%, 99.99% or other uptime SLA, that published percentage is the target for the applicable monthly billing period. Unless stated otherwise, the commitment applies to network reachability of the HostingTom-managed service endpoint, not the Customer’s application code or third-party services.

3. Exclusions

• scheduled or announced maintenance;
• emergency maintenance required for security or stability;
• Customer configuration, code, DNS, firewall or operating-system failures;
• DDoS attacks, abuse mitigation or null-routing;
• upstream carrier, datacenter or public Internet failures outside our reasonable control;
• lawful suspension, non-payment or AUP enforcement;
• force-majeure events.

4. Service Credits

If the applicable uptime target is missed for reasons within HostingTom’s responsibility, the Customer may request a reasonable service credit. Unless a product schedule specifies a different table, the maximum credit for a month is the recurring fee for the affected Service for that month. Credits are not cash refunds and cannot exceed the amount paid for the affected period.

5. Claims

Submit an SLA claim within 7 days after the end of the affected month, identifying the Service, dates/times, observed impact and any supporting monitoring evidence. We will compare the claim with our monitoring and infrastructure records.

6. Sole SLA Remedy

To the maximum extent permitted by law, an approved service credit is the sole contractual remedy for failure to meet an uptime SLA, without limiting rights that cannot lawfully be excluded.