Restrictions:
Refunds shall not be provided to you in the event that you have no Web Site Availability resulting from:
(i) scheduled maintenance will keep you posted at the time of maintenance
(ii) your behavior or the performance or failure of your equipment, facilities
or applications (including coding), or
(iii) circumstances beyond IMEGH reasonable control, including, but not
limited to, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment needed for provision of
your Web Site.
1. DEFINITIONS:
Except as otherwise defined in this SLA or unless the context otherwise requires, all defined terms in this SLA shall have the same meanings as defined in the Terms of Service or applicable MSA, if any.
1 “Uptime” or “UT” means the aggregate percentage of hours in a calendar month
during which the Services are actually available for use by the Customer.
UT = 100% – DT (Downtime DT as defined below)
2 “Fault” means failure to meet the applicable service level set out in this SLA
3 “Service Time” or “ST” means the total hours in the calendar month during which
Services are being provided by IMEGH to the Customer. E.g. 30×24=720 hours in a
30 day calendar month.
4 “Emergency Maintenance” or “EM” shall mean maintenance carried out under a
condition or situation which poses danger to the system, equipment, network,
facilities required for rendering the Services, danger to life etc. as the case may be
and has to be attended immediately. iMEGH shall attempt to notify the Customer
about the emergency maintenance in advance, however depending upon the
demands of the situation; if iMEGH is not able to notify the Customer prior to
conducting such Emergency Maintenance, it may do so at the earliest opportunity
after the performance of such emergency maintenance.
5 “Excused Unavailability” or “EU” means the aggregate number of hours in any
month when iMEGH may carry out troubleshooting or upgrade to the equipment,
with intent to improve the Services, with notification to the Customer. The
Emergency Maintenance and Planned Downtime shall be deemed to be a part of
Excused Unavailability
6 “Planned Downtime” configuration changes, preventive maintenance of iMEGH
infrastructure (a) of which the Customer is notified 48 hours in advance and (b)
that is performed during a standard maintenance window from 11 PM to 6 AM IST
or (c) performed during a non-standard maintenance window at a time approved
by the Customer by a method chosen by iMEGH (telephone, e-mail). Nothing
herein shall restrict iMEGH from conducting Emergency Maintenance on an as
needed basis.
The Customer may at their discretion ask for Planned downtime to repair the iMEGH’s
infrastructure made available to the Customer. Examples of activities covered under
Planned downtime shall include but is not limited to the following activities:-
Security and updates
Routine Preventive Maintenance to prevent deterioration of the quality of Services
Preventive Maintenance of utilities like AC, UPS, Server Room (where the servers are provided by iMEGH ).
7 “Downtime” shall mean the aggregate percentage of hours in a billed month during
which any discrete/individual Service(s) offered by iMEGH was not available for use
by the Customer. DT = ((PD) + (EM) + Fault- (EU)) X 100))/ (ST). For the purpose of
downtime only the impacted service(s) or server instance(s) impacted shall be
considered.
8 “Exceptions” shall mean either an event or a set of events as are more particularly
detailed in Clause 5 hereto, the occurrence and the duration of occurrence of
which shall not constitute a Service unavailability for the purposes of this SLA and
shall be excluded from Downtime under this SLA.
9 “Support Request” shall mean an e-mail sent to support@emegh.com,detailing
Customer complaint to iMEGH in relation to unavailability of Services / Reporting
of Downtime by the Customer by a method set out under Clause 3 hereunder.
10 “Rebates” means Rebates payable in accordance with Clause 4 of this SLA.
11 “Force Majeure Event” includes but is not limited to significant failure of a part of
the power grid, significant failure of the internet, natural disaster, war, riot,
insurrection, epidemic, outbreak of infectious disease(s) which has an impact of
frustrating the provision of the Services as per this SLA, pandemic, fire, strikes or
other organized labor action, terrorist activity, acts of government authority, acts
of God, or other events of a magnitude or type for which precautions are not
generally taken in the industry and acts/reasons which are beyond the control of
any Party and cannot be predicted by men of ordinary prudence.
1. DOWNTIME REPORTING PROCESS:
1. Any Downtime should be reported by the Customer to iMEGH by sending an email
from its registered email ID support@emegh.com within 24 hours of discovering
such Downtime. The Customer shall be responsible to provide the necessary
information and cooperation required by iMEGH to enable IMEGH to perform rootcause analysis of the Service problems.
2. Upon receipt of such email, iMEGH shall investigate the reported Downtime and
shall promptly use best industry standard efforts to rectify the same. Provided that,
if the Customer does not comply with the requirements of Clause 3.1, the email
shall not be considered to be a valid Downtime report, and such period shall not be
counted as part of Downtime for the purposes of this SLA.
1. EXCEPTIONS:
IMEGH shall not be responsible for any Downtime to the extent that such Downtime
results from any of the following events or a combination of such events:
Any interruptions resulting from defects or failures in or use of the Customer’s
software or any third-party services or any facilities provided, procured or
operated by or on behalf of the Customer including but not limited to any 3rd party
open-source Software or Software Licenses provided by iMEGH;
Incomplete, inaccurate information provided by the Customer to iMEGH in relation
to the Services or information relevant to procuring/creating an iMEGH customer
account;
The performance of traffic exchange points, including Internet networks or
exchanges controlled by any third parties;
Any delay or failure in complying with any of the Customer’s obligations under the
Terms of Service and/or MSA, as may be applicable;
DNS issue outside the direct control of iMEGH
Failure of the Customer links, access circuits, local loop or any network not owned or
operated by iMEGH ;
Time taken during offline backups, either planned or requested by the Customer
after advance intimation by iMEGH ;
Any act or omission on the part of the Customer including but not limited to failure
to notify iMEGH on the support e-mail support@emegh.com for any unexpected
Downtime
