Service Level Agreement

This Service Level Agreement (SLA) amends the Digital Media Agreement between the Web Designer and Business. It addresses the uptime guarantees concerning the Services we provide to you and your remedies for our failure to meet such warranties. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion; the current version may be found at https://www.sarachandlee.com/legal/service-level-agreement/.

Service Availability

Web Designer will make the Services available 99% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows:

Service Availability =

(total minutes Services are available) x 100

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(total minutes in the month) - (Excused Downtime)

Excused Downtime

“Excused Downtime” means the length of time the Services are unavailable due to:

Scheduled Maintenance;
Emergency Maintenance;
Beta Services;
and the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Web Designer’s recommendations or advertised limits.

“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.

Data Center Location:	Maintenance Windows:
Americas	10 pm – 4 am Central Standard Time
Europe	10 pm – 4 am Central European Summer Time
Asia-Pacific	10 pm – 4 am China Standard Time

“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

SLA Credits

You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime above the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime above the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) To receive a credit, you must contact Support within 30 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, may not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.

SLA Does Not Apply To Service Interruptions Caused By:

(1) Interruptions caused by client utilizing custom scripting, coding, or the installation of third-party applications; (2) Outages that do not affect the appearance of the clients website but merely affect access to your website such as FTP or website backend admin login; (3) Outages related to the reliability of certain programming environments; (4) Outages caused by supported technologies and the use of outdated WordPress Core, Theme, Plugins, and/or outdated and insecure web hosting coding, scripts, programs, operating systems, where a client refuses to pay for any plugin, theme, and/or website redesign updates that may be required to maintain the website being compatible with such systems, changes, and updates; (5) Outages caused by internet outages, power outages, or service disconnections; (6) Causes beyond our control or that are not reasonably foreseeable such as Denial-of-service (DoS) and Distributed Denial-of-Service (DDoS) attacks, Man-in-the-Middle (MitM) attack, Phishing and spear phishing attacks, Drive-by attack, Password attack, SQL injection attack, Cross-site scripting (XSS) attack, Eavesdropping attack, and/or any other unforeseeable attacks; (7) Causes beyond our control or not reasonable foreseeable such as Web Hosting Web Designers performing emergency maintenance, patches, security updates or fixes on the servers.

Conditions Affecting Performance

Certain conditions beyond the Web Designer’s control may affect the Web Designer’s ability to perform obligations provided for under this Agreement. These conditions may include but are not limited to labor shortages, internet outages, power outages, change in supported technologies, Acts of God, or circumstances or causes beyond the Web Designer’s control. Web Designer shall not be liable for, and you agree to hold Web Designer harmless for any delays, cancellations, losses, or terminations that result in damages of any kind to you as the result of any such conditions or circumstances.

Targeted Response Times

Web Designer will make every reasonable effort to respond to notifications from the Business rapidly within the time period to be measured by the first Support business hour occurring after Web Designer’s receipt of notification as outlined in the chart below.

Priority	Description	Targeted Response Time
Critical	Mission Critical, application unavailable, non-responsive, or unusable.	3 hours or less, during normal business hours.
Urgent	Components or features unavailable, no workaround possible. Downgraded user experience.	8 hours during normal business hours.
Low	Components or features unavailable but a workaround is possible. Non-critical questions, inquiries, and on-going projects.	24 hour response during normal business hours.

For the purposes of these targets, a “response” will mean an initial contact from the Web Designer representative to the Business. As a prerequisite to Web Designer’s obligation to respond to the Business, Business must follow Web Designer’s Support’s policies and procedures when submitting notifications. All Support requests must be submitted to [email protected] to be tracked, monitored, evaluated based on the standards above, and then assigned to a team member.

Support Availability

Hours during which our functional and non-mission critical technical support (Urgent and Low Priority) will be available to our Business: Five (5) days per week, Monday through Friday, excluding any holidays from 8:00 a.m. to 5 p.m. (EST). Hours during which our functional and critical technical support (Critical Priority) will be available from 8:00 a.m. to 5 p.m. (EST), 5 days a week, excluding any holidays.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about this SLA, please contact us at [email protected].