Service Level Agreement (SLA)
This agreement of guarantees of the delivery of services hereafter referred to as "Service Level Agreement" (or abbreviated as "SLA") applies to relations between Host Color (Host Color LLC or HostColor.com) and to any customer who commissions the services of said company.
All the customers of Host Color (governed by Host Color LLC) agree to the terms as an integral part of any contract for delivery of services which begins automatically once the web subscription form is filled out and submitted electronically. This Service Level Agreement regulates the relationship between the customer (you) and the service provider (us). It covers all the services which you, the subscriber, have chosen to initiate and the related charges. Please note that the whole Service Agreement contains the following components: "General Service Agreement" (GSA), "Terms and Conditions for Use of Services" (Terms of Service or TOS), "Dedicated Server Hosting Terms An Conditions (DSHTC)", "Colocation Terms And Conditions" (CTAC) and "Limits on Use of Services" (Acceptable Use of Policy or AUP). This Service Agreement may include additional documents if services purchased require the customer to comply with further conditions.
When we use the terms "Agreement" or "Agreement of guarantees of the delivery of services" on any of the websites of Host Color, in printed documents, electronic mail or other documents or correspondence, this refers to the entire document, not just parts of it. As our customer, you consent to the Service Agreement at the start of each subscription. This agreement starts immediately following the submission of an order form on our website or after signing a contract and is in force until the expiration of the subscription period. Unresolved issues such as missed payments or other controversies of a legal nature may result in a disruption of the agreement. Host Color accepts explicitly that every customer who completed an order form ("Document for Entry into Service") has read the service order agreement, is familiar with its terms, and agrees to abide by them. Host Color contends that this Agreement is meant to be implemented in the mutual interest of parties to which it applies.
General Service Agreement (Basic Agreement)
1. What is The Agreement?
You will be asked to sign a "Service Order" (also "Procedure for Service") document which Host Color will prepare depending on the services which will be provided. The "Procedure for Service" includes all components of the service that you wish to be included and the associated costs. The "Procedure for Service" includes the entire agreement and guarantees of the delivery of services (SLA), which include "Basic Agreement" (General Service Agreement), "Conditions for Use of Services" (Terms of Service) and "Limits on Use of Services" (Acceptable Use of Policy). It may also include additions to the SLA if requested services by the client require Host Color more conditions. The word "agreement", refers to any of the above mentioned interrelated documents. The agreement shall be enforceable once the "Procedure for Service" document has been issued.
Conditions of Service (Acceptable Use of Policy): Conditions for the use of services are published on our website. They can be found on the homepage of Host Color and links to this page can also be found on the order form.
Software: Software refers to the operating system (OS) and other programs and applications installed on our servers. As our customer, you have the right to use the software produced by Host Color. This software is copyrighted and is the property of Host Color. If we use any software owned by a third party, this will be clearly indicated. If any technical and other support is necessary for software owned by a third party, understand those companies are not bound by this agreement. Furthermore, Host Color is not responsible for the software and/or programs produced and/or installed on servers not owned or operated by Host Color. Please note that the proper use and operation of software owned by another party, which is not part of this agreement, may require you to directly contact the software manufacturer, which may include payment of fees, the acquisition of licenses or other forms of payment for use. Such relationships are entirely your responsibility and Host Color. is not liable.
Hardware (Equipment, Devices): Servers, virtual servers, or shared space that you use as our customer which include high-quality components. They are 100% owned by Host Color and made available for our customers to use, unless a contract explicitly states otherwise. The customer is responsible for the equipment and any loss or damage that may occur while in use. If any of the hardware components of the server fail under normal use conditions, Host Color will temporarily remove the parts from use in order to replace or repair the component.
Host Color issues a principled commitment to get the server back online within five (5) hours if the damage happens during the regular business hours of 9:00 am to 5:00 pm on weekdays. Failure to restore the server within this five (5) hour period will result in a credit to Customer's account which can not exceed thirty times the amount of forced interruption. The client is entitled to receive cash compensation or receive one free service month. "Emergency break" (Downtime) is the total number of minutes that had interruption service. This price is calculated based on monthly fee customers pay for use service Host Color.
If the customer prefers to obtain a credit, this amount is calculated based on the service plan. The credit cannot exceed the monetary value of one service month. If, for whatever reason, interruption of the services described above, significantly exceed the equivalent of one month's service, Host Color may compensate customers by reducing the monthly fee for additional periods of time.
Please note that this part of the conditions for use of services relates exclusively to dedicated servers and equipment owned by Host Color LLC. These conditions do not apply to hardware, servers and equipment owned by the client and put it to use in a data center infrastructure by Host Color. Please also note that the standards and deadlines for the restoration of interrupted service are based on regular weekday working hours. Outside of those parameters, it is very possible that the deadline for the restoration of interrupted service could be extended considerably. Because of various circumstances relating to third parties, Host Color does not guarantee the time period in which to identify and remedy problems in the hours after 5:00 pm Eastern Time.
Please also note that the internal standardized method which Host Color utilizes to identify and repair hardware problems with your server should not take more than two (2) hours. Since this agreement governs the legal relations between Host Color and our customers, we aim to be extremely precise in assuaging any problems with service operations and are always looking to provide for the most expedient method of recovery.
Standard Business (working) Hours: This is the time period between 9:00 am and 5:00 pm EST. This time period refers to the time zone where the server or other equipment in use is physically located.
Third Party Software: Please note that the software programs and property of third party that are not installed on Host Color servers may require technical and other support from producers or copyright holders. Any additional cost for maintaining software and programs owned by third-parties is the sole responsibility of the customer.
Net (Network): The Host Color network is designed to ensure a high level of performance, usability and availability of service. Host Color insures 99.99% network utilization (uptime).
Network Unavailability (Network Downtime or Downtime of the network): Network Unavailability is defined by this agreement as a 100% loss during transmission of data (data packets) from the server(s) of the client, located in a data center and/or Host Color network to the nearest internet backbone server. Please keep in mind that network is defined as what Host Color owns: the C class IP (Internet Protocol) network of servers utilized by our customers.
100% guarantee (Network Uptime): Host Color will reimburse 5% of the monthly fee paid for use of web hosting services for every 30 minutes that there is a disruption in the availability of the network (Network Downtime). The maximum amount of credit that customer is eligible to receive can reach is 100% of the fee paid by the Customer to use the services that were not available.
Managed Hosting (Managed Service): The customers of Host Color Managed Hosting services are eligible to receive priority access to special services including technical support which can help resolve any technical problems faster and ensure a higher level of hosting service and the fastest possible service. Using Managed Hosting services is to the advantage of Host Color customers who are then able to use the technical expertise of Host Color for any aspect their relationship with the company. It includes tips and advice on choice of hardware, software configurations and comprehensive hosting solutions.
24/7 Support (Customer Service): 24/7 Support means that Host Color has an employee or a contracted agent available 24/7 at our main data center, based out of South Bend, Indiana. It also means that our Customer Support and Network Operations Center (NOC) work 7 days a week.
Server Bargains (Discount Dedicated Servers): Restocked servers, that have been previously used by Host Color customers or any third parties. No compensation is due to customer who purchased an item listed in "Server Bargains". Host Color may not be hold liable for any loss of data, interruption of any particular service or total downtime, result of failure of any hardware component.
Interruption of service: "Service disruption" includes inability to be use HTTP, POP3, SMTP, FTP, SSL and DNS on the way in which they were configured for our customer.
"Emergency break" (Downtime): This is defined as an interruption of service for at least 10 minutes.
Forced break: is when the server or servers are not available through standard means of communication in the internet, or trying to reach the network Host Color from the nearest internet backbone when the service (equipment) is able, but not functioning.
Response: The services defined above are subject to guarantee; breaks in service will be restored to typical usage within two (2) hours from the identification and validation of the forced interruption by a team member of Host Color.
Credit: In a case where there is a forced interruption of service for more than four (4) hours because of problems with the network, rather than hardware, the customer may request to receive monetary compensation equal to 25 times the amount of the the actual forced interruption of network availability.
Monetary compensation is calculated based on the monthly fee for the service which the customer pays. It cannot exceed the cost of the service the customer pays for one (1) full month and will only be paid once per calendar month. Any compensation shall be calculated using the following formula: total number of minutes of a forced break, times the monthly cost paid per minute by the customer, and multiplied by 25.
Monetary compensation will be paid no later than the end of next working month, unless there have been additional circumstances which require technical expertise or other documentation necessary to clarify the situation of forced interruption. Host Color may decide to accelerate or slow down the payment of cash compensation if the delay is a result of circumstances which not provided for in this agreement.
Copies of Data (Backup): Host Color customers should understand that maintaining copies of customer data is not part of the service provided by our servers or managed servers, unless this is expressly written into the contract. If the client does not explicitly record said specification into a contract clause that Host Color is not obliged to make a copy of the information stored upon the server and therefore will not take responsibility for any loss of information the customer had stored on servers. Host Color customers using servers and managed servers are aware of the fact that they are responsible for having copies of their data outside these servers.
This includes any loss of data due to hardware failure or any other type of system error. In cases of data loss when the client has no explicit clause for Host Color to provide a copy of the information, Host Color will not be liable for any damages that the client suffers as a result of loss of information. To better serve its customers and to minimize risks for any loss of information, Host Color offers standard server configurations in which customer information is secured with 2 (two) or more information media (hard drives, HDD).
Service Order (Online Service Order): This is either a paper document or a submitted web form, for entry into service, in which the conditions and standards of the described services and the resulting products utilized are specified. Any service provided must have the necessary "Proof of Commissioning". This is document which shall be signed by you, or an authorized representative, our customer. In web pages under the Host Color for domain "service commissioning" submitted by the client to Host Color LLC through the Order Form. These forms contain a box "I agree with this agreement and the guarantees of the delivery of services" (the Agreement) which once the document has been completed and submitted, the client has stated compliance with the Agreement.
Disk space (Storage Space): The phrases "disk space" or "storage space" mean the space of a hosting account physical location of disk arrays on servers of Host Color LLC.
Data transfer (Bandwidth): Data transfer is the total amount of information placed (uploaded or downloaded) into your hosting account (virtual or physical) by an agent who is outside the Host Color's network. When internet users visit your web pages, your hosting account to your computer sends data to the visitor. This data may include web pages, photos, videos, sound files, software programs, compressed files and anything else you may apply to your webpages and/or may be placed or downloaded from your account. The more visitors you have on your website, the more general transfer of data through your hosting account.
Restrictions (Limitations): Only clients with managed hosting services provided by Host Color will be extended the package of guarantees known as the "Managed Hosting Guarantee" as defined in the Agreement. Restrictions and safeguards are in place if service is unavailable and/or there is an involuntary interruption of service due to a problem in the hardware that serves the stability of the network services and other internet components that are outside the Host Color network. This includes such components or network services that Host Color customers use to get to the internet. Any monitoring systems that are not part of the Agreement or not enrolled in a contractual relationship with Host Color cannot be used as a tool for screening nor for used as evidence of the condition of a service. Data retrieved from such monitoring systems cannot be used to evaluate terms of this Agreement or any contract Host Color has with a client.
Guarantees and compensation protected in this Agreement do not apply in any case where there is an attempt to damage or remove non-built components of the Host Color network or the customer's equipment. In the presence of a serious hardware problem, response times to a customer can be increased by one (1) hour, if such time is needed to solve the problem or to identify the fault. Customers are obligated to notify Host Color if a third party in anyway attempts to harm the usage of service. Upon notification Host Color will send a confirmation of receipt. This includes the acquisition by a third party direct access to the equipment of the customer.
Customer must prepare documentation which affirms the disruption of regular activity of from a third party that comes from at least two (2) different trace routes made up of different and independent points. Any interruption of service (Downtime) will be measured from the time the customer has reported the forced interruption of service to Host Color electronically or by phone call, if for some reason the system is not accessible use. The end of the forced interruption of will be measured in time until the point in which the customer may use all its components.
In the presence of an involuntary interruption of service under the procedures of this Agreement, the customer must notify Host Color within five (5) working days of such a situation and provide information about it via support ticket, email or in writing by documents sent by registered mail to the mailing address of Host Color LLC: 244 Fifth Avenue, #2058, New York, NY 10001, United States. If this deadline is not met, the customer loses the right to any compensation recorded in the current agreements.
Any customer who chooses not to use monitoring instruments or limit their usage does so with the understanding that this customer of Host Color automatically loses the right to receive the compensation provided for under this Agreement.
3. Duties of Host Color
Depending on your choices specified in the Agreement and to the extent to which our criteria covers the technology, Host Color will create and provide IT hosting services as defined by the standards secured in the Agreement. Host Color will also provide a range of additional services and products according to any requirements a customer may have.
Host Color will comply with the strict procedures and regulations instituted under the Agreement as it is these parameters which allow us to provide the highest possible quality services to our customers.
According to the types of services you commission and in accordance with the contractual relationship between you and Host Color in the Agreement, we will gladly provide you with the technological expertise and assistance with your internet projects.
3. Obligations of Customers
You, as a customer, have agreed to use the services of Host Color and understand the necessary level of security and caution, including the sharing of information and documents with Host Color, storing data on the server(s) that you use. Moreover all customers are required to comply with the legislation that governs the applicable content on the servers that are used, and will follow strictly the Acceptable Use Policy (AUP) of HostColor.com. As our client you are obliged to cooperate with each HostColor.com warranted investigation of a forced interruption of service, security problems, and any other violations of this agreement.
You agree to provide the accurate information to Host Color, so that both parties can benefit from correct documentation, including the collection of necessary taxes (VAT) and charges for licenses, etc. You also may need to collaborate with Host Color on cases in which law enforcement requires information relating to the contents of the server(s) which you use.
Customers must provide correct and accurate information within the customer profile, including that which relates to financial dealings with Host Color. Customers of Host Color will be required to pay all service charges and liabilities arising from using the services of Host Color which are clearly described in the "Service Order" form signed by you or activated once you submitted the completed order form electronically.
5. What Does Host Color Not Guarantee?
Host Color does not promise that the service will never be interrupted or delivered without accidents or errors. You, as our customer, acknowledge that there are risks inherent in internet connectivity, which can ultimately lead to loss of confidentiality of data you and the ownership of the content on your servers.
Host Color refuses to take specific or comprehensive safeguards on matters which are not described in the Agreement (SLA). Customers are fully responsible for whether or not selected services are suitable for the intended activities and achievements. If you signed a contract that expressly provides for additional services or products at any given time, Host Color will provide them based on their presence and specific opportunities at the date of such request.
Host Color does not promise, and assumes no obligation to make a copy of your information (Backup), unless such service is not ordered from you and does not appear as part of the services you use and/or is not part of the "Service Order "signed by both parties. We do not promise and are not required to work on the recovery of your lost information that we were not obliged to secure under this Agreement.
6. Unauthorized Access to Your Data
Host Color is not responsible for unauthorized access to your data through your account by third parties, unless they are the result of our error or technical failure in securing the services we provide as listed in standards of the Agreement. You are fully responsible for the use of Host Color services rendered by your employees and/or others who may have access to your account and servers. Customers will shoulder full responsibility for any eventual damage and interruption of service due to the negligence shown on their side.
The initial period begins at the time of signing the "service commissioning" order form. This period is indicated as the dates in which Host Color begin to provide the service as agreed upon by the customer. Before the expiration of a contract HostColor.com can offer an extension, which may include adding or deleting clauses to the previous agreement. If neither of the two parties requires a renewal of contract with changed conditions, the contract automatically continues as previously stated in the Agreement as a month to month period. In the absence of a signed new contract, the previous agreement governs all relations between the two parties for each subsequent one-month period unless either party sends a written 30-day notice of termination of this relationship.
All installation charges and any other fees necessary for entering into service must be paid within three (3) working days after signing the "service commissioning" order form. The first monthly payment is due prior to activation. Service fees for each additional month must be paid to Host Color within three (3) working days of the monthly due date determined by the actual date of activation. Customers who are part of an automated payment system will be charged on the due date or up to five (5) working days thereafter. If fees result from the use of various additional services or the use of higher quotas for data transfer, etc. those will be charged during the month following that in which the service was used.
All fees must be paid on time. Host Color LLC reserves the right to terminate service if payment has not been made within five (5) working days after the last period. This termination extends to any other related services the customer may have as well. Customers are responsible for any reactivation fees, if any exist. Late payments will accrue interest charged by Host Color. The rate is 1.5 percent per month and is charged for each day on the arrears. For all payments overdue by more than 30 days, in which Host Color LLC finds it necessary to collect by legal means, the client pays all expenses incurred by the provider for the collection of duties, including expenses for legal fees.
If a bill for services is paid by check or credit card and the bank refuses payment because of insufficient funds Host Color LLC will require payment of an administrative fee appropriate to the costs of receiving payment.
If the fee the customer pays to Host Color LLC is for services on a contract which has expired, Host Color reserves the right to increase the fee for the use the services but will not do so without sending the client written notification at least 30 days before the payment due date of the new increase.
If Host Color LLC becomes required by law to pay any fee or tax, arising from the use of customer service, the customer is obliged to cover costs incurred.