Service Level Agreement (SLA)
 
The present agreement describes the availability guarantee of the Top.Host service network. The guarantee applies to any customer of Top.Host without any outstanding debt during the period of network unavailability.
 
 
Form and procedure for implementing the guarantee
Top.Host has as main objective to provide the content of the hosted site available (uptime) for access from anywhere in the world, anytime. The service downtime is defined as the loss of all Top.Host plans from its backbone providers.
 
The goal of Top.Host is to keep the average plan loss at 0.1% or less during a calendar month, as measured by the company. Downtime is measured after the notification by the customer via the ticketing system of Top.Host about the inactivity, the moment of the interruption. If it is impossible to access the ticketing system, then a call should be made to the Customer Service Department of Top.Host. The System Administrators of Top.Host will determine the end of downtime. If the average plan loss exceeds 1%, then Top.Host will provide credit to the customer in the form of service subscription time, according to the following tables.
 
 
Credits
1. Web, DNS and Reseller Hosting 
In case of:
a. availability less than 99.9% in the period of one calendar month, of the Webserver, the Database Server, the technological equipment or the infrastructure of the data center hosting your site, or 
b. availability less than 100%, of the network of the data center hosting your site,
then Top.Host will credit your hosting plan with free hosting time as follows:
 
Monthly operation | Credit
97% to 99.9% | Credit 50%
96.9% or less | Credit 100%
  
2. Dedicated Servers
For Dedicated Servers with provided SLA guarantee, in case of:
a. availability less than 99.99% in the period of one calendar month, of the technological equipment or the infrastructure of the data center hosting your site, or 
b. availability less than 100%, of the network of the data center hosting your server,
then Top.Host will provide retroactive credit equivalent to the difference between the guaranteed level of availability of the service provided in SLA class by the specific server during the month and the calculated level of service availability. The credits apply only to the size of the monthly amount paid as consideration of the services and do not involve any damage that may result from the non-availability. The credits are calculated according to the following table, measuring 24-hours a day in a calendar month, with the maximum credit not to exceed 50% of the monthly service charge for that month.
 
Monthly operation | Credit
97% to 99.9%  | Credit 10%
96.9% or less | Credit 50%
 
The credit is applied in 60 days from the day of submitting the request. The credit of this format is the exclusive compensation in the event of downtime.
 
 
3. Cloud Hosting
 
3.a.
For the Cloud Servers, if:
i. the Cloud Server is available less than 99.97%, or
ii. the network to the data center hosting your site is available less than 99.99%,
 
then Top.Host will provide retroactive credit based on the following:
 
Credit 1% for every 0.01% less than 99,97% (VM availablity)
Credit 1% for every 0.01% less than 99,99% (network availability)
 
The credits are calculated measuring 24-hours a day in a calendar month, with the maximum credit not to exceed 20% of the monthly service charge for that month. Excluded from the non-operation times are the scheduled maintenance procedures of the data center.
 
3.b.
The credit applies if the customer submits the request within 5 hours from the time the problem occurred for unavailability of the Cloud Server and within 5 days after the end of the month in which the problem occured.
 
3.c.
If the customer requests an upgrade to the infrastructure of the Cloud Server, the maximum request execution time is 3 working days.
 
Restrictions
The customer will not receive any credit for any failure, malfunction or unavailability of the website due to or associated with:
a. circumstances beyond the reasonable control of Top.Host including, without limitation, governmental activities, war, insurrection, sabotage, armed conflict, blockade, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, inaccessible or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation of ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or the energy required for the use of appropriate equipment for the provision of this SLA.
b. Planned or emergency maintenance and improvement of the technological equipment of the company
c. Issues with DNS, FTP, POP, IMAP or SMTP client access
d. False reports of non-functioning of Top.Host systems
e. Acts or omissions of the customer (or other acts or omissions committed or authorized by customer), including, without limitation, custom or coding (e.g., CGI, Perl, HTML, ASP, etc ... ), any negligence, willful misconduct, or use of services with violation of conditions of Top.Host and the provisions of the acceptable use policy.
f. Delivery or transmission of email or webmail
g. Outages elsewhere on the Internet that hinder access to the Customer. Top.Host is not responsible for their browsers or DNS which can make the appearance of the service to the Customer impossible. Further, Top.Host is not responsible for problems arising because of the internet access quality of the provider chosen by the customer. Top.Host will guarantee only those areas under its control, namely: the servers, routers and their connection to the Internet.
 
 
Hardware replacement guarantee 240 minutes (for servers with SLA)
Top.Host guarantees the operation of all rented / purchased material parts and shall replace any failed component without any financial burden on the customer. The replacement of the material will start once Top.Host determines the cause of the problem. The replacement of the material is guaranteed to be complete within 240 minutes from the identification of the problem. If it takes more than 120 minutes to replace the defective material, Top.Host will reimburse the customer the fee of one day per hour that the system is not working (up to 100% of the monthly access fee of the customer). This guarantee excludes the time required to rebuild any RAID series.
 
 
Access fees
The access fee for customers with Shared Hosting plans is the monthly basic access paid by the customer for the plan, at the data transfer limit allowed each month without additional expense, excluding the organization fees for additional services on the server or other types of options, such as additional IP addresses, hourly support costs, etc.
 
 
For the dedicated / colocation / managed customers the access fee consists of the basic monthly fee paid by the customer for standard plans of Top.Host, including the use of the host, the use of electricity in the area provided to the customer at no additional cost, and up to the data transfer amount allowed each month without additional charge. The access fee for SLA credit reasons excludes all other fees that will be billed to the customer, including, without limitation, the costs relating to the management services, incremental bandwidth usage and electricity fees, additional IP addresses , the RAM, or hard drives beyond those available without additional charge under the standardized rates of Top.Host.