Service Level Agreement
Danesc offers a service uptime guarantee for the Danesc Services, which provides for a credit to You in the event the total availability of Danesc hosted web pages falls below 99.99% (“Uptime”). If You can demonstrate to Danesc’s satisfaction, in Danesc’s sole discretion, that Danesc has failed to maintain the Uptime, You may contact Danesc and request a credit for that month proportional to the amount of downtime, to be put towards the purchase of future Danesc Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by Danesc from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to Your web site (for example, interruptions to your ftp service or e-mail); (iv) suspension of Your account due to legal action taken or threatened against You or Your Services; (v) suspension of Your account due violations of the GT&C, as determined in Danesc’s sole discretion, including but not limited to excessive use of system resources, non-payment or other billing issues, or identification by the abuse team as fraudulent or otherwise in violation of the GT&C; or (vi) causes beyond the control of Danesc or that are not reasonably foreseeable by Danesc.
“Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. We guaranty the functioning of all server hardware components and will replace any failed component at no cost.
To receive an SLA credit, Danesc customers must contact their account manager.
General Terms and Conditions of Service
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY DANESC, LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from Danesc confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR DANESC MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR DANESC MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.
1. Commencement of this Agreement
This Agreement will only commence when we provide You with written confirmation that your Order has been accepted.
2. Supply of Services
2.1 We agree to supply the Services to You in accordance with the terms set out in this Agreement.
2.2 We will endeavour to supply the Services to You as soon as reasonably practicable and in the event that we become aware of any reason for delay we shall notify You.
3. Duration and Renewal of Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 4 below will automatically be renewed for the billing period You chose on sign up.
4.1 When entering into this Agreement as a consumer the Consumer Contracts (Information, Cancellation and Additional Charges).
4.2 Please note that by signing up for our Services You expressly agree to us commencing supply of your Services before the cancellation period has expired. As a result, You will not have the right to cancel this Agreement under the Regulations.
4.3 For the avoidance of doubt, if You use the Services in the course of business, You will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.
4.4 You are entitled to cancel the Services by contacting Us no less than 1 working day prior to the renewal date for your Services. Any request to cancel the Services will be actioned at the end of the current billing period. Once we accept your cancellation request You will be provided with written confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to You.
4.5 We reserve the right to cancel and/or suspend the Services at any time without prior notice if You breach any of the terms of this Agreement.
5.1 All fees are payable in advance and are non-refundable.
5.2 If we choose to cancel the Services we provide to You for any reason other than a breach of the terms of this Agreement by You, we will refund You on a pro rata basis.
5.3 In the event that Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the Services You will not be entitled to a refund.