Last Modified: September 22, 2018
100% Uptime Guarantee
Smart Creatives offers a 100% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the “SLA”. This SLA is provided as a supplement to the Terms and Conditions You agreed to in becoming a Smart Creatives customer, which is hereby incorporated by reference as an indispensable part of this SLA.
This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) websites with Us, and one (1) of those websites experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) website’s downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of Smart Creatives’ web property, DNS servers, API, or control panel.
Packet Loss and Latency
Smart Creatives does not proactively monitor the packet loss or transmission latency of specific customers. Smart Creatives does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that Smart Creatives discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from Smart Creatives’ border router(s) (first hop of egress providers router) and You notify Smart Creatives via a support ticket (or Smart Creatives has notified You of an event), Smart Creatives will take all actions necessary to determine the source of the Excess Packet Loss/Latency.
Limitations
The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“host node” outage, for any reason and whether or not such outage is caused by Us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a regular maintenance occurs or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.
Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.
Outage Credits
In accordance with the procedure outlined below, you must initiate a support ticket and request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting a credit is what triggers an event for any potential credits; however, Smart Creatives must still determine, in its sole discretion, whether or not an eligible outage has occurred. If Smart Creatives determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below:
| Outage Time Frame | Credit % of your monthly invoice |
|---|---|
| Less than 9 minutes | 2% |
| 10 – 59 minutes | 4% |
| 60 – 119 minutes | 8% |
| 120 – 239 minutes | 18% |
| 240 – 419 minutes | 35% |
| 420+ minutes | 100% |
How To Obtain Your Credit
In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. DO NOT ASSUME THAT WE ARE AWARE OF YOUR OUTAGE. Your outage may be wholly unrelated to Smart Creatives services, so unless You contact Us via a support ticket, We may not be aware any problem exists. Outages related to hardware or other services or events not under Smart Creatives control are not eligible for any guarantee or credit offered under this SLA.
You may initiate such support ticket via e-mail to help [at] wpexecutives [dot] com, or the wpexecutives.com/account interface. Whichever method You choose, You MUST obtain a Smart Creatives ticket number as proof that you initiated a support ticket related to the outage, and the support ticket MUST ask for a credit related to the outage. As stated herein, the timestamp on the support ticket will mark the beginning of an outage should Smart Creatives determine that an eligible outage occurred. If Smart Creatives was aware of the issue before You were, Smart Creatives may notify You of the outage. In such instance, You must still initiate a support ticket to confirm that You are aware of the outage, and such support ticket must still also request a credit. To be clear, You must have a support ticket number in order to receive any credits under this SLA.
You agree and acknowledge that all other terms, limitations, exclusions, disclaimers and requirements contained in Smart Creatives Terms and Conditions apply to this SLA.