This Service Level Agreement (this “SLA”) describes Yapapp commitment to providing excellent customer satisfaction to each and every one of its customers. YapApp understands the importance of your server or website availability on the Internet and YapApp will take every measure that it can in order to provide an excellent level of service and maximum performance and uptime comparable with the best in the industry. This SLA is provided to all YapApp customers at no additional costs. This SLA is incorporated by reference into any agreement you may have with YapApp. YapApp may modify or amend this SLA at any time by posting a revised version at www.yapapp.net. By using the Services, you agree to the most recent version of this SLA.
- Servers Availability: YapApp will use commercially reasonable efforts to make the Servers available 99.5% of the time in a given calendar month (the “Service Commitment”). In the event Servers is unavailable when the server does not respond, measured from the time YapApp acknowledges the server blackout to the time when the service is restored. Should server availability drop under 99.5% under the terms of this SLA, YapApp will credit client 5% of the Recurring Charges for the next Payment Cycle. “A credit shall not be payable unless you request it within 40 days of the end of the calendar month in respect of which the Uptime Service Level was not met.”
- Monitoring. To verify that the server is available, the Company will ping the HTTP service on the server by retrieving HTTP headers every 5 minutes with a 30-second threshold. If an HTTP service does not respond, the server is considered non-operational and is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to the Support Center.
- Network Availability: Network availability is defined as the AWS network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.
- Scheduled Maintenance: To guarantee optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking Company servers off-line. Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company provides Customer with advance notice of maintenance whenever possible.
- Data Retention: THE COMPANY SHALL NOT RETAIN ANY OF CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED (A) FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND (B) FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO TERMINATED ACCOUNTS.
- Support: Phone and Email support will be from 10 AM to 6 PM IST Monday to Friday, However, Emergency cases will be supported 24 X 7 X 365.
- Chargeable System Administration:- Any /every configuration or installation, performance tuning or trouble-shooting of any kind which involves accessing the customer’s server and is not part of our Server Management plan, would be termed as chargeable system administration.
- Services Included:
- Back-up of data on a regular basis.
- Monitoring of servers with respect to availability.
- Services to apply SSL on Web and Backends server, depending upon the requirement.
- Associating Domain with Servers.
- Costs Not included (Commonly Misunderstood inclusions):
- Cost to purchase SSL certificate
- Domain Purchase Cost
- Email account cost
- Issues / Factors / Causes outside the immediate purview of YapApp.
- Pre-Announced scheduled maintenance downtime
- Customer’s Local Area Network (LAN)
- Softwares / Access Limitations / within the customer’s local and internal network environment which includes but is not limited to local area workstations, firewall – both hardware and software, anti-virus / spyware programs, bandwidth shaping and configuration devices or any other such software / tool / virtual device.
- Any end-user software or the customer’s internet connection
- Downtime or interruption to service as a result of a DoS or DDoS Attack, SYN, Port Flood, SQL Injection or similar.
- Operating system / Software / Applications associated issues.
- Issues / complications / problems arising out of operating system exploits, corruption of the OS or its binaries, service exploits, hacking or bandwidth-based attack of any nature and intensity.
- Usage Terms
- Account / Service Cancellation: – All cancellation requests shall be shared by the client at least thirty (30) days prior to cancelling the services of their account by giving notice to YapApp. It is mandatory for the customers to send an email from the primary email address registered with YapApp when they signed up or the last updated one as per billing records.
- Account Payments: – YapApp will accept payment through means mentioned in invoice shared with client or agreed as per the Hosting Provider Agreement signed. All payments to be made are in advance and before expiry of service agreement.
- Refund Policy: – Any payment made towards dedicated servers is completely non-refundable and out of the scope of any money-back guarantee.
- Spam / Bulk Mail / UCE Policy: YapApp has a “zero tolerance” approach towards any activity which may be constituted as either sending Bulk Emails, Spam Mails or Unsolicited Commercial Email (UCE) or all the three over its network.
- If any terms are changed related to pricing on AWS (Amazon Web Services), the same will reflect on YapApp’s end also. Hence, Terms (https://aws.amazon.com/websites) related to AWS (Amazon Web Services) hosting need to be referred in parallel to YapApp’s contract terms.
- Warranties / Indemnifications: The client shall further agree to the fact that YapApp shall not assume any monetary loss, usage loss, business interruptions / disruptions or responsibility of any sort of consequential damage under this agreement or otherwise, even if it is substantiated that YapApp was aware of such damages being incurred or occurring and / or due to gross negligence. Any further expressed or implied warranty stands null and voided on any modification made to the client’s website by the client themselves or their employees. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to the Client. In such jurisdictions, YapApp’s liability is limited to the greatest extent permitted by law. The parties expressly recognize that YapApp does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with YapApp.
YapApp does not make any express or implied warranties, representations or endorsements to its clientele or any third party whatsoever with regard to any information, products or services provided through YapApp and obtained or contracted over the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. YapApp shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client.
The parties expressly recognize that YapApp cannot and does not guarantee or warrant that files available for downloading through YapApp will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to YapApp for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.