Exceptions
Client shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
3.1.
Circumstances beyond National IT's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
3.2.
Failure of access circuits to the National IT Network, unless such failure is caused solely by National IT;
3.3.
Scheduled maintenance and emergency maintenance and upgrades;
3.4.
DNS issues outside the direct control of National IT; issues outside the direct control of National IT;
3.5.
Issues with FTP, POP, or SMTP Client access;
3.6.
False SLA breaches reported as a result of outages or errors of any National IT measurement system;
3.7.
Client's acts or omissions (or acts or omissions of others engaged or authorized by Client), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of National IT's Terms and Conditions and Acceptable Use Policy;
3.8.
E-mail or webmail delivery and transmission;
3.9.
DNS (Domain Name Server) Propagation;
3.10.
Outages elsewhere on the Internet that hinder access to your account;
3.11.
National IT is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it;
3.12.
National IT will guarantee only those areas considered under the control of National IT: National IT server links to the Internet, National IT's routers, and National IT's servers.
Credit Request and Payment Procedures
4.1.
In order to receive a credit, Client must make a request by sending an email message to creditrequest@thegreenwidget.com;
4.2.
Each request in connection with this SLA must include Client's account number (per National IT's invoice) and the dates and times of the unavailability of Client's data and must be received by National IT within ten (10) business days after Client's data was not available. If the unavailability is confirmed by National IT, credits will be applied within two billing cycles after National IT's receipt of Client's credit request. Credits are not refundable and can be used only towards future billing charges.
4.3.
Notwithstanding anything to the contrary herein, the total amount credited to Client in a particular month under this SLA shall not exceed the total hosting fee paid by Client for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Client or collected by National IT and are Client's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of Client's Web site.
4.4.
Credits are not refundable and can be used only towards future billing charges.
