Last Modified: January 12, 2023

This Hosting Service Level Agreement (“Agreement”) is a contract between the person or entity using the Company's Services (“Customer”) and xByte hosting, LLC. dba xByte Cloud. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.

As used in this Agreement, "you" or "your" refer to you, the Customer and "we", "our" or "us", xByte Cloud. By agreeing to our Terms of Service you acknowledge that you have read, understand, and agree to the terms provided herein.

NETWORK AVAILABILITY

xByte Cloud shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard to ensure that your xByte Cloud service is available to you, The Customer 99.999% of the time in any given calendar month.

xByte Cloud is only responsible for ensuring access to our network remains intact, meaning the data center and its connection from uplink providers going directly into the data center. xByte Cloud will not be held responsible for any connection problems caused within third party networks outside of our network that are not under our control or supervision. It is the customer's responsibility to provide us with proof of any loss of connection experienced within our network.

“Scheduled Downtime” refers to situations where xByte Cloud will inform you of periods of downtime prior to the application of the Downtime and or Scheduled Maintenance. Scheduled Downtime is not considered Downtime for purposes relating to the xByte Cloud SLA. You will be informed through the web-based panel associated with your Service Contract. During emergency situations, xByte Cloud reserves the right to perform unscheduled maintenance without prior announcement. During emergency situations any downtime periods should only be until we've the emergency Maintenance.

The latest backup is generally the backup completed up to 24 hours before the data backup is requested to be restored.

SERVICE LEVEL

xByte Cloud strives to maintain a 99.999% network and server uptime service level. This uptime percentage is a monthly figure and is calculated solely by xByte Cloud monitoring systems or xByte Cloud authorized/contracted outside monitoring services. If xByte Cloud fails to meet it's 99.999% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case-by-case basis. This uptime guarantee does not remain valid should any scheduled maintenance work result in downtime for a period until the scheduled maintenance window has been completed.

xByte Cloud guarantees a 99.999% uptime; however, should we not, we will offer customers a service credit at 200% as defined above in the Service Credits section. This service credit is non-refundable upon cancellation and can only be used for current or future charges.

For Customers who have opted into backups, xByte Cloud shall do a nightly backup of our customer's data to our backup server(s). In the rare event of hardware failure and we cannot provide you with the most recent backup, you are entitled to an immediate refund of hosting charges limited to the last 3 months.

CREDIT REQUEST AND PAYMENT PROCEDURES

Customer must provide details to xByte Cloud via a Support Ticket or through their Billing control panel to receive credit. Please provide the name of the server, the dates, and times of the unavailability of the Customer's Web site within 72 hours of the Customer’s website not being available. Upon confirmation of reported outage, xByte Cloud may credit Customer within seven (7) business days after xByte Cloud receival of Customer's credit request. Credits are not refundable upon cancellation and can be used only towards current or future billing charges.

It is the customer's responsibility to request service credit. Customers submit these requests via our Support and or Billing department. You can submit tickets via your Billing Control Panel https://billing.xBytecloud.com. All Service Credits are calculated 200% of unavailability incidents periods, up to 100% of your monthly fee. Example: Monthly Fee = $100. Assuming a 1-hour outage, the credit would be calculated as 1 hour * 200% = 2-hour credit. The total amount credited to Customer in a particular month under the is SLA shall not exceed the total hosting fee paid by Customer or Reseller for the month of effected service.

Credit remedies do not apply to monthly fees charged for support of applications

EXCEPTIONS

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the xByte Cloud network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement, Telco Failure or Failure of access circuits to our network, unless such failure is caused solely by xByte Cloud.

Backbone peering point issues

Scheduled maintenance for hardware/software upgrades

DNS issues not within the direct control of xByte Cloud Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of xByte Cloud service(s) in breach of xByte Cloud Terms of Service Agreement

Email or webmail delivery and transmission issues.

Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of xByte Cloud services.

General

xByte Cloud reserves the right to change or modify this SLA to benefit the Client and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, xByte Cloud makes no claims regarding the availability or performance of the xByte Cloud network or servers. Specific terms/points of this SLA may be adjusted on a case-by-case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in effect, including, but not limited to, limitations of liability.