SERVICE LEVEL AGREEMENT

This Maharashtra infotech Service Level Agreement ("SLA") applies to all shared and dedicated clients. The Client agrees that measurements via our third party establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify Maharashtra infotech and Maharashtra infotech and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits

This SLA may be amended at any time by Maharashtra infotech.

Maharashtra infotech  Network is defined as the equipment, software, and facilities within the Maharashtra infotech  network segment, including Maharashtra infotech ?s contracted ISP services to which the Maharashtra infotech  network segment is connected and collectively utilized by Maharashtra infotech  to provide dedicated and co-location services

Service Availability is the total time in a calendar month that the Maharashtra infotech  is available through the Internet, provided that Client has established connectivity. Maharashtra infotech  takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The Maharashtra infotech  Network will be available to clients free of Network Outages for 99.9% of the time

Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate Maharashtra infotech  network segment as confirmed by Maharashtra infotech . Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. Maharashtra infotech  is not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of Maharashtra infotech

Scheduled Service Downtime is any Maharashtra infotech  interruption of Hosting Services. Scheduled Service Downtime occurs during a Maharashtra infotech  server maintenance window.

Monitoring Service is the service Maharashtra infotech  provides in order to analyze availability of HTTP based services and applications through its third party monitoring system.

Service Exclusions

This SLA does not cover Service Downtime caused by problems in the following:

* Client's local area network
* Client-provided Internet connectivity or end-user software
* Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment

Service Downtime Exclusions

The following are excluded from the monthly calculation of Service Availability:

* Any utilized Scheduled Service Downtime
* Any problems beyond the immediate Maharashtra infotech  network segment
* Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
o Inaccurate configuration
o Non-compliant use of any software installed on the server
o Client initiated server over-utilization
o Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits

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