Network SLA and Server Uptime Guarantee
Where the Streaming Service originates from ViaStreaming.com Network and is delivered to the customer, the Service will be available for not less than 99.99% of each calendar month. Availability will be calculated and reported in accordance with the rules of this agreement (S.L.A.).
If in any calendar month ViaStreaming.com does not meet this standard of availability, we will compensate the customer. The amount of compensation will be determined in accordance with the rules set out below. ViaStreaming.com will provide this compensation by making further services or discounts available (Service Credits) to you up to the amount of compensation at the applicable rate. This compensation will be the limit of our liability for the non-availability of the Service.
Availability is calculated at the end of each month in accordance with the following formula:
S = M - F
"S": Availability of the Service (expressed as a percentage).
"F": Downtime in the respective month - (expressed in minutes).
"M": Tot. Number of Service Minutes in the respective month.
Calculation of Downtime
Downtime is calculated from the time of notification of a fault by either the customer or ViaStreaming.com, and ends when the Service is restored to full working order as determined and certified by us. However, downtime is to be disregarded to the extent it is attributable to any misuse or modification of equipment/software not operated and controlled by ViaStreaming.com or use of the Network or services in breach of published: Terms of Service (T.O.S.)-Acceptable use Policy (A.U.P.)
If availability falls below the guaranteed monthly level (99.99%) then we shall credit the customer by reference to the following table:
* Less than 99.99% uptime on any Critical System = 3 Day Service Credit.
* 30 Minute or more on any Critical System = 7 Day Service Credit.
* 2 Hours or more on any Critical System = 15 Day Service Credit.
All work for the purpose of maintenance or support 'planned outages' will take place outside business hours. Planned outages will be notified to you wherever possible on 3 days prior notice unless otherwise agreed. ViaStreaming.com shall wherever possible ensure that there is no more than 1 planned outage each month.
Credit Request and Payment Procedures
Each valid Service Credit must be requested within 7 business days of the incident in question by submitting a Customer Support Ticket trough our dedicated section. The request will be verified by our network engineers. All verified claim credits will be applied to your next invoice (service renewal or any new service subscribed). The total amount credited in connection with Network outages will not exceed the monthly recurring charge and will be customers sole remedy for any reported outage.