This Service Level Agreement (the "Agreement") is entered into by and between Folium Hosting ("Service Provider") and all users of the hosting services offered by Service Provider ("Client").
Service Provider shall make commercially reasonable efforts to ensure that the hosting services are available for use by the Client for at least 99% of the time in a given calendar month, excluding any scheduled maintenance windows.
Service Provider shall not be liable for any unavailability of the hosting services due to the following reasons:
In the event that the hosting services are unavailable for use by the Client for less than 99% of the time in a given calendar month, the Client shall be entitled to an account balance credit of 1%(for each service affected, accordingly to its pricing) for every 1% below the 99% uptime threshold, up to a maximum of 50% of the monthly service fee paid by the Client.
To claim ("Account Credit")/("Balance"), the Client must notify Service Provider within ten (10) business days of the incident giving rise to the credit and provide sufficient evidence to support the claim, including but not limited to server logs and other relevant documentation.
Service Provider shall use commercially reasonable efforts to minimize any downtime and promptly notify the Client of any anticipated downtime for scheduled maintenance. Service Provider shall provide technical support to the Client during normal business hours in the event of any service interruptions.
If the hosting services are unavailable for use by the Client for more than 1% of the time in a given calendar month, and Service Provider has failed to remedy such unavailability within a reasonable time, the Client may terminate the Agreement without penalty.
Service Provider shall not be liable for any damages or losses incurred by the Client due to any service interruptions, except to the extent such interruptions are caused by Service Provider's gross negligence or willful misconduct.
This Agreement constitutes the entire understanding of the parties and supersedes all prior negotiations, understandings and agreements between the parties.
This Agreement shall be effective for all users of the hosting services offered by Service Provider as of the date of publication on the Service Provider's website.
Service Provider may modify this Agreement at any time by posting a revised version on its website. Client's continued use of the hosting services after the effective date of the revised Agreement constitutes acceptance of the revised Agreement.