Feng-GUI Service Level Agreement
Effective Date: July 14, 2009
Feng-GUI SLA. During the Term of the applicable Feng-GUI Agreement, the Feng-GUI Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Feng-GUI SLA
"). If Feng-GUI does not meet the Feng-GUI SLA, and if Customer meets its obligations under this Feng-GUI SLA, Customer will be eligible to receive the Service Credits described below. This Feng-GUI SLA states Customer's sole and exclusive remedy for any failure by Feng-GUI to provide the Service.
The following definitions shall apply to the Feng-GUI SLA.
- "Error Rate" means: (i) the total number of internal server errors returned by Feng-GUI Services as error status "InternalError" or "ServiceUnavailable" divided by (ii) the total number of requests during that five minute period. We will calculate the Error Rate for each Feng-GUI account as a percentage for each five minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Feng-GUI SLA Exclusions (as defined below).
- "Monthly Uptime Percentage" is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle.
- "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
- "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
- "Feng-GUI Covered Services" means the Feng-GUI Dashboard and Feng-GUI Web API components of the Service. This does not include the Feng-GUI free components of the Service.
- "Scheduled Downtime" means those times where Feng-GUI notifies Customer of periods of Downtime at least five days prior to the commencement of such Downtime. There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Feng-GUI SLA, and will not be counted towards any Downtime Periods.
- A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible Feng-GUI account.
Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for Feng-GUI for the billing cycle in which the error occurred in accordance with the schedule below.
Monthly Uptime Percentage||
Service Credits Percentage|
|Equal or greater than 99% |
but less than 99.9%
|Less than 99.0%||25%|
We will apply any Service Credits only against future Feng-GUI payments otherwise due from you; provided that, we may issue the Service Credit to the Feng-GUI account that you used for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from Feng-GUI. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Feng-GUI Agreement, your sole and exclusive remedy for any unavailability or non-performance of Feng-GUI services or other failure by us to provide Feng-GUI is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of Feng-GUI Services.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a request by sending an e-mail message to Feng-GUI support. To be eligible, the credit request must (i) include your account id in the subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of non-zero Error Rates that you claim to have experienced; (iii) include your server request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by us within seven (7) business days after the end of the billing cycle in which the errors occurred. If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99.9%, then we will issue the Service Credit to you within one billing cycle following the month in which the error occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
30-Day Money Back Guarantee
Feng-GUI SLA Exclusions
- If for any reason our services haven't exceeded your standards, please let us know within the first 30 days of account activation and we will refund the money paid for that first month of service. (Minus Setup Fees, Activation Fees and overage charges).
- No refunds are available for any service after 30 days, whether in full or prorated. In other words, if you sign up and pay for a quarterly or yearly account, you will not be given any refund if you decide to cancel after 30 days.
- All refunds will be made by company check or issued back to your PayPal account within 30 days of receipt of cancellation.
- Refunds for a break in our 99.9% Uptime Guarantee are issued if we are notified within seven days of the incident.
The Feng-GUI SLA does not apply to any service's that expressly exclude this Feng-GUI SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of Feng-GUI's reasonable control; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Feng-GUI).