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The
following terms and conditions of this Service Level
Agreement (this "SLA") govern (A) the availability of
the internal computer network (“Dominios en Linea
Network”) owned by or operated on behalf of
DOMINIOSENLINEA.COM. ("Dominios en Linea") to those
persons that have purchased Products and Services
directly from Dominios en Linea (each, a “Customer”) and
(B) the right, under certain circumstances specified
below, of a Customer to receive services credits in
respect of the failure of Dominios en Linea to provide
the Products and Services purchased by Customer from Dominios
en Linea in accordance with (i) the Terms of Service (as
in effect from time to time between the Customer and
Dominios en Linea, the “Terms of Service”), (ii)
Dominios en Linea’s Acceptable Usage Policy, as in
effect from time to time (the “AUP”) and (iii) this SLA,
each of which is incorporated herein by reference and
made a part hereof (collectively, the "Agreement").
Capitalized terms used herein without being defined
herein shall have the meaning ascribed to such
capitalized term in the Terms of Service or AUP, as
applicable. Customer’s use of Dominios en Linea’s
website, Dominios en Linea Network, Products and
Services is also subject to Customer’s acceptance and
compliance with Dominios en Linea’s Privacy Policy which
Dominios en Linea hereby reserves the right to amend,
alter, modify, replace or suspend, from time to time in
its sole discretion. Current copies of Dominios en
Linea’s Terms of Service, AUP and Privacy Policy may be
reviewed or printed by Customer at the Legal section of
Dominios en Linea’s website. CUSTOMER HEREBY REPRESENTS
AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED
THE TERMS OF THE SLA AND AUP. By submitting the online
order form, Customer hereby agrees to the following: 1.
100% Dominios en Linea Network Availability Assurance:
Dominios en Linea assures each Customer 100% uptime
availability of Dominios en Linea Network and all
redundant internet connectivity, including all
associated network services (i.e. bandwidth, routers,
switches, and cabling,) covered by this SLA. In the
event that Dominios en Linea fails to provide Customer
with the products and services purchased by Customer in
accordance with the Customer Agreement and such failure
results from the unavailability of Dominios en Linea
Network or any redundant internet connectivity,
including all associated network services covered by
this SLA (other than as specified below, each such event,
a “Qualified Downtime Event”), Dominios en Linea will
issue Customer a Service Credit (as defined below)
calculated as follows: a. Managed Solutions. In the case
of products and services associated with Dominios en
Linea’s Managed Solutions line of products and services,
upon the passage of five (5) continuous minutes of a
Qualified Downtime Event, the Service Credit shall equal
five percent (5%) of the monthly fees payable by
Customer in respect of such products and services for
the month in which such Qualified Downtime Event
occurred and thereafter during the pendency of such
unavailability, the Service Credit shall increase by an
additional five percent (5%) for each continuous thirty
(30) minutes of a Qualified Downtime Event up to a
maximum of one hundred percent (100%) of monthly fees
payable by Customer in respect of such products and
services for the month in which such Qualified Downtime
Event occurred. b. Self-Managed Servers. In the case of
services and products associated with Dominios en
Linea’s Self-Managed Servers line of products and
services, upon the passage of sixty (60) continuous
minutes of a Qualified Downtime Event, the Service
Credit shall equal three and one half percent (3.5%) of
the monthly fees payable by Customer in respect of such
products and services for the month in which such
Qualified Downtime Event occurred and thereafter during
the pendency of such unavailability, the Service Credit
shall increase by an additional three and one half
percent (3.5%) for each continuous thirty (30) minutes
of Qualified Downtime Event up to a maximum of one
hundred percent (100%) of monthly fees payable by
Customer in respect of such products and services for
the month in which such Qualified Downtime Event
occurred. c. Economy Servers. In the case of services
and products associated with Dominios en Linea’s Economy
Servers line of products and services, Customer shall
have no right to any Service Credit whether or not a
Qualified Downtime Event has occurred. All Service
Credits are calculated by Dominios en Linea on a
“per-event-basis” each calendar month and in no event
will downtime or unavailability be cumulated during any
monthly period for purposes of determining a Customer’s
right to any Service Credit. The following events do not
constitute a Qualified Downtime Event or qualify for any
Service Credit under this SLA: (i) Scheduled Maintenance
(as defined below) or (ii) Customer generated outages
created by failed equipment, customer mis-configurations,
exploited servers, or traffic in excess of the maximum
allowed by contract. Service Credits are based directly
on all equipment and/or services affected by a network
outage. Products, services or hardware not related to
the network outage do not qualify for a Service Credit.
Redundant Internet connectivity is measured as traffic
routing into and out of a Customer’s equipment through
Dominios en Linea Network out to internet backbone
carriers and does not include third party carrier
latency or peering issues not utilized by Dominios en
Linea. 2. Service Credits: means a credit, calculated in
accordance with this SLA, issued by Dominios en Linea to
the Customer in respect of products and services
contracted for, but not delivered by Dominios en Linea
in accordance with the Customer Agreement due to a
Qualified Downtime Event. Service Credits do not
constitute a refund in respect of any product or service
and may not be paid for or exchanged for cash or other
monetary consideration or value. Service Credits are not
available (i) to any Customer that is more than thirty
(30) days past due on any amount owing to Dominios en
Linea or any Customer that has breached the Customer
Agreement or (ii) in respect of any products or services
contracted for with Dominios en Linea’s Economy Server
line of products and services. Valid approved Service
Credits will appear as a credit for products and
services and be applied against the amounts owing in
respect of such products and services on the next
billable invoice following the month in which occurred
the Qualified Downtime Event giving rise to such Service
Credit. In order for a Customer to qualify for a Service
Credit, the Customer must (A) have purchased and paid
for either Dominios en Linea’s Managed Solutions line of
products and services or its Self-Managed Servers line
of products and services, (B) utilize redundant input
network drops running Hot Swap Router Protocol (HSRP) in
its equipment and (C) submit a request for a Service
Credit in writing via Dominios en Linea’s Orbit system
to admin@dominiosenlinea.com within ten (10) days from
the date of event giving rise the requested Service
Credit. Failure to request a Service Credit in
accordance with the terms of this SLA will result in an
automatic waiver of any rights to such Service Credit
under this SLA in respect of the event giving rise to
such Service Credit. 3. Scheduled Maintenance: Customer
hereby acknowledges that Dominios en Linea may, from
time to time, perform maintenance service on Dominios en
Linea Network, with or without notice to Customer, which
may result in the unavailability of Dominios en Linea
Network. Downtime or unavailability resulting from
Scheduled Maintenance shall not constitute a Qualified
Downtime Event or qualify for any Service Credit.
Scheduled Maintenance means all such maintenance
services for which Dominios en Linea gives Customer at
least five (5) days prior notice of such maintenance
services via Dominios en Linea’s outage mailing list
maintained on Dominios en Linea’s Orbit system. Customer
must subscribe to Dominios en Linea’s outage mailing
list and provide accurate and timely information in
Dominios en Linea’s Orbit system in order for Dominios
en Linea to notify Customer of all Scheduled Maintenance.
Customer’s failure to subscribe to Dominios en Linea’s
outage mailing list or to provide accurate and timely
information on Dominios en Linea’s Orbit system may
result in the forfeiture of any Service Credit based on
downtime or unavailability arising from Scheduled
Maintenance for which Customer did not receive timely
notice. Emergency maintenance and maintenance for which
Dominios en Linea has not given Customer notice in
accordance with this SLA shall not be deemed Scheduled
Maintenance for purposes of this SLA. 4. DISCLAIMER: Dominios
en Linea shall not be liable for the failure or delay in
performing its obligations hereunder or under the
Customer Agreement if such failure or delay is due to
external circumstances beyond its reasonable control,
including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption
or delay in telecommunications, failure of third party
software or inability to obtain raw materials, supplies,
or power used in or equipment needed for provision of
Dominios en Linea’s products and services. Dominios en
Linea agrees to exercise reasonable efforts to mitigate
the damage arising from such occurrences; however, under
no circumstances will Dominios en Linea or its
affiliates be held liable for any cost, expense,
liability, claim or damage due to such interruptions. In
no event shall Dominios en Linea or its affiliates be
liable to Customer or any other person for any special,
incidental, consequential or punitive damages of any
kind, including, without limitation, refunds of fees,
loss of profits, cost of cover, loss of income or cost
of replacement services. Customer acknowledges and
agrees that the receipt of a Service Credit as provided
for in this SLA constitutes Customer's sole and
exclusive remedy, and Dominios en Linea’s sole and
exclusive liability, for any failure by Dominios en
Linea to provide Customer with the products and services
purchased by Customer in accordance with the Customer
Agreement which results from a Qualified Downtime Event.
Dominios en Linea reserves the right to amend, modify or
terminate this SLA, the AUP, the Privacy Policy and the
Terms of Service from time to time, and a Customer’s use
of Dominios en Linea’s products and services and Dominios
en Linea Network after any such amendment, modification
or termination of this SLA, the AUP, the Privacy Policy
or the Terms of Service is posted on the legal
department page of Dominios en Linea’s website (www.dominiosenlinea.com)
will constitute the Customer’s acceptance of any such
amendments, modifications or termination. |
