Service Level Agreement

Trinicom is committed to providing a reliable, high-quality network to support its customers. Providing you with consistent access to your data is a high priority for Trinicom and is part of the reason Trinicom makes commitments in the form of Service Level Agreements (SLAs) that provide certain rights and remedies regarding the availability and performance of Trinicom’s network.

Coverage Definitions

This Hosting Availability Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any of the following Unix or Windows Web site Hosting, Email Hosting, DNS hosting, Server Colocation, Managed Server Colocation, T1 internet Access, and VOIP services from Trinicom Communications LLC (the “Services”) and your account is current (i.e., not past due) with Trinicom: Unix or Windows Web site Hosting, Email Hosting, DNS hosting, Server Colocation, Managed Server Colocation, T1 internet Access, and VOIP services. As used herein, the term “Hosting Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s Hosting is available for access by third parties via HTTP and HTTPS, as measured by Trinicom. Trinicom backs up Email and Web content data once a week, Trinicom is not responsible for email left on Trinicom’s servers. Clients are expected to download their email to their computers on all POP3 accounts.

Service Level

I. Goal: Trinicom’s goal is to achieve 100% Hosting Availability for all customers.

II. Remedy: Subject to sections 3 and 4 below, if the Hosting Availability of customer’s Hosting is less than 100%, Trinicom will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services.

Hosting Availability   Credit Percentage
99 to 100%   0%
98% to 98.9%   10%
95% to 97.9%   25%
90% to 94.9%   50%
89.9% or below   100%


Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Hosting Availability caused by or associated with:

I. circumstances beyond Trinicom’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

II. failure of access circuits to the Trinicom Network, unless such failure is caused solely by Trinicom;

III. scheduled maintenance and emergency maintenance and upgrades;

IV. DNS issues outside the direct control of Trinicom;

V. issues with FTP, POP, IMAP, or SMTP customer access;

VI. false SLA breaches reported as a result of outages or errors of any Trinicom measurement system;

VII. customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Trinicom’s Terms and Conditions and Acceptable Use Policy;

VIII. e-mail or webmail delivery and transmission;

IX. DNS (Domain Name Server) Propagation.

X. outages elsewhere on the Internet that hinder access to your account. Trinicom is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Trinicom will guarantee only those areas considered under the control of Trinicom: Trinicom server links to the Internet, Trinicom’s routers, and Trinicom’s servers.

Credit Request and Payment Procedures

To receive a credit for a Shared hosting account, the customer must make a request therefore by sending an e-mail message to billing@trinicom.com. The e-mail message MUST include the domain name of the customer’s account in the “Subject” line. Each request in connection with this SLA must include the customer’s account number (per Trinicom’s invoice) and the dates and times of the unavailability of customer’s Hosting and must be received by Trinicom within ten (10) business days after the customer’s Hosting was not available. If the unavailability is confirmed by Trinicom, credits will be applied within two billing cycles after Trinicom’s receipt of the customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Trinicom and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Hosting Availability of customer’s Hosting.

Cancelation of Services

Trinicom Requires any cancelation of services to be emailed to support@trinicom.com or faxed to 713-979-0498 or mailed to Trinicom Communications, LLC 10606 Hempstead #150 HOU, TX 77092. Otherwise client will be liable for any normal monthly fees until the hosting is canceled.

Note: Credits are not refundable and can be used only towards future billing charges.

Note: Trinicom reserves the right to revise, amend, or modify this SLA and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted at http://www.trinicom.com/index.php/service-level-agreement/.