Web Hosting & Business Application Service Level Agreement

SailFish Systems

Service Level Agreement – Managed

This agreement describes the standard level of service that all website and application hosting customers can expect from SailFish Systems of Wellspring Search, LLC. It attempts to quantify the levels of service that all hosting customers can expect, and the remedies we offer if we fail to provide service at those levels.

SailFish Systems provide a reactive hosting service for all websites and business applications and offer a 99% uptime. We use automated tools and monitoring kits to continuously check the websites we host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions.

99.9% Network and Servers Uptime

SailFish Systems guarantees that the customer’s website or business application, which is hosted on the SailFish Systems’ platform and Servers, will be available 99.9% of the time, excluding maintenance, as defined below.  Network downtime is defined as the customer’s hosted website being unable to be viewed or accessed through the Internet, caused by failure of network equipment managed and owned by SailFish Systems, excluding scheduled or emergency maintenance.

Maintenance means scheduled maintenance or emergency maintenance. Scheduled Maintenance means any maintenance in the SailFish Systems’ network/servers of which the customer is notified at least 5 days in advance. Emergency maintenance means any maintenance in the SailFish Systems’ network/servers that: (a) in SailFish Systems’ sole discretion, is necessary to avoid an immediate threat to the SailFish Systems’ networks/servers or customer’s server and (b) of which customer is notified.

Response times

Support, unless noted otherwise in a supplementary service level agreement, technical support is provided by SailFish Systems on a first-come, first-served “best effort” basis. We aim to at least acknowledge, if not fully answer, all emails to our advertised support address (SysOps@WellspringDigital.com) within 4 working hours. We aim to answer the phones during working hours, but under times of high demand or staff sickness, may defer to an answering service where we promise to return all messages as soon as possible.

WordPress

For those websites hosted by SailFish Systems which have been built (or part-built) upon the WordPress platform, please be aware that WordPress irregularly makes updates which means that SailFish Systems may need to make updates to your site so that your website continues to work upon our servers. It is not known how many times per annum that WordPress makes updates, however, we estimate between 4 – 8 updates per year. The more functionality a WordPress site has the more time needed to make updates to that website.

SailFish Systems works reactively for such updates – we respond should we be informed of a critical change (by WordPress) or should the client point out an error in functionality. Please note, SailFish Systems cannot be held responsible for any functionality failure caused directly by an update to WordPress or a plug-in of which we were not made aware.

Plug-ins and Third-Party Applications

On no less than a monthly basis, SailFish Systems will review and perform plug-in updates and configuration modifications to maintain website and business application security and performance.

In some circumstances, a premium or custom-build plug-in may in some cases, require a subscription based or one-off licensing fee. Whilst SailFish Systems will make every effort to minimize ongoing maintenance costs, premium or custom-build plug-ins may need to be updated outside of our update agreement, with any additional costs agreed by and passed onto the client.

Invoicing

Website and business application hosting runs annually, paid in advance. An invoice will be sent automatically at the time of renewal. Should a client not wish for SailFish Systems to renew the hosting service, we request a notice period of one month in advance of cessation along with details to where you would like the web files sent. If we do not hear such a request, it will be assumed that you do wish the web hosting to be renewed and are in agreement with the terms for the following year.

Should SailFish Systems be informed after this months notice period, SailFish Systems cannot be held liable for any delays caused in the transfer of hosting of your website or business application to another server.

Exceptions

The customer shall not be entitled to any credit hereunder if the network downtime is caused by: (i) actions of the customer or others authorized by the customer to use the service under the Agreement; (ii) customer application, software, or customer’s operating system failure, (iii) the result of network maintenance activity, (iv) denial of service attack, hacker activity, or other malicious event or code targeted against SailFish Systems, Wellspring Search, LLC, or the customer (v) failure of any network or Internet Infrastructure not owned or managed by SailFish Systems (vi) If customer has more than one website or business application hosted on SailFish Systems networks or servers, then a claim may be accepted for one hosted website or business application.

Definitions

    “SailFish Systems”, “we”, “us”, “our” means Wellspring Search, LLC dba SailFish Systems, 4539 Metropolitan Court, Ste 254 Frederick MD 21704 USA.

    “Service” means any hosting or connectivity service offered by SailFish Systems, including but not limited to Hosting Services or Dedicated Hosts, Support and Maintenance Agreements.

    “Customer”, “you”, “your” means you, the person or persons in whose name(s) a service is maintained by.

    “Technical contact” means a person or persons nominated by the Customer with whom SailFish Systems can discuss all matters of a technical nature relating to the Service.