This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Windows or Linux  hosting account services from CreatOvation (the "Services") and your account is current (i.e. not past due) with CreatOvation. As used herein, the term "Web Site 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 Web site is available for access by third parties via HTTP and HTTPS as measured by CreatOvation.
 

1. Goal:

   CreatOvation's goal is to achieve 100% Web Site Availability for all customers.
    

2. Remedy:

   Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, CreatOvation will issue a credit to the customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
    

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

1. circumstances beyond CreatOvation'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, e-commerce 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 the SLA;
    
2. failure of access circuits to the CreatOvation Network, unless such failure is caused solely by CreatOvation;
    
3. scheduled maintenance and emergency maintenance and upgrades;
    
4. DNS issues outside the direct control of CreatOvation;
    
5. issues with FTP, POP, or SMTP customer access;
    
6. false SLA breaches reported as a result of outages or errors of any CreatOvation measurement system;
    
7. 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 CreatOvation's Terms and Conditions and Acceptable Use Policy;
    
8. e-mail or web-mail delivery and transmission;
    
9. DNS (Domain Name Server) Propagation.
    
10. outages elsewhere on the Internet that hinder access to your account. CreatOvation is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CreatOvation will guarantee only those areas considered under the control of CreatOvation: CreatOvation server links to the Internet  and CreatOvation's servers.
     

In order to receive a credit, customer must make a request therefore by sending an email message to accounts@ovation.co.za.  Each request in connection with this SLA must include customer's account number (per CreatOvation's invoice) and the dates and times of the unavailability of customer's Web site and must be received by CreatOvation within 3 (3) business days after customer's Web Site was not available. If the unavailability is confirmed by CreatOvation, credits will be applied within two billing cycles after CreatOvation's receipt of 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 the customer in a particular month under this SLA shall not exceed the total hosting fee paid by the customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to the customer or collected by CreatOvation and are the customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of the customer's Web site.

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