Server Service Level Agreement (SLA)
Bit Spring, LLC utilizes uptime.com for automated alerts of website outages. In the unlikely event of an outage, a server admin will investigate the issue and provide a remedy within 24 hours. This does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, or rebuilding RAID arrays.
Network SLA Exclusions
Many possible situations are completely beyond the control of bit-spring.com, and therefore are not in the scope of this SLA. These situations include:
- Scheduled Network Maintenance – occasionally network maintenance will be required. Bit Spring, LLC will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file.
- Hardware Maintenance – on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Bit Spring, LLC will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
- Software Maintenance – an important part of managing a dedicated server is keeping the software up to date. If you choose to have Bit Spring, LLC manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
- Malicious Attacks – if a third party not associated with Bit Spring, LLC initiates a “Denial of Service” or other form of disabling attack against your Dedicated Server or major portions of our network, Bit Spring, LLC will do everything in its power to stop the attack, but cannot guarantee a resolution time.
- Legal Actions – In the case that a legal action is taken against a customer of Bit Spring, LLC and Bit Spring, LLC is required to act in accordance with the order, Bit Spring, LLC shall not be responsible for any SLA damages.
Technical and Remote Support Services
The Services are provided via phone, Internet chat and remote desktop sharing. Remote web support services may require additional software. Client gives Bit Spring, LLC support team permission to install, configure, and use such software on Client’s computers.
To provide the Services, Bit Spring, LLC support team must access a computer receiving the Services over the Internet. Client must assist Bit Spring, LLC support team in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the Bit Spring, LLC support team shall be considered a breach of this Agreement.
Client warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Client must have administrator rights to the computer, have a back-up of all data on the computer, and provide Bit Spring, LLC support team with correct and accurate information.
Limitations – The Services are subject to change without notice. The Services do not cover hardware repair services, lost or expected profits. Bit Spring, LLC does not guarantee against the loss of any file, information, or data. Client is solely responsible for backing up and safely storing its data, information, and files. Bit Spring, LLC does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.
The Services are provided only over Internet chat, and access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for Bit Spring, LLC team to deliver their services. Client is solely responsible for providing a broadband Internet connection and access to its computers. Any interruption or disconnection to the Internet may limit Bit Spring, LLC’s ability to receive the Services. Bit Spring, LLC makes no representations or warranties regarding the availability or quality of the Services or that the Services will be performed in a timely manner. Client authorizes Bit Spring, LLC support team to accept, download, install, and use Software and third party software on its behalf.
Quality of Services: All Services shall be provided using commercially reasonable efforts. Bit Spring, LLC makes no representations or warranties that commercially reasonable efforts will restore the computer to a working state, remove any viruses or problems, that all computer operations will be fully functional, or that the Services will increase or modify the speed or efficiency of the computer.
All accounts are billed in advance and service fees are non-refundable. All pricing is guaranteed for the term of pre-payment. Bit Spring, LLC reserves the right to change prices at any time. Credit card orders that are on a “monthly” or “yearly” basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. Bit Spring, LLC may delete client’s hosting space, web site files, email accounts and all other files and database for non-payment from Bit Spring, LLC’s servers without any backup. Renewal of account or re-setting up of email or web services may require a new setup fee. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Bit Spring, LLC in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $35 charge. All payment is in U.S. currency.
Any accounts past due over 60 days will be charged a monthly interest rate of 2.5%. Interest charge will be applied from original due date. Any accounts over 90 days past due will be referred to our attorney or collection agency for collection and your web site will be closed until payment is received.
Website Hosting Fee – The Client agrees to pay the website hosting fee in advance, on an annual basis according to the then current price for the website hosting services. Due to the nature of our services and labor involved, website design, development , programming, marketing, search engine optimization, and hosting and any other services we offer are non-refundable. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
In the event of collection of a past due account through court or collection agency, the Client agrees to pay attorney fees, court fees, collection agency fees, or any fees and costs incurred for such collection in full. This Agreement shall be construed in accordance with the laws of the State of Maryland and the place of jurisdiction shall be Cecil County.
Hosting billing cycle (terms) is monthly (30 days). The Billing Cycle begins on the Plan Activation Date. In order to insure uninterrupted service to your website, hosting plans will automatically renew at the end of the plan’s Billing Cycle. All technical support queries must be made by using our online Technical Support Ticket system at: https://www.bit-spring.com/contact.
Renewals and Cancellations. Bit Spring, LLC web site maintenance, hosting, internet marketing and any other service plans mentioned in this agreement will automatically renew until a plan or service is cancelled. Cancellation requests must be received by Bit Spring, LLC a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your service plan. All accounts are billed in advance and service fees, including automatic renewals are non-refundable. Cancellations become effective on the day processed by Bit Spring, LLC. Bit Spring, LLC is unable to cancel your account effective for a future date. Bit Spring, LLC will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Bit Spring, LLC as soon as possible.
Bit Spring, LLC does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, your ISP, or any other secondary issues not directly related to Bit Spring, LLC services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Bit Spring, LLC reserves the right to cancel any account, at any time, without notice, for any reason Bit Spring, LLC considers appropriate.
Bit Spring, LLC reserves the right to refuse service to anyone. Customers may only use Bit Spring, LLC’s service for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
Customer agrees that it shall defend, indemnify, save and hold Bit Spring, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Bit Spring, LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Bit Spring, LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Bit Spring, LLC’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Bit Spring, LLC’s server.
You agree to release, indemnify, defend and hold harmless Bit Spring, LLC and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Bit Spring, LLC services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Bit Spring, LLC, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Bit Spring, LLC services, or (g) any information, material, or services available on your licensed Bit Spring, LLC Web Site. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Bit Spring, LLC services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
Disclaimer/Limitation of Liability
Bit Spring, LLC will not be responsible for any damages your business may suffer arising from or relating to your use of the Site or any goods or services provided by Bit Spring, LLC or obtained in any manner through or in connection with the Site. Bit Spring, LLC makes no warranties of any kind, expressed or implied for services we provide. Bit Spring, LLC disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Bit Spring, LLC shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused by Bit Spring, LLC or its employees.
Without limiting the foregoing, Bit Spring, LLC shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, weather for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.
Notwithstanding any other term or provision of this agreement, Bit Spring, LLC’s liability to you or your business for any cause whatsoever, whether arising under this agreement or otherwise, shall be limited to the amount paid by you to Bit Spring, LLC under this agreement within the one year preceding the event (or last in a series of events) which gave rise to the claim. Direct damages subject to this limit shall be your sole and exclusive remedy. All claims for damages must be asserted within one year of the event (or last in a series of events) to which they relate or be forever barred.
In no event will Bit Spring, LLC be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Bit Spring, LLC has been advised of the possibility of such damages. Bit Spring, LLC has no liability for loss of or damage to data or software applications while performing service, designing and troubleshooting the web site. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions set forth above allocate the risks under this agreement between the parties. Bit Spring, LLC’s Pricing reflects the allocation of risk and limitation on liability specified herein. You agree that this allocation and limitation are not unconscionable or unenforceable.
Disclaimer Please Note:
19. Bit Spring, LLC is not responsible for typographical errors on any page of the www.bit-spring.com website. Prices are subject to change without notice. Please hit the browser’s “refresh” button to see the latest prices.