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Cingular Hosting - Service Level Agreement

Service Level Agreement

Coverage
This web site availability Service Level agreement (SLA) applies to you if you have ordered any hosting plan ("service") and you are in good financial standing with Cingular, Inc.

SERVICE LEVEL
Cingular, Inc. endeavors to have network connectivity available by http access by third parties 99.9% of the time ("web site availability").

Credits
In the event that there is no web site availability, Cingular, Inc. will credit the monthly service charge for the service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced web site unavailability so that we may check our stats. You must request credit by sending a request to our billing department via our helpdesk. The message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by Cingular, Inc. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no web site availability.

Restrictions
Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond Cingular, Inc.'s 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, DDoS attacks (distributed denial-of-service), unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

Limitations
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Cingular, Inc.. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by Cingular, Inc., making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

Dedicated Server Restore
Cingular, Inc. is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. Cingular, Inc. shall not be liable for loss of data under any circumstance.

Hardware Replacement
Hardware replacement will occur within 1-8 hours of the reported problem, Cingular, Inc. will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must within 10 days of reported violation contact our sales department via our helpdesk. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*

Company Information

Cingular, Inc.
121 South Orange Ave
Suite 1500
Orlando, FL 32801
Phone: (321) 473-6400
Toll Free: (855) 694-8489