This agreement describes the standard level of service that all hosting(Dedicated,VPS,Shared Hosting,Shoutcast Hosting) customers can expect from Ucartz Online Pvt Ltd. 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.
Ucartz Online Pvt Ltd. has as main objective to provide the content of the hosted site available (uptime) for access from anywhere in the world, anytime. The service downtime is defined as the loss of all Ucartz Online Pvt Ltd. plans from its backbone providers. We do not constantly check the websites we host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions. It is therefore the responsibility of the client to ensure their website is operating as it should. Downtime is measured after the notification by the customer via the ticketing system of ucartz.com about the inactivity, the moment of the interruption. If it is impossible to access the ticketing system, then a call should be made to the Customer Service Department of Ucartz. The System Administrators of ucartz will determine the end of downtime.
Note: Service unavailability caused by denial of service attacks, extreme amounts of traffic in a short period of time, and/or other Denial of Service techniques is not included in uptime/downtime calculations (see below).
Service unavailability resulting from network unavailability will not be included in the Service Availability calculation. Network unavailability is defined as ucartz inability to pass incoming and outgoing TCP/IP traffic, including but not limited to backbone problems, problems on the customer's portion of the network, interruptions of service caused by denial of service or similar attacks or other forms of intrusion.
In the event of a Ucartz server hardware failure, Ucartz shall replace or repair hardware within twenty-four hours of Ucartz's determination that the hardware has failed. Such hardware failure, and repair and replacement of the hardware and the associated downtime shall not affect the Service Availability calculation.
To guarantee optimal performance of the infrastructure, it is necessary for Ucartz to perform routine maintenance on the servers. Such maintenance often requires taking Ucartz servers off-line, typically performed during off-peak hours. Ucartz will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Such unavailability is not included in the Service Availability calculation.
Refund for Non-compliance - Infrastructure Availability
For each .1% of Service availability falling below the guaranteed 99.9% up-time guarantee, upon your notification (described below), Ucartz will provide you with a credit in the amount of 10% of that month's paid regular service charges.
To receive the credit you must send a request with your account IP, including all dates and times of server unavailability, using our support system , in the month immediately following the month for which the refund is requested. Ucartz will then compare the information provided by you to the server availability monitoring data Ucartz maintains and notify you of the issuance of any credit. A credit is issued if the unavailability warranting the refund is confirmed by Ucartz server monitoring data.
Maximum Total Refund
The total refund to you for any account may not exceed 50% of the monthly fees paid for that account during the month for which the refund is to be issued.
Your account for Service & Support
Generally. You may use the Service in accordance with this Agreement. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
Setting Up Your Account. To access the Services, you must create an account associated with a valid email address and place an order for a Service Offering. You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party (including, but not limited to, a hacker that may be using your server) and we are not responsible for unauthorized access to your account. You agree to contact us immediately if an unauthorized party is using your account or server or if your account information is lost or stolen. You may terminate your account and this Agreement at any time following the Terms of this Agreement. As you place your order for Service Offerings and set up your account, the following requirements apply:
- (a) One Account. You may only create one account per customer name, and all orders must include your real name, address, and phone number.
- (b) False Information. Providing false information may immediately terminate all your accounts without refund.
- (c) Multiple Accounts. Opening multiple accounts will result in termination without a refund.
Support. The support we generally provide to you and other users of the Services without charge is as follows:
Self-managed Dedicated Server Support. All unmanaged Service has only available support is for hardware related issues. This is an unmanaged service. As such, we do not manage or back-up your data in any way. You are responsible for backing up your data.Our 24 hour on site staff will respond to tickets regarding server hardware and service disruption issues only. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install. Any OS install erases your data. You are responsible for backing up your data before requesting any OS change.
- (a) ALL SERVICE SUPPORT IS BY OUR TICKET SYSTEM ONLY. This ensures that communication can be tracked and documented. Support through our ticket system is generally available 24/7/365.
- (b) Multiple Tickets. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services without refund or notice.
- (c) Abusive Behavior. Swearing, threats, and other abusive language are unacceptable and may result in account termination without refund.
Third Party Content. Your use of any third-party content or software applications is at your sole risk.
We may change or discontinue any of the Service Offerings or change or remove features of the Service Offerings at any time without notice.
All unmanaged Service has only available support is for hardware related issues. This is an unmanaged service. As such, we do not manage or back-up your data in any way. You are responsible for backing up your data.Our 24 hour on site staff will respond to tickets regarding server hardware and service disruption issues only. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install. Any OS install erases your data. You are responsible for backing up your data before requesting any OS change.
- (a) Server Availability. We strive to and anticipate that our Service will be available to you most of the time.
- (b) Service Disruption. A Service disruption occurs when your server is completely offline for more than 15 minutes due to an unplanned fault in our networking or power infrastructure.
- (c) Hardware Disruptions. This SLA does not cover disruptions caused by the hardware or software of the server itself.
- (d) Planned Disruption. This SLA does not cover disruptions caused by planned or unplanned maintenance.
- (e) Security Disruptions. Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.
- (f) Unplanned Disruption. In the event that there is an unplanned Service disruption, you may open a support ticket and request an Account credit to be issued for a prorated amount of your monthly invoice amount equal to the time of the Service disruption. For example: If you pay $60 per month for your server and it is unavailable for 24 hours (during a 30 day month) due to an unplanned service outage, you may request an account credit for $5. You understand that this is your sole remedy for an unplanned service outage.
Changes to the Service Level Agreement. We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.
Dedicated Server. Failure to make payment before 24 hours of the final due date we will disconnect/suspend your Service will result in your Service being terminated and a termination fee of $75 will be assessed against your Account. WHEN SERVICE IS CANCELLED, THE TERMINATION IMMEDIATELY ERASES YOUR DATA, AND YOUR DATA IS NOT RECOVERABLE. You agree that you are solely responsible for managing and backing up your data to avoid complete data loss.
Payment Policies. Ucartz provides Service through subscriptions. In the event you cancel a subscription, you will need to rectify the situation immediately or you may face account suspension or termination. All payments are due by 5:30 AM IST on the date of their renewal. Failure to pay at this time will result in suspension or termination of your account and you may be subject to disconnection or reconnection fees. By accepting this Agreement you understand that Ucartz reserves the right to charge your credit card for any charges applied to your account. You understand bandwidth overages will be billed at the rate of $.50 per GB. If for any reason you file a chargeback or a dispute with PayPal, Ucartz reserves the right to apply an administrative fee of not less than $75.00 but no more than $150.00. You understand that if an invoice becomes past due, all servers on your account will be suspended and you will be charged a $75.00 disconnection fee per server. You understand that in the event you do not pay an invoice generated by Ucartz that has the right to send your account to a collection agency. All payments to Ucartz are non-refundable. You understand in the event that this happens, you will be responsible for paying all collection, legal, and attorney costs. A charge of not less than $75.00 but not more than $150.00 will also be charged to your account.
We will suspend your right to access or use any portion or all of your Service and disconnect your server immediately if we determine:
- a) Security or Fraud Risk. Your use of the Service Offerings poses a security risk, adversely impact the Service Offerings or our systems or Content, subject us to liability, or may be fraudulent, or you are in breach of this Agreement (including if you are delinquent on your payment obligations). If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be suspended/disconnected at 5.30 AM. (IST) the day it is due and your account will be assessed a $5 late fee; or
- (b) Ceased Business. You have ceased to operate in the ordinary course of business, made an assignment for the benefit of creditors or become the subject of any bankruptcy, reorganization, liquidation, or dissolution.
Suspension Impact. If we suspend your right to access or use any portion or all of the Service Offerings:
- (a) Fees Incurred. You remain responsible for all fees incurred through the end of the billing cycle in which the suspension occurred. There is no refund related to prepaid services; and
- (b) Fees Continuing. You remain responsible for any applicable fees for any Service Offerings you continue to have access to, and for fees related to in-process tasks; and
- (c) Our Right to Suspend. Our right to suspend your access or use of the Service Offerings is in addition to our right to terminate this Agreement.
Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us.