Service Level Agreement (SLA) | Our Policy | Our AUP
Content
This Service Agreement governs customer's purchase and use, in any manner, of all services, including Dedicated and Managed Hosting, as described in the Order Form, ordered by customer and accepted by Sentris.Com (Sentris.Com) and describes the terms and conditions that apply to such purchase and use of the Services. Sentris.Com reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modification will be effective upon posting of the revisions on our site.
Sentris.Com may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Sentris.Com posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY SENTRIS NETWORK LLC. (Sentris.Com) OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.
1. This Agreement shall be for an "Initial Term" of thirty (30) days for all services -- including Dedicated and Managed Hosting. Customer agrees to all terms and conditions of services provided by Sentris.Com, beginning upon receipt by fax, e-mail, or express mail.
2. All charges for Services (including installation and professional support fees) are non-refundable and must be paid in advance according to the then current price applicable to the Services. Upon registration for Dedicated and Managed hosting, customer must choose to pay for the Services either by credit card or upon your receipt of an invoice. If customer chooses to pay by credit card upon registering for Dedicated Hosting services, customer thereby authorizes Sentris.Com to charge your credit or debit card to pay for any charges that may apply to your account. Customer agrees that Sentris.Com may accumulate any supplemental charges, as described in the Order Form, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $20 and then charge your card. Customer must notify Sentris.Com of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Sentris.Com from charging your account.
Sentris.Com may also send periodic invoices to customer for any applicable Supplemental Charges associated with your use of the Services. Customer agrees to pay to Sentris.Com the amount indicated in each invoice by the due date reflected on the invoice. If customer fails to pay any fees and taxes within three (3) days from applicable due date for credit card or invoice payments, a late payment fee of $25.00 become payable by you to Sentris.Com. In addition, customer's failure to fully pay all fees and taxes within three (3) days after the applicable due date will be deemed a material breach of this Agreement, justifying Sentris.Com suspension of its performance of the Services and/or termination of this Agreement. Customer is responsible for any fees associated with reinstated of Services. Any such termination would not relieve customer from paying past due fees plus interest. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
3. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Sentris.Com with notice of termination, by creating a ticket to billing, at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable. No refund, no prorate, once payment is made or credit card's charged. If you deactivate Service(s) before the end of a billing period, Sentris will not prorate charges for that billing period or issue you a credit for any portion of that billing period.
4. Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package shall be billed accordingly. No refund, no prorate, once payment is made or credit card's charged.
5. All orders are subject to acceptance by Sentris.Com. An order will be deemed accepted by our company when confirmation of the order is sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and Sentris.Com agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
6. Sentris.Com reserves the right to suspend the customer's account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks.
7. Bandwidth utilization will be monitored via MRTG and calculated every 1st of the month by the following method: ((monthly average in + monthly average out) kbps x 60 seconds x 60 minutes x 24 hours x 31 days) / (8 Bits x 1000 x 1000) = Total Data Transfer (GB).
8. Customer will be responsible for all server management and administration related issues. Available managed solutions include: OS restore, software installation, hardware installation, kernel / apache recompile, and security (patches) update. Standard service tickets will be processed within 3-5 days. Managed services fees are charged at $50 per hour. For priority (immediate) services, professional (remote hand) support is available at $75.00 per hour with a one (1) hour minimum requirement. Critical matters, like a simple reboot, will be handled in just 30 min or less, not hours, not days. And OS reinstall will take 3-24 hours and hardware replacement will take 2-48 hours, depending on the issue. Please contact us on what constitutes critical matters.
9. Sentris.Com reserve the right to levy a penalty fee of $10.00 per violation of the Acceptable Use Policy and Service Agreement.
10. The data transfer per server is listed on our site (if any) and on your order form. In the event of over-usage, customers will incurred a fee of $0.50 / 1GB for the aforementioned server. 1GB = 3kbps. We bill you for your bandwidth usage on every 1st day of the month.
11. Each server is assigned ten (10) (maybe more on certain plans) IPs at no charge. Additional IPs are available for $1.00 each per month + $15 setup, in blocks of 10 IPs.
12. Cpanel licenses are provided by cPanel (not Sentris.Com). Customers who request the aforementioned license keys will be billed by Sentris.Com.
13. Each customer is required to utilize available network bandwidth so as to allow for reasonable network performance by all Sentris.Com users. Because bandwidth is a shared resource, excessive consumption of network bandwidth can interfere with or completely prevent normal network performance for other servers. Persistent, high-volume use of bandwidth-intensive tools and applications can and does prevent other users from being able to access the network.
Sentris.Com provides temporary burst (not sustained speed) up to 100Mbps/1Gbps for each server as a courtesy only. Servers that use more its limit (10Mbps on plans with 2TB Bandwidth limit, 20Mbps with 4TB Bandwidth limit, 30Mbps on 7TB Bandwidth limit, or higher Mbps on higher Bandwidth limit) for 20 minutes or longer and/or consistently causing performance problems will be disconnected from the network to prevent such activities from obstructing network access for other users. Furthermore, customer will be responsible for all fees related to excessive bandwidth usage.
II. Taxes
Sentris.Com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the customer or Sentris.Com servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material & Products
1. Sentris.Com will exercise no control whatsoever over the content of the information passing through the network or on the customer's web sites. Sentris.Com makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. Sentris.Com also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the customer. Sentris.Com is not responsible for any loss, erasure, or corruption of customer's data or files whatsoever. Use of any information obtained by way of Sentris.Com is at the customer's own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to our network and does not represent guarantees of available end to end bandwidth.
Sentris.Com expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. Sentris.Com specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", Sentris.Com may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. Sentris.Com agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by Sentris.Com, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Uptime Guarantee
Sentris.Com guarantees that our network will be available 100% of the time in a given month excluding scheduled maintenance or Customer generated outages created by failed equipment, customer mis-configurations, exploited servers, or traffic in excess of the maximum allowed by contract, or any outages beyond our control (like from natural disaster or 3rd party). In the event that our network is inaccessible for more than one hour during any thirty (30) days period, upon the passage of sixty (60) continuous minutes of a Qualified Downtime Event, the Service Credit shall equal three percent (3%) of the monthly fees payable by Customer in respect of such products and services for the month in which such Qualified Downtime Event occurred and thereafter during the pendency of such unavailability, the Service Credit shall increase by an additional three percent (3%) for each continuous thirty (30) minutes of Qualified Downtime Event up to a maximum of one hundred percent (100%) of monthly fees payable by Customer in respect of such products and services for the month in which such Qualified Downtime Event occurred. Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and Sentris.Com records such failure in the Sentris.Com trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
Service Credits are based directly on all equipment and/or services affected by a network outage. Products, services or hardware not related to the network outage do not qualify for a Service Credit. Redundant Internet connectivity is measured as traffic routing into and out of a Customer's equipment through Sentris Network out to internet backbone carriers and does not include third party carrier latency or peering issues not utilized by Sentris.
Service Credits: means a credit, calculated in accordance with this SLA, issued by Sentris to the Customer in respect of products and services contracted for, but not delivered by Sentris in accordance with the Agreement due to a Qualified Downtime Event. Service Credits do not constitute a refund in respect of any product or service and may not be paid for or exchanged for cash or other monetary consideration or value. Service Credits are not available to any Customer that is more than thirty (30) days past due on any amount owing to Sentris or any Customer that has breached the Agreement. Valid approved Service Credits will appear as a credit for products and services and be applied against the amounts owing in respect of such products and services on the next billable invoice following the month in which occurred the Qualified Downtime Event giving rise to such Service Credit. In order for a Customer to qualify for a Service Credit, the Customer must (A) have purchased and paid for Sentris line of products and services, (B) submit a request for a Service Credit in writing to billing@sentris.com within ten (10) days from the date of event giving rise the requested Service Credit. Failure to request a Service Credit in accordance with the terms of this SLA will result in an automatic waiver of any rights to such Service Credit under this SLA in respect of the event giving rise to such Service Credit.
V. Warranties & Representations
Customer warrants, represents, and covenants to Sentris.Com that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
VI. Trademarks & Copyrights
* Customer warrants that it has the right to use the applicable trademarks, if any.
* Sentris.Com may request the right to use such trademarks in connection with our service.
* Customer will review such a request promptly, and not unreasonably withhold such permission.
VII. Termination
This Agreement may be terminated by Sentris.Com, without cause, by giving the other party three (3) days notice via email or fax. In such event, the company will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, Sentris.Com may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.
VIII. Limited Liability
1. Customer expressly agrees that use of Sentris.Com Servers is at customer's sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Sentris.Com service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledge and accept that any damages will be limited to no more than 100% of the previous month's invoice.
2. Under no circumstances, including negligence, shall Sentris.Com , its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Sentris.Com records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
IX. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Sentris.Com harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sentris.Com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on Sentris.Com servers.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Sentris.Com and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in King County, Washington. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding.
Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
XII. Cancelation
To cancel your account, please fax a signed and written request to 206-577-4763. Please include your domain name and either your account password, last four digits of the credit card being billed or the last check number for security verification. If faxing is inconvenient, please scan and email your written and signed request to billing@sentris.com including the information listed above.
XIII. Confidentiality
Customer acknowledges that by reason of their relationship, both customer and Sentris.Com may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Sentris.Com and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and Sentris.Com further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or Sentris.Com.
XIV. Notices
Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
XV. Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion. No refund will be given on any pre-paid payment. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
XVI. Disclaimer
Sentris will not be responsible for any damages your business may suffer. Sentris makes no warranties of any kind, expressed or implied for services we provide. Sentris disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Sentris and its employees. Sentris reserves the right to change or update policies without notice.