Cartika offers a 99.9% uptime guarantee. A service will be generally available to the internet – Isolated ISP or transit outages are out of our control and not covered by this SLA. This SLA covers unscheduled maintenance windows within our networks and datacenter.
If a migration is required because of server degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your service availability.
If we fail to meet a guaranty stated above, you will be eligible for a credit. Credits to reseller accounts will be calculated as a percentage of the fees for the accounts adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
Cartika Guaranty: Cartika offers a 99.9% uptime guarantee on shared/reseller solutions. A service will be generally available to the internet – Isolated ISP or transit outages are out of our control and not covered by this SLA. Cartika will credit 50% of your monthly fee if we are responsible for an outage resulting in an uptime less than 99.9% for a calendar month. Cartika will credit 100% of your fee if we are responsible for an outage resulting in an uptime less than 99% for a calendar month.
Please note – Scheduled Maintenance Windows and H-Sphere Control Panel Service are exempt from any uptime SLA’s as our control panel services are isolated from our other services, and typically we will take the control panels offline while performing major system upgrades – however, other core services will not be affected and are still protected per our SLA above.
You are not entitled to a credit if you are in breach of your services agreement with The Cartika (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if the downtime would not have occurred due to your actions or a breach of your agreement with Cartika, your misuse/actions of the server systems whether on purpose or accidentally, or through an attack against your specific account or an account within your reseller account.
Not withstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for a monthly billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
This Service Level Guaranty is part of your Agreement with Cartika, along with Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents.
To receive an SLA credit, Cartika customers must contact the billing department via the ticketing system. You must show that your use was adversely affected in some way as a result of the downtime to be eligible for the credit.
If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada and waive any right that you may have to object to an action being brought in those courts. To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.