PRICE/PLAN VARIATION AND CHANGES
As on going market situation, price variation for payment made by monthly subscription (client who chose to pay monthly) will be effected in future price adjustment by KHOLIXâ„¢ Multimedia International. When future price adjustment is required, KHOLIXâ„¢ Multimedia International has right to contact client for price/plan variations and changes, that include lower or higher of price/plan changes.

COVERAGE

This Web Site Availability Service Level Agreement applies to YOU if YOU have ordered *any* hosting plans (”Service”) and YOU are in good financial standing with KHOLIXâ„¢ Multimedia International.

SERVICE LEVEL

KHOLIXâ„¢ Multimedia International guarantees to have network connectivity available 99.999% of the time and http access by third parties 99% in any particular month (”Web Site Availability”).

CREDITS

In the event that there is no Web Site Availability, KHOLIXâ„¢ Multimedia International will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

Web Site Availability Credit
95% to 99% = 25%
90% to 94.9% = 50%
89% or below = 100%

In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to sales[at]kholix[dot]com. For security, the body of this message must contain YOUR account number/domain name, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by KHOLIXâ„¢ Multimedia International. 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, facilities or applications, or
(iii) circumstances beyond KHOLIXâ„¢ Multimedia International’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, 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

On-line problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to KHOLIXâ„¢ Multimedia International. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and KHOLIXâ„¢ Multimedia International, 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.

Notes

* Does not include reimbursement for domain name registration, or any other external services purchased while using service. Refunds for accounts with payment methods besides Credit Card, including wire transfers, checks, and money orders, may take an extended amount of time to process. After the first 30 days, you cannot receive a full refund, but may cancel at any time.

* Credit request must be made by sending an email to sales[at]kholix[dot]com, please ensure to include your domain name and ticket number. If a human response is not given within 24 hours, a $1 credit can be requested per ticket. Support response guarantee excludes sales, billing, and abuse emails. Support response guarantee does not guarantee resolution within 24 hours, merely a response from a human (non-automated response). Total credits in a given month cannot exceed 100% of customer’s hosting fees for the account which the requests were in reference to.

^ Pricing must be from a national tier-1 provider for the same product or service including, without limitation, factors such as hardware, support, features, additional value added tools, bandwidth and term commitment.

Last Update: 20 August 2007