Legal Notices
Service Level Agreement
21 Day Satisfaction Guarantee
layershift Ltd. guarantees all services with a 21 day satisfaction guarantee. If you are not completely satisfied with the level of service within the first 21 days from contract execution, you may cancel the remainder of the contract without any further recourse or amounts due. To satisfy the 21 day satisfaction guarantee, you must present a written statement of dissatisfaction to our accounting department prior to the expiration of 21 days from the date of contract execution. Any fees already paid are non-refundable.
Service Credits
Service credits are available for services contracted for, but not delivered according to the service level agreement. Service credits are not available to customers more than 14 days in arrears on their billing cycle. Valid approved service credits will appear as a credit for services on the next billable invoice, and are valid for any services. Service credits shall not result in monies paid by layershift Ltd. directly to the customer. All service credit requests must be in writing and emailed directly to accounts@transnexis.com within 7 days from the date of the service level failure. Failure to request a service credit within 7 days of the service failure will result in an automatic waiver of any rights under the Service Level Agreement. Normal scheduled maintenance and upgrades are not covered in the uptime guarantee.
99.9% Uptime Guarantee
layershift Ltd. offers a 99.9% uptime guarantee on hosting services. The uptime guarantee is applicable to the following critical services only:
- WWW (HTTP & HTTPS)
- DNS
- Email (SMTP, POP3 & IMAP)
- MySQL
Mis-configurations of accounts by customers resulting in downtime or suspension due to use of data transfer, diskspace and/or other server resources in excess of the maximum allowed by contract are not subject to this agreement. Breach of our Acceptable Use Policy is classed as breach of contract and will result in an automatic waiver of any rights under the Service Level Agreement. Services not related to the outage will not qualify for a service credit.
Compensation
layershift Ltd. guarantees all hosting services (as detailed above) and a service credit will be issued for all outages that occur and result in downtime in excess of our uptime guarantee. Downtime is measured from the time a problem is logged in our ticket system until the service has been restored.
| Uptime | Credit per month |
|---|---|
| 99.9% | Guaranteed |
| 99.0% | 10% |
| 98.0% | 20% |
| 95.0% | 50% |
| 93.0% | 75% |
| 90.0% | 100% |
Network & Power Availability
layershift Ltd. guarantees 99.9% uptime on all redundant internet connectivity and on all power located in the data centre area for customer use. Connectivity is measured as traffic routing into and out of customer equipment through the internal network out to Internet carriers. layershift Ltd. does not guarantee third party carrier latency or peering problems not managed by layershift Ltd. or our suppliers. Power is defined as TXU supplied power and alternate power via UPS battery backup power and generator supplied power.
In addition, any interruption of network or power service causing complete failure in routing potentially qualifies for a service credit as described below.
| Uptime | Credit per month |
|---|---|
| 99.9% | Guaranteed |
| 99.0% | 10% |
| 98.0% | 20% |
| 95.0% | 50% |
| 93.0% | 75% |
| 90.0% | 100% |
Scheduled Maintenance
Notification from layershift Ltd. administrative staff will occur at least 24 hours prior to work performed. Notification failure of normal (non-emergency) maintenance by layershift Ltd. staff will result an application of the uptime guarantee. Notification of maintenance is achieved by visiting our status page.
layershift Ltd. shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. layershift Ltd. agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will layershift Ltd. be held liable for any financial or other damages due to such interruptions. In no event shall layershift Ltd. be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services.
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