1. Introduction

This service level agreement (“SLA”) describes the levels of service that the registered user of Netping.com (“the client”) will receive from Netping.com (“Vendor”). This SLA should be read alongside the terms of use (https://netping.com/terms) between the client and Vendor. Although the SLA covers key areas of the client’s provided services and support, other separate contracts may include areas not covered by this SLA.

2. Purpose

The client’s received service depends on IT equipment, software, and services (together: “the System”), which are provided, maintained, and supported by Vendor. Some of these items are of critical importance to the business. This SLA sets out the levels of availability and support that the client is guaranteed to receive. This SLA also explains what penalties will be applied to Vendor should it fail to meet these levels. This SLA forms an important part of the contract between the client and Vendor.

3. Dates and Reviews

This SLA begins on the date the client activated a Netping paid plan and will apply on an ongoing basis as long as the client holds an active Netping account with an active payment plan. This SLA may be reviewed at any point by mutual agreement or if there are any changes to the client’s needs or uses.

4. Services Covered

This SLA covers only those services provided by Vendor to the client for the purposes of monitoring the uptime and availability of the clients’ services. Vendor provides a service dashboard to enable these uptime and availability checks. The dashboard is also used to view the collected historical data. This SLA contemplates only the above-named services and makes no guarantees or representations as to the provision or availability of any other service that may be provided by Vendor as an ancillary benefit to its clients.

5. Exclusions

This SLA is written in good faith. Vendor will always do everything possible to rectify every issue in a timely manner. However, there are exclusions. This SLA does not apply to any equipment, software, services (third-party or otherwise), or other parts of the System not mentioned in this agreement. This SLA does not apply to software, equipment, or services not purchased via and managed by Vendor. Additionally, this SLA does not apply in circumstances that could be reasonably said to be beyond Vendor’s control. For instance: floods, war, civil unrest, and so on. This SLA also does not apply if the client is in breach of contract with Vendor for any reason (e.g. late payment of fees, improper use, violation of terms, etc.).

6. Vendor Responsibilities

Vendor will provide and maintain the System used by the client. Vendor will make available the System through the Netping webpage. Additionally, Vendor will: ensure relevant software, services, and equipment are available to the client where necessary. Respond to support requests within an agreed timeframe. Take steps to escalate and resolve issues in an appropriate, timely manner. Maintain good communication with the client at all times. Vendor will also backup all critical data related to the usage of the Netping System, within the timeframe of the client's payment plan's data retention limit. Please visit the Pricing page for more information regarding data retention limits.

7. Uptime Levels

In order to enable the client to use Vendor’s services effectively, Vendor guarantees that certain items will be available for a certain percentage of time. The Netping.com webpage, Check system, and API have been built as a highly redundant system and are guaranteed to have a 99.9% uptime. Vendor recognizes that it provides services that are critical to the client’s business. If Vendor consistently fails to meet the uptime levels described above, the client may terminate the entire contract with Vendor with no penalty. This right is available to the client if Vendor fails to meet the above uptime percentage more than two (2) times in any single calendar quarter.

8. Measurement and Penalties

Uptime is measured over each calendar month. It is calculated to the nearest minute, based on the number of minutes in the given month (for instance, a 31-day month contains 44,640 minutes). If uptime for the service offered by Netping drops below the relevant threshold, a penalty will be applied in the form of a credit for the client. This means the following payment period (monthly or yearly) fee payable by the client will be reduced on a sliding scale. The level of the penalty will be calculated depending on the number of hours for which the service was unavailable, minus the downtime permitted by the SLA. Important notes: uptime penalties in any month are capped at 50% of the total monthly fee. Uptime measurements exclude periods of routine maintenance. These must be communicated to the client in advance by notice on the Netping webpage or via email.

9. Guaranteed Support Response Times

When the client raises a support issue with Vendor, Vendor promises to respond in a timely fashion. The response time measures how long it takes Vendor to respond to a support request raised via Vendor’s support system. Vendor is deemed to have responded once it has replied to the client’s initial request. This may be in the form of an email or telephone call to either provide a solution or request further information. Response times only apply during standard working hours (9am - 6pm, UTC), unless the contract between the client and supplier specifically includes provisions for out of hours support. Subject to the above limitations, Vendor promises to respond to support requests within an absolute maximum time of twenty-four (24) hours.