Service Level Agreement
Below is Enlighten Hosting's Service Level Agreement (SLA). The use of any Enlighten Hosting service constitutes acceptance of this policy.
1. Our Services to You
Some of the services provided by Enlighten Hosting are subject to separate terms and conditions. We can refuse to give you a subscription to any service, without giving a reason for such refusal.
2. Business and Domestic Use
These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for the purposes of a business (as defined in the Consumer Guarantees Act 1993) then the Act applies and nothing in these terms and conditions limits your rights under it.
3. What we Provide to You
Enlighten Hosting agrees to provide Web hosting services to you through our host computers but only on the following basis:
We will provide you with an IP address, username, and password to enable access to our service.
We will provide you with bandwidth. Bandwidth is measured by the data transferred to and from your account. Bandwidth usage can be measured accurately for Web site (http) data transfer. It is not technically possible to measure FTP and email traffic. In our experience, ftp and email usage is approximately double http usage. Bandwidth is therefore measured by doubling http usage. Enlighten Hosting may make adjustments to this calculation on a case by case basis.
We will provide you with disk space. Disk space is the amount of space measured in bytes used on the server(s). Disk space usage includes both web hosting account files and email.
We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible.
But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".
The reasons for these limits on our service levels are because:
We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.
Our services may be used by you for purposes we do not know about and have no control over.
We may at any time cancel, reject, or refuse to continue hosting any web sites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any web site. This right will not be unreasonably exercised.
4. Your Obligation to Pay Us
In return for access to our service, you agree to pay the specified subscription and other charges (as notified on the Enlighten Hosting web pages).
In particular, you agree as follows:
You will be invoiced on the last day of the month for the upcoming month. Payment is due on the 20th of the month following the invoice date.
Should data usage in access of the monthly amount occur, the amount to be billed will be calculated in 1MB units.
Should disk space usage exceed the agreed quantity , the amount to be billed will be calculated in 10 MB units. Please see the appropriate Plan Addon for more information.
If your account is overdue for a period of 60 days, you are subject to a 10% late fee and/or interruption of service(s) without further notice. With all disconnections, a $NZ100 reinstatement fee will apply to reactivate the service(s) again.
You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.
Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
You agree to give us no less than 30 days written notice that your account is no longer required. Until we receive this notice you are responsible for anything done with the services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not.
Our service is important to you and our other subscribers.
As a condition of your use of our service you agree as follows:
You agree to remove your email from our mail server promptly and to keep the space used by your files on the system below 10 megabytes. We have the right to remove email data in excess of 10 megabytes left by you on our mail server. If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to housekeep your email.
You agree not to send multiple, unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes.
Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion) you agree that we may terminate your service without liability to you.
Email enables a rapid, immediate and wide-spread response. You must not use the email service for communication that is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are and to review your use of our services at any time and to terminate you if we consider that you have breached these standards. If you defame anyone through your use of the email service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.
We will make genuine efforts to provide you with a help desk service to assist you with web hosting issues.
We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
7. Use of Personal Information
If you are an individual, when you complete your application for our services you authorise us and our agents to collect information about you and hold it at our head office. We will use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes.
You authorise us and our agents to supply and disclose personal information as to your credit-worthiness. Personal information about you may be used to enable us, our agents and third parties selected by us to access, maintain, investigate or market products or services.
Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.
8. Additional Rights of Enlighten Hosting as the Service Provider
We can terminate any of the services that you have subscribed for without notice or liability to you if you breach these terms and conditions.
Subscriber use of our services may sometimes result in overload. We have the right to terminate any process that appears to be causing an overload on a server.
9. Communications and Notices
All changes and additions need to be sent to Enlighten Hosting via email.
We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.
We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) on the World Wide Web on our home page or any other appropriate means.
Once we have posted the email or other message you are deemed to have received it, and if you have not terminated your subscription within 30 days or if you continue to use the services afterwards you are deemed to have accepted the change.
10. Internet Surprises
Internet services allow access to material which may be the subject to copyright, third party ownership or unreliable or offensive material. You access such material at your own risk and we are not responsible in any way for your accidental or deliberate accessing of that material.
11. Limits on our Liability
By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet which is a matter of your own assessment given its unique nature. We distribute our service on an "as is" basis without warranties of any kind, either express or implied.
In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.
If you are using our services for personal, household or domestic use, this limitation may not apply to you and you have the rights and remedies available under the Consumer Guarantees Act 1993.
Enlighten Hosting is a Microsoft Certified Partner. Microsoft Certified Partnership does not create a legal partnership between Enlighten Hosting and Microsoft.
You must indemnify us against any claims or legal proceedings arising from your use of the service under this Agreement (including but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement), which are brought or threatened against us by any other person.
13. Force Majeure
If we cannot perform our obligations under this Agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will endeavour to advise you of the existence of the circumstances and their expected duration. The performance of this Agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.