, Magicworks IT Solutions Private Limited. Service Level Agreement.

1. Coverage

This web site availability Service Level Agreement (SLA) applies to you if, Magicworks IT Solutions Private Limited, Magicworks’s Partners through Magicworks, Magicworks Vendors through Magicworks (hereafter referred to as MagicWorks, we, us or our) is providing Service to you and your account is in good standing. Terms not defined in this SLA have the meaning given to them in your agreement with MagicWorks.

2. Service Level

MagicWorks endeavors to have network connectivity available by http access by third parties 99.9% of the time (Web Site Availability).

3. Credits

In the event that there is no Web Site Availability, MagicWorks will credit your account with the monthly Fee for the Service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month:

In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced web site unavailability so that we may check our stats. You must request credit by sending a request to our billing department via our helpdesk. The message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by MagicWorks. 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.

4. Restrictions

Credits will not be provided to you in the event that you have no Web Site Availability because of: (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond MagicWorks’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, DDoS attacks (distributed denial-of-service), 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 the Services.

5. Dedicated Server Restore

MagicWorks does not restore your data to the server and is not responsible for loss of your data. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. MagicWorks shall not be liable for loss of data under any circumstance.

6. Hardware Replacement

Hardware replacement will occur within 1-2 hours from your report of a problem. MagicWorks will refund 5% of the Fee for each additional 2 hours of down time (up to 100% of your Fee). In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must contact our sales department through our helpdesk. SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM IST.

This Policy shall be governed by and construed in accordance with the laws within Pune, Maharashtra (INDIA), without regard to choice of law provisions that would cause the application of the law of another jurisdiction.