Onyx Service Level Agreement

Version 1.1 | Last Updated 11/12/2018

This Service-Level Agreement, herein (“SLA”), is made between Krystal Hosting Ltd of Kemp House, 152 – 160 City Road, London, EC1V 2NX (“Krystal” or “We”) and consumer (“Client”) of our Managed WordPress Hosting service (“Onyx” or “Service”). This SLA is incorporated into a Client’s agreement with us and is made part of it along with other Onyx policies (“Terms”) found at www.onyx.io/terms. Items set out within this SLA are a Client’s exclusive remedy for issues covered herein. The client accepts that Krystal may make changes to this SLA from time-to-time.

1. The Onyx Standard

It is our aim to ensure the service is available 24 / 7 / 365 and provides a 99.95% uptime guarantee (“Service Availability”). We offer support by phone, live chat and tickets and categorise support items by severity, as below:

Critical: 0 - 30 minute response time

High: 0 - 60 minute response time

Normal: 0 - 24 hour response time

The client accepts that our published support times (“Response Goals”) are for acknowledgement only and not a time to resolution. Compensation (“Service Credit”) shall not be provided in circumstances we fail to meet our initial response goal; an otherwise internal metric we strive to achieve. The client also acknowledges live support methods (phone / live chat) can, at the colleagues discretion, be converted to a ticket for further investigation or escalation where appropriate.

We accept that from time to time our Service Availability goals may not be met (“Service Delivery Failure”) and section 2 outlines our process should we fail to meet the above mentioned uptime guarantee.

2. Service Credit

In the that event Krystal fails to meet the Onyx Service Availability goals as set out in section 1, we will happily credit the client’s account for such failure. The following criteria applies:

  1. If availability falls below the Uptime Service Level in a given calendar month, Krystal shall provide Service Credit at a rate of 5% of the total monthly Hosting Fee (which shall be one twelfth of the annual Hosting Fee) for every 30 minutes of Service Delivery Failure evidenced by the Client.
  2. The maximum Service Credit allowable in respect of a given month is limited to 100% of the total monthly Hosting Fee payable for the month in which the Service Delivery Failure occurred.
  3. Service Credit shall be calculated by Krystal and placed on account, without expiry, for use against future service invoices.
  4. The Client must notify Krystal within 7 days of a failure to meet either the Uptime Service Level or Support Response Time to claim service credits.
  5. The Client acknowledges and agrees that the terms of this SLA relating to Service Credit do not operate by way of penalty and constitute a genuine attempt to pre-estimate loss.
  6. The provision of a Service Credit shall be an exclusive remedy for a particular Service Delivery Failure.
  7. Service Credits shall be shown as a credit held on account and deducted from the amount due from the Client to Krystal on the next invoice issued. Krystal shall not in any circumstances be obliged to pay any money or make any refund to the Client.
  8. Credits may not be issued if the Client’s account is past due, suspended, or pending suspension, nor will Credits be issued in cases where the Client is in breach of our Terms.

3. Service Credit Exclusions

The client accepts there are times where Krystal shall not pay Service Credit for any failure of the Onyx service. These include but are not limited to:

  1. During necessary maintenance communicated in advance via either email, social media or the Krystal service status page (https://onyxstatus.co.uk//).
  2. Customer-caused outages or disruptions to include but not be limited to the use of incompatible caching plugins, other incompatible plugins or from the replacement or misconfiguration of the Onyx/WordPress configuration files (to include .htaccess and/or .user.ini).
  3. Outages or disruptions attributable in whole or in part to a cause outside Krystal's reasonable control (“Force Majeure”).