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Reliability and availability are the two most vital concerns when choosing a hosting partner. Our SLA is designed to protect our clients against unscheduled and often costly system and network outages. At the core Fusionapps.NET guarantees you will never experience an unscheduled network related outage. We take it one step further by promising to repair and/or replace any faulty Fusionapps.NET provided hardware in just 2-Hours. If Fusionapps.NET fails to deliver on our promise we pay the price with stiff penalties.

Server Hardware Replacement
Fusionapps guarantees the functioning of all Dedicated Hardware and will replace any failed component at no cost to the customer within two (2) hours following Fusionapps’ receipt of customer’s trouble ticket concerning the Dedicated Hardware issue and Fusionapps’ identification of the failed Dedicated Hardware (“Replacement Guarantee”). “Dedicated Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to Dedicated Hardware during Maintenance, as defined below.

Power and HVAC Availability
The Fusionapps SLA guarantees that its power and HVAC systems will be available 100% of the time in a given month, excluding Maintenance, as defined below. “Infrastructure Downtime” means: (a) the Fusionapps power or HVAC systems are not available and (b) Customer submits a Fusionapps trouble ticket detailing the unavailability of the Fusionapps power or HVAC systems resulting in customer downtime. Infrastructure Downtime does not include downtime issues related to power supplies on Customer’s server.

100% Network Uptime
Fusionapps guarantees that the Fusionapps network will be available 100% of the time, excluding Maintenance, as defined below. Customers are eligible for a credit for Network Downtime for any failure in Fusionapps’ Network, which can be verified by Fusionapps’ technical support team. “Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by Fusionapps, excluding Maintenance.

Remedies
In the event Fusionapps fails to meet the Replacement Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, Fusionapps will apply a credit (“Credit”) to customer’s account in an amount equal to five percent (5%) of the Net MRC for the affected account for each hour of downtime or fraction thereof. "Net MRC" means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer's monthly recurring charge.

In order to claim Credits, Customer must open a Fusionapps trouble ticket. All downtimes will be measured from the time the ticket is received and validated by Fusionapps to the time Fusionapps, in its sole discretion is able to resolve the issue. Customer may not receive more than 1 Credit per incident and in no event will Customer receive greater than one month’s Net MRC per incident under this SLA.

Customer must be a Fusionapps customer in good standing to receive the Credit. No Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Credit are met. Upon cancellation of the customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.


Exceptions
Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) the failure of power, facilities, equipment, systems or connections not provided by Fusionapps; (iii) the failure of Third Party Service to Fusionapps’ network; (iv) application, software, or operating system failure, (v) the result of network maintenance activity, (vi) Denial of Service attack, hacker activity, or other malicious event targeted against Fusionapps or an Fusionapps Customer, or (vii) failure of any Network or Internet Infrastructure not owned or managed by Fusionapps. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.

Maintenance
“Maintenance” means Scheduled Maintenance or Emergency Maintenance.

”Scheduled Maintenance” means any maintenance in the Fusionapps data center (a) of which the customer is notified at least 24 hours in advance, or (b) that is performed during Fusionapps’ standard maintenance windows.

“Emergency Maintenance” means any maintenance in the Fusionapps data center that: (a) in Fusionapps’ sole discretion, is necessary to avoid an immediate threat to the Fusionapps data center or Customer’s server and (b) of which Customer is notified. Any Emergency Maintenance in excess of 2 hours per event will count as Network Downtime.

This SLA and all Fusionapps Services are subject to the General Terms & Conditions.