Service Commitment

Morweb CMS Inc. is committed to providing services to its customers at a standard of excellence commensurate with the best practice in the industry. Network uptime and server availability are of the highest importance. The following service levels are designed to assure customers of ultimate performance and maximal uptime.

99.9% Network Uptime Guarantee

Morweb CMS Inc. guarantees that the network will be available 99.9% of the time, excluding maintenance, as defined below. Customers are eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by Morweb CMS Inc.’s 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 Morweb CMS Inc., excluding maintenance.

Maintenance

“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance in the Morweb CMS Inc. datacenter of which the customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the Morweb CMS Inc. datacenter that: (a) in Morweb CMS Inc.’s sole discretion, is necessary to avoid an immediate threat to the Morweb CMS Inc. datacenter or Customer’s server and (b) of which the customer is notified.

Remedies

In the event that Morweb CMS Inc. fails to meet the Uptime Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided the customer follows the procedures outlined herein, Morweb CMS Inc. will apply a credit to the customer’s account 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 that are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. The Credits described in this SLA will be the customer’s exclusive remedy and Morweb CMS Inc.’s entire liability for any breach of any warranty of performance or service contained in this SLA. All downtimes will be measured from the time the ticket is received and validated by Morweb CMS Inc. to the time Morweb CMS Inc., in its sole discretion, is able to resolve the issue. Customers may not receive more than one credit per affected configuration per incident and in no event will Customer receive greater than one month’s Net MRC in Credit for any given month regardless of the number of incidents. The customer must be a Morweb CMS Inc. 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

Customers shall not receive any credits under this SLA in connection with any failure or deficiency of Network Availability caused by or associated with:

• Circumstances beyond Morweb CMS Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks or hackers, failure of third party software (including, without limitation, eCommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
• Scheduled maintenance and emergency maintenance and upgrades;
• Third-party intrusions, including without limitation denial of service or similar attacks;
• DNS issues outside the direct control of Morweb CMS Inc;
• Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence or willful misconduct;
• Outages elsewhere on the Internet that hinder access to your account. Morweb CMS Inc. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Morweb CMS Inc. will guarantee only those areas considered under the control of Morweb CMS Inc.: Morweb CMS Inc. server links to the Internet, Morweb CMS Inc. routers, and Morweb CMS Inc. servers.

Credit requests and Payment Procedures

In order to receive a credit, customers must make a request by emailing support@morweb.org. Each request must be received by Morweb CMS Inc. within ten (10) business days after the customer's website was not available. If the unavailability is confirmed by Morweb CMS Inc., credits will be applied within one billing cycle after Morweb CMS Inc. receipt of the customer's credit request.

Support & Backups

• Unlimited Morweb phone, email and live chat support during business hours. Response time of 2 hours during business hours (MST).
• 24/7 Emergency email support, with a response time of 4 hours.
• Complete back-up of your website offsite every 3rd day on a separate backup server for a period up to 90 days.