Website Services – Service Level Agreement

This agreement describes the standard level of service that all website hosting customers can expect from Dataplus Tech Ltd. It attempts to quantify the levels of service that all hosting customers can expect, and the remedies we offer if we fail to provide service at those levels.

Dataplus Tech Ltd provides a reactive hosting service for all websites and offer a 99% uptime. We installed Uptime Robot Utility Software that constantly check up/Down Time operation of our customers’ web hosting Service and report such to our service email. However, We do not physically check the websites we host.

99.9% Network and Servers Uptime

Dataplus Tech Ltd guarantees that the customer’s website, which is hosted on the Dataplus Tech Ltd network and Servers, will be available 99.9% of the time, excluding maintenance, as defined below.
Network downtime is defined as the Customer’s hosted website being unable to be viewed or accessed through the Internet, caused by failure of network equipment managed and owned by Dataplus Tech Ltd, excluding scheduled or emergency maintenance.

Scheduled Maintenance means any maintenance in the Dataplus Tech Ltd network/servers of which the customer is notified at least 5 days in advance. Emergency Maintenance means any maintenance in the Dataplus Tech Ltd network/servers that:
(a) in Dataplus Tech Ltd.’s sole discretion, is necessary to avoid an immediate threat to the Dataplus Tech Ltd networks/servers or Customer’s server and
(b) of which the Customer is notified.

Response times

Customer & technical support is provided by Dataplus Tech Ltd on a first-come, first-served “best effort” basis. We aim to at least acknowledge, if not fully answer, all emails to our advertised support address (info@dataplusonline.com) within 4 working hours.
We aim to answer the phones during working hours, but under times of high demand or staff sickness, may defer to an answering service where we promise to return all messages as soon as possible.

Exceptions

The Customer shall not be entitled to any credit hereunder if any network downtime is caused by:
(i) actions of the Customer or others authorized by the Customer to use the service under the Agreement
(ii) Customer application, software, or Customer’s operating system failure
(iii) the result of network maintenance activity, (iv) denial of service attack, hacker activity, or other malicious event or code targeted against Dataplus Tech Ltd or a Customer, or
(v) failure of any network or Internet Infrastructure not owned or managed by Dataplus Tech Ltd
(vi) If the Customer has more than one website hosted on Dataplus Tech Ltd networks or servers, then a claim may be accepted for one hosted website.

Hosting Fees

The cost of Dataplus Tech Ltd.’s Hosting Package is included within the web build proposal. As default, this only includes:
– Setting up / configuring the server space
– Hosting for one year
– Content Management Software plugins updates*

*Content Management Software (CMS) updates

CMS, as well as some plug-ins, irregularly releases software updates and Dataplus Tech Ltd will make updates to a Customer’s site so that it can continue to perform well upon our servers. The updates will be made during periods of downtime and we expect this to occur 4-8 times per year.
CMS updates shall only be provided if a Hosting or Web Maintenance Package has been purchased.
Please note, Dataplus Tech Ltd cannot be held responsible for any issues caused directly or indirectly by an update release to CMS or a plug-in.

Web Maintenance and update Packages

For when the basic Hosting Package is not enough, Dataplus Tech Ltd offer web maintenance packages with different levels of support to meet the ongoing needs of a website. The cost of each option will be included separately from the initial web build proposal.

Web Maintenance means any ongoing content or coding updates, functionality ‘fixes’ & support that serves to maintain the ongoing efficiency of the site and server.

Commencement 

By accepting the web proposal, the Customer accepts the fees and that:
(i) their website will be built in accordance with the specification of our servers
(ii) the server space will be set up accordingly
(iii) their website shall be hosted on the Dataplus Tech Ltd servers

Website hosting commences and becomes chargeable once the server space has been set up and is hosting a Customer‘s (development) web files. This is done in advance of website launch date as we need to create an area for the (test) site to be worked on.

Renewals

Dataplus Tech Ltd.’s hosting service runs annually. It is automatically renewed each year  with an invoice sent 3-4 weeks in advance of renewal date.
For administration reasons, the official renewal date is set as the first day of the month in which the server space was originally set up and web files added.

Cancellations

The Customer is free to cancel the hosting service at any time and this should be done in writing.
At the time of renewal, should the Customer no longer wish for Dataplus Tech Ltd to renew the hosting service, we request a minimum notice period of two weeks prior to renewal date. If no notice is provided, it will be assumed that you do wish the web hosting to be renewed and are in agreement with the terms for the following year.
Should Dataplus Tech Ltd be informed after this notice period, this may lead to a delay in the transfer of web files to another hosting supplier. Dataplus Tech Ltd cannot be held liable for any loss (financial or otherwise) to the Customer any transfer delay may cause.

Refunds

A part refund (up to the value of 50%) of the hosting fee will be payable to the Customer if they cancel the web hosting service during the first six months of a hosting period, so long as:

(i) the cancellation is made in writing
(ii) the cancellation is not made during the first year of hosting

External Hosting Service

Dataplus Tech Ltd does not, as standard, provide a hosting service for any website built by a company other than ourselves. However, in the event that we do offer such a hosting service, the website would be hosted on a virtual machine selected & set up by ourselves (as opposed to Dataplus Tech Ltd’s own shared servers).
We aim to provide similar terms to the above but with certain exceptions, including:

• Renewals:   an invoice will automatically be sent 2-4 weeks in advance of the renewal date.
• Termination:   should a Customer wish to terminate the hosting agreement, they may do so at any time in writing. In the event of the Customer not wishing to renew, we require written notice a minimum of one full week prior to the renewal date.
• Refunds:   Dataplus Tech Ltd does not offer a pro-rata refund for any unused months following a termination of external website hosting.

Alternative Hosting

Should the Customer not wish for Dataplus Tech Ltd to provide any hosting service they should inform Dataplus Tech Ltd as soon as possible and certainly prior to the server space being set up as they will incur costs otherwise.

It is the responsibility of the Customer to ensure the alternative server will be set up correctly to host their website. Whilst we will work with the Customer to ensure all works smoothly, Dataplus Tech Ltd cannot be held responsible for any security or compatibility issues their website will face on an alternative server.
If Dataplus Tech Ltd is informed the Customer wishes for their website to be hosted elsewhere, Dataplus Tech Ltd will place the development site on a pre set-up, staging area of their own servers.

Transfers

Should a transfer of hosting service be requested, we are happy to package and send to you the website files (and database). Alternatively, we can upload directly to the alternative server space should this be preferred.
Following the web file transfer we will remove the development web files from our server space.
The transfer (and removal) will incur an additional fee.

DOMAIN NAMES

Dataplus Tech Ltd are happy to source, register & manage your domain names within our control panel.
For those domain names that, on our client’s behalf, we have registered under our name or transferred across to our control, we become the legal ‘owner’ of the domain name. Dataplus Tech Ltd will treat this ownership as one of ‘guardianship’ only with all decisions regarding the control / transfer / renewal of the domain being made by the client.
Should the client wish to have full ownership of their domain name(s), we are able to facilitate the transfer across to the client’s own control panel subject to applicable country / EU laws.

Domain renewal occur either once a year or every two years. It is automatically renewed with an invoice sent in advance of renewal date. Non-payment may result in the domain not being renewed and becoming available for others to purchase.

The Service level agreement runs in conjunction with Dataplus Tech Ltd’s standard terms and conditions.

Definitions

1. “Dataplus Tech Ltd”, “Dataplus”, “we”, “us”, “our” means Dataplus Tech Ltd #3 RA Njoku Close, Utako, Abuja.
2. “Service” means any hosting or connectivity service offered by Dataplus, including but not limited to Hosting Services or Dedicated Hosts, Support and Maintenance Agreements.
3. “Customer”, “you”, “your” means you, the person or persons in whose name(s) a service is maintained by.
4. “Technical contact” means a person or persons nominated by the Customer with whom Dataplus can discuss all matters of a technical nature relating to the Service.
5. “Working hours” means 9.00am to 6.00pm, Monday to Friday, excluding Federal Govt.