Service Level Agreement (SLA)

1. Coverage & Definitions

This Service Level Agreement (“SLA”) applies to customers (“Customer”) who have purchased Shared Web Hosting Plans or VM Virtual Server or DIY Homepage or E-Commerce Plans (“Services”) from ABCHK and whose accounts are current (i.e., not past due).

• Web Site Availability means the percentage of a calendar month (based on 24-hour days) during which the Customer’s hosted website content is accessible via HTTP/HTTPS, as measured solely by ABCHK’s monitoring systems.

• Downtime is defined strictly as the period when the Customer’s website is unavailable due to a failure within ABCHK’s infrastructure (servers, routers, or Internet links under ABCHK’s control).

2. Service Level Commitment

• Goal: ABCHK endeavors to maintain 100% Web Site Availability.

• Remedy: If actual availability falls below 100%, Customer may be eligible for a service credit, calculated against the monthly recurring fee for the affected Services, according to the following schedule:

3. Exclusions & Limitations

No credits shall be issued for downtime or service deficiencies resulting from:

• Force Majeure: Circumstances beyond ABCHK’s reasonable control, including but not limited to acts of government, war, terrorism, sabotage, embargo, fire, flood, strike, labor disputes, power outages, or natural disasters.

• Third-Party Failures: Failures of telecommunications, upstream providers, third-party software (e.g., e-commerce platforms, payment gateways, chat scripts, statistics tools), or raw material shortages.

• Customer Actions: Misuse, negligence, willful misconduct, or breach of ABCHK’s Terms of Service or Acceptable Use Policy, including custom coding errors (CGI, Perl, HTML, ASP, etc.).

• Customer Misconfiguration: Errors in Customer’s scripts, databases, CMS platforms (e.g., WordPress, Joomla), plugins, themes, or incorrect DNS records set by Customer or third parties.

• Resource Exhaustion: Downtime caused by Customer exceeding allocated resources (CPU, RAM, bandwidth, disk space, concurrent connections) or suspension due to violation of fair-use or abuse policies.

• Scheduled Maintenance: Planned or emergency maintenance, upgrades, or security patches.

• External DNS/Propagation: DNS issues outside ABCHK’s control, including propagation delays.

• Access Protocols: Issues with FTP, POP, IMAP, or SMTP access.

• Email Services: Email services (including SMTP, POP, IMAP, and webmail delivery/transmission) are expressly excluded from this SLA.

• Internet Outages: Failures or congestion outside ABCHK’s network, including browser or DNS caching anomalies.

• False Reports: SLA breaches incorrectly reported due to third-party monitoring errors.

• DDoS & Security Attacks: Any downtime or degradation caused by Distributed Denial of Service (DDoS) attacks, malicious traffic floods, brute-force attempts, malware, ransomware, phishing, or other hostile activity targeting Customer’s services or ABCHK’s infrastructure.

• Website Compromise / Hacking: Any downtime, degradation, or data loss resulting from unauthorized access, hacking, defacement, exploitation of vulnerabilities in Customer’s applications, or other malicious activity targeting Customer’s website.

• Third-Party Integrations: Failures in external APIs, payment gateways, analytics tools, or SaaS integrations not operated by ABCHK.

• Law Enforcement / Regulatory Actions: Service interruptions due to government takedown requests, subpoenas, or regulatory compliance actions.

• Beta / Trial Services: Any downtime related to services offered on a trial, beta, or promotional basis.

• Backup & Restore Operations: Interruptions during Customer-requested restores, migrations, or backup processes.

• Network Routing Outside ABCHK: Latency or packet loss caused by upstream ISPs, peering partners, or Internet backbone providers.

• Account Suspension: Downtime resulting from non-payment, violation of Terms of Service, or abuse complaints.

ABCHK guarantees only the availability of infrastructure under its direct control: ABCHK servers, routers, and Internet links.

4. Credit Request Procedure

• Customer must submit a written request via email to account@abchk.com within ten (10) business days of the alleged downtime.

• Requests must include:

  • Customer account number (per ABCHK invoice, e.g., EBXXX)

  • Domain name in the subject line

  • Dates and times of alleged unavailability

• ABCHK will validate claims using its internal monitoring systems. If confirmed, credits will be applied within three (3) billing cycles.

Credits are non-refundable, non-transferable, and may only be applied to future invoices.

5. Liability Cap & Exclusive Remedy

• The maximum credit in any month shall not exceed the total monthly hosting fee paid for the affected Services.

• Credits exclude applicable taxes and fees.

• Exclusive Remedy: Credits issued under this SLA are the Customer’s sole and exclusive remedy for any downtime or service deficiency.

• Disclaimer: ABCHK expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose.

6. Governing Terms

This SLA is incorporated into and subject to ABCHK’s Services Agreement and Acceptable Use Policy. In the event of conflict, ABCHK’s Terms and Conditions shall prevail.