This Service Level Agreement (“SLA”) outlines the availability and uptime commitments for Headless Hostman’s web hosting services (“Service”). This SLA forms part of the Headless Hostman Terms of Service, and the remedies set out below are the exclusive remedies available for breach of this SLA.
By using Headless Hostman’s services, you agree to the terms of this SLA and understand that the remedies described herein are your exclusive remedies for any issues related to service availability.
Headless Hostman is committed to providing 100% uptime for Static Live Site hosting, excluding Excused Downtime as defined in this SLA.
Headless Hostman is committed to providing 99.99% uptime for WordPress Staging Site hosting, excluding Excused dDowntime as defined in this SLA.
“Excused Downtime” refers to the following circumstances in which Service downtime will not be considered a breach of this SLA:
If Headless Hostman fails to meet its Service Availability Commitment, you are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime.
In order to receive a credit, you must contact Headless Hostman’s Support team within 30 days of the event giving rise to the credit. Requests for credits must include:
Any overages of storage, visitor count, or bandwidth exceeding your package tier will be charged at a rate of $0.002 per GB of storage, visitor count, or GB of bandwidth. A grace period of 30 days will be provided from the time the overage occurs, during which no overage fees will be applied.
If any overrage exceeds 200%, the grace period length for that overage will be 7 days.
All disputes arising out of or related to this SLA shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The exclusive venue for any such disputes shall be the state or federal courts located in Allegheny County, Pennsylvania, and both parties consent to the jurisdiction of such courts.
Any controversy, claim, or dispute arising out of or relating to this Agreement or its termination or breach that cannot be settled through negotiation will be settled by binding arbitration conducted in Pittsburgh, Pennsylvania pursuant to the Rules of the American Arbitration Association (”AAA”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted by one (1) arbitrator chosen in accordance with the rules of the AAA and, to the extent possible, the arbitrator will have knowledge of and experience regarding the industry.
By agreeing to arbitration, the parties waive the right to a jury trial or to bring an action in court, to the extent permitted by applicable law.
You agree that any disputes arising out of or related to this Agreement must be pursued on an individual basis only, and not as part of any class action or representative proceeding. You hereby waive your right to participate in any class action, collective action, private attorney general action, or any other representative proceeding against Headless Hostman. This waiver applies to all claims under any theory of law, whether arising in contract, tort, statute, or otherwise.
Headless Hostman reserves the right to terminate your account or access to services at any time, for any reason, at our sole discretion, by providing you with 30 days’ written notice. Upon termination, you will be responsible for any outstanding fees or charges incurred prior to the termination date.
You may also terminate with 30 days written notice.
In the case of Termination, you are required to migrate your website off the Headless Hostman WordPress server within 30 days and accept all responsibility for changing your DNS.
Any efforts required by the Headless Hostman to assist with migration or DNS will be subject to fees equalling $200/hour applied to your final invoice, or an additional invoice if the final invoice has already been charged.
Headless Hostman utilizes a Plugin at the core of its functionality, which is installed on your WordPress website.
The contents of this plugin are the copyrighted property of Top Hat IMC (Top Hat). Headless Hostman grants you a limited license to reproduce and use the Plugin only within the context of the service while the service is active. If service is Terminated, the Plugin may no longer be utilized.
Unauthorized copying, distribution, re-use or modification of any part of this code, in whole or in part, is strictly prohibited and will be punishable by law.
Violations may result in legal action, including but not limited to, injunctive relief, and monetary and punitive damages.
Upon removal of your service you are required to delete all Plugin contents immediately.
In the case of any violation, you will be responsible for Headless Hostman’s attorney’s fees.
Headless Hostman reserves the right to modify, amend, or update the terms of this Service Level Agreement at any time.
It is your responsibility to review this SLA periodically for updates. Continued use of the Service after any modifications to the SLA constitutes your acceptance of the updated terms.