This Service Level Agreement (“SLA”) outlines the availability and uptime commitments for Headless Hostman’s web hosting services (“Service”). This SLA forms part of, and is subject to, the Headless Hostman Terms of Service, as implemented or modified from time to time, 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 99.9% uptime for WordPress Staging Site hosting, and the Cult Portal, excluding Excused Downtime 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 Static Live Site Service Availability Commitment, WordPress Staging Site Service Availability Commitment, or both, 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:
Upon receiving notice of an event that could give rise to a credit, Headless Hostman will conduct an investigation.
If your visitor count usage exceeds your package tier, overrages will be charged at a rate of $0.01 per visitor. For a grace period, during which no overrage fees will be applied, Headless Hostman will offer alternative package tiers at a preferred rate to accommodate your increased usage, allowing you to upgrade and avoid overrage charges.
By continuing to use the Service, you acknowledge and agree that if a new plan is not selected within the grace period, you authorize Headless Hostman to automatically charge the overrage rate of $0.01 per visitor to the payment method on file.
This agreement serves as blanket approval for either opting to upgrade within the grace period or being automatically charged for overrages.
All disputes arising out of or related to this SLA shall be governed by the laws of the Commonwealth of Pennsylvania (United States of America), without regard to its conflict of law principles. To the extent applicable, the exclusive venue for any such disputes shall be the state or federal courts located in Allegheny County, Pennsylvania (United States of America), 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 (United States of America) 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 the Service at any time, for any reason, at our sole discretion, by providing you with 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 before the conclusion of service, which conclusion will be reasonably determined by Headless Hostman, 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 equaling $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 the server of your website or is included as a “Plugin” or “Must-Use Plugin.”
This Plugin is 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 your subscription to the Service is active. If your access to the Service is Terminated, the Plugin may no longer be utilized, and you are required to delete all copies of the Plugin immediately. Copying, distribution, use or modification of any part of the Plugin, its contents, or its code, in whole or in part, for any other purpose or reason is strictly prohibited and will be punishable by law.
Violations may result in legal action, including but not limited to, injunctive relief, and monetary damages.
In the case of any violation, you will be responsible for Headless Hostman’s attorney’s fees.
All data you create and/or post on/to the Headless Hostman’s servers are and remain your property and is for Customer’s exclusive use unless access to such data is permitted by Customer. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy. The Company makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers.
Headless Hostman will automatically backup your website once every 24 hours, and will retain the backups for 30 days for as long as you are a Headless Hostman customer.
Headless Hostman is committed to providing reliable and high-performing Service as outlined in this SLA. However, by using the Headless Hostman Service, you acknowledge and agree that you do so at your own risk.
While Headless Hostman strives to meet the uptime commitments and performance standards detailed in this SLA, the Service is provided “as is” and “as available,” without any guarantee of specific results or outcomes beyond the remedies described herein.
Headless Hostman makes no warranty, express or implied, with respect to the Service, and expressly disclaims all such warranties, including, but not limited to, warranties of fitness for a particular purpose or your specific needs, merchantability, and non-infringement, and further expressly disclaims all liability for any direct, indirect, incidental, or consequential damages arising from your use of the Service to the fullest extent permitted by law.
You are responsible for ensuring that your use of the Service meets your requirements and expectations, and for implementing appropriate safeguards, backups, and contingency plans to mitigate any potential issues.
Unless you transfer your domain’s nameservers to Cloudflare, you acknowledge that the primary version of your website must serve from the www subdomain.
Headless Hostman shall not be held liable for any website breakages or performance issues caused by code changes made by the client or any third party outside of Headless Hostman’s control.
In the event an investigation into the code is required to determine the cause of such issues, the following terms shall apply:
By agreeing to these terms, the client acknowledges their responsibility for any unauthorized or external code changes impacting the website’s functionality.
Monthly Term: The initial term of this Agreement shall be for a period of thirty (30) days, commencing on the date of execution (the “Effective Date”). Thereafter, the Agreement shall automatically renew for successive 30-day periods unless either party provides written notice of non-renewal at least (30) days prior to the end of the then-current term.
Annual Term Option: As an alternative to the Monthly Term, the Client may elect an annual subscription term by providing written notice at the time of signup or prior to the renewal of the current term. The annual subscription term shall commence on the Effective Date (or the start of the subsequent term) and will automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Election Changes: Clients wishing to switch between Monthly Term and Annual Term options must provide written notice at least seven (7) days before the end of the current term.
In the course of delivering support or responding to client-initiated concerns, inquiries, or tasks (collectively “Assistance Requests”), Headless Hostman reserves the right to make direct changes to a client’s website, server environment, or configuration as reasonably necessary to investigate, resolve, or fulfill the Assistance Request.
By utilizing Headless Hostman’s support services, you explicitly authorize Headless Hostman and its representatives to access, modify, and implement changes to your website, including but not limited to theme settings, plugins, core files, code, pages, sitemaps, and database content, without the need for separate written approval or prior notice.
These actions may be taken when:
All changes made pursuant to this Section are made in good faith and with reasonable care. Headless Hostman is not liable for any indirect, incidental, consequential, exemplary, or punitive damages resulting from such changes.
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.
Please see our Customer Privacy Policy here.