Service Level Agreement
Trinicom communications, LLC is not an internet server provider.
Trinicom is committed to providing a reliable, high-quality network and services to support its customers. Providing you with consistent access to your data is a high priority for Trinicom and is part of the reason Trinicom makes commitments in the form of Service Level Agreements (SLAs) that provide certain rights and remedies regarding the availability and performance of Trinicom’s network and services. The SLA also aims to provide clarity for customers by outlining general guidelines and expectations for our working partnership.
Network Coverage Definitions
This Hosting Availability Service Level Agreement (SLA) section applies to you (“Customer”) if you have ordered any of the following Unix or Windows Web site Hosting, Email Hosting, DNS hosting, Server Colocation, Managed Server Colocation, Internet Access, and VoIP services from Trinicom Communications LLC (the “Services”) and your account is current (i.e., not past due) with Trinicom: Unix or Windows Website Hosting, Email Hosting, DNS hosting, Server Colocation, Managed Server Colocation, Internet Access, VOIP services and other customized services as provided to individual Clients to fulfill specific or specialized needs. As used herein, the term “Hosting Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s Hosting is available for access by third parties via HTTP and HTTPS, as measured by Trinicom. Trinicom backs up Email and Web content data once a week, Trinicom is not responsible for email left on Trinicom’s servers. Clients are expected to download their email to their computers on all POP3 accounts.
Network Service Levels
I. Goal: Trinicom’s goal is to achieve 100% Hosting Availability for all customers.
II. Remedy: Subject to sections 3 and 4 below, if the Hosting Availability of customer’s Hosting is less than 100%, Trinicom will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services.
|Hosting Availability||Credit Percentage|
|99 to 100%||0%|
|98% to 98.9%||10%|
|95% to 97.9%||25%|
|90% to 94.9%||50%|
|89.9% or below||100%|
Network Availability Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Hosting Availability caused by or associated with:
I. circumstances beyond Trinicom’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;
II. failure of access circuits to the Trinicom Network, unless such failure is caused solely by Trinicom;
III. scheduled maintenance and emergency maintenance and upgrades;
IV. DNS issues outside the direct control of Trinicom;
V. issues with FTP, POP, IMAP, or SMTP customer access;
VI. false SLA breaches reported as a result of outages or errors of any Trinicom measurement system;
VII. 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, willful misconduct, or use of the Services in breach of Trinicom’s Terms and Conditions and Acceptable Use Policy;
VIII. e-mail or webmail delivery and transmission;
IX. DNS (Domain Name Server) Propagation.
X. outages elsewhere on the Internet that hinder access to your account. Trinicom is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Trinicom will guarantee only those areas considered under the control of Trinicom: Trinicom server links to the Internet, Trinicom’s routers, and Trinicom’s servers.
Network Availability Credit Request
To receive a credit for lack of Hosting Availability, the customer must make a request by sending an e-mail message to firstname.lastname@example.org. The e-mail message MUST include the domain name of the customer’s account in the “Subject” line if a shared hosting account is affected. Each request in connection with the Hosting Availability portion of this SLA must include the dates and times of the unavailability of customer’s Hosting and must be received by Trinicom within ten (10) business days after the customer’s Hosting was not available. If the unavailability is confirmed by Trinicom, credits will be applied within two billing cycles after Trinicom’s receipt of the customer’s credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Trinicom and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Hosting Availability of customer’s Hosting.
For VoIP Services, all call recordings on our hosted / cloud services will remain on the server for up to 30 days and then will be deleted without notice.
Charges, Payments and Credits
Unless otherwise set forth in a Customer specific Service Contract Agreement, Trinicom invoices for all services monthly in advance and payment is due upon receipt. Customers are afforded a 30-day grace period to submit payment. After the grace period, the customer account is subject to late fees of 1.5% per month on any overdue amounts and/or suspension of services for non-payment. Customer is liable for any costs or legal fees associated with collecting such amounts. Any services that are suspended due to non-payment may be subject to a reinstatement fee to restore services.
Each invoice will be deemed correct and indisputable unless the Customer disputes such invoice in writing, specifically identifying the disputed charges, within 30 days of issuance of the applicable invoice. All undisputed amounts on such invoice must be paid by the due date, regardless of the existence of any disputed amounts. Disputed amounts that Trinicom determines to be in error or not in compliance with a specific Customer Agreement will be adjusted as a credit on a subsequent invoice. Any credit provided for disputed items or services will be for the original invoiced amount of the disputed item or service and will not exceed more than the value of 90 days of the disputed item or service. Research and credit for disputed charges will not extend beyond 90 days of historic data from the date of customer notice. Any disputed amounts that Trinicom reasonably determines to be correct will be due and payable by the Customer upon notice of such determination.
Cancellation of Services
Trinicom requires any cancellation of services to be requested in writing and be emailed to email@example.com or faxed to 713-979-0498 or mailed to Trinicom Communications, LLC 10606 Hempstead Rd. #150 Houston, TX 77092. All cancellations require 60-day notice period unless otherwise outlined in a Customer’s specific Service Contract Agreement. Customers will be liable for any normal monthly fees until services are canceled with proper notice as outlined above.
Account credits are not refundable and can be used only towards future billing charges.
Additional or alternate terms and conditions may apply to individual Customers and Services as outlined in a specific Service Contract Agreement made between Customer and Trinicom at commencement of services. If present, please refer to the Service Contract Agreement for any additional or alternate terms and condition. All terms and conditions outlined in this SLA are in effect for all Customers with the exception of specific terms or conditions that are countered in a signed Service Contract Agreement with Trinicom. Any modifications or exceptions contained in a Customer’s Service Contract Agreement only affect those specific terms and conditions with the remainder of this SLA in effect.
Note: Trinicom reserves the right to revise, amend, or modify this SLA and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted at https://trinicom.com/index.php/service-level-agreement/.