We are committed to providing you with an excellent standard of service.
The availability and operation of our infrastructure and network as well as the proper function and prompt repair of any equipment we provide, as part of the Services is essential to us. This document therefore describes our core commitments to you.
The service levels described below (“Service Levels”) set out the core aspects of the Services covered by our commitment and the levels to be achieved in the provision of those aspects of the Services. We also explain your remedies if at any time we fall below the high standards we set.
Support Team Commitments
We Are Hex operates a development support team service contactable via email ([email protected]) from 9:00am to 5:30pm Monday to Friday apart from bank holidays. Email responses will be acknowledged within an hour, and we aim to resolve all urgent tickets within 4 business hours, medium level tickets within one business day and all other tickets within two business days.
Definition – Urgent Ticket: These are tickets which relate to a website being down or not responding (timing out).
At all times services are monitored by a third party. Any notifications of downtime are automatically sent to our out of hours team who investigate immediately. The out of hours team can be contacted by emailing [email protected], with the subject OOH – [SUBJECT]. Issues involving downtime will be resolved and responded to as quickly as possible.
99.995% Infrastructure Availability
Our provider commits to the availability of power and HVAC (heating, ventilation and air conditioning) 99.995% of the time in any given month.
In the case of HVAC, the achievement of this level will apply when (i) an average daily room temperature of between 18 and 27 degrees Celsius is achieved and (ii) an average room relative humidity of 60% (+/- 20%) is achieved.
In the case of power, the achievement of this level will apply when uninterrupted power is delivered to the server or firewall.
99.995% Network Availability
Our provider commits to the availability of its network services 99.995% of the time in any given month.
The network will be considered available where (i) it is possible to transmit and receive data across the network equipment owned and managed by them, and (ii) it is possible to connect to their border routers.
99.995% Hardware Availability
Our provider is committed to the proper functioning of hardware provided. The guaranteed uptime is 99.995%. This hardware commitment applies only to the following hardware components: chassis, processor(s), memory, storage device(s), motherboard, power supplies and network interface card(s). It does not apply to the time required to rebuild a RAID array, reload the operating system, reload and configure applications or restore from backup.
Downtime & Notification
“Downtime” means where the above Service Levels are not achieved for reasons other those described under the Exclusions below. Downtime shall be measured from the time (i) you raise a ticket on We Are Hex’s ticket system, notifying us of the relevant unavailability, and (ii) the unavailability is verified by We Are Hex’s technical department. Downtime shall continue until the relevant Service Level is restored, as confirmed by We Are Hex’s support department. Downtime may not be aggregated on an event basis; i.e. if any event gives rise to unavailability in respect of different Service Levels affecting the same service, you may not aggregate that unavailability and Downtime will be calculated only in respect of the Service Level which worst affects that service.
You will be entitled to the following Service Credits in the event of Downtime, all Service Credits being based on a percentage of your ‘MRC’, which is the monthly recurring charge (excluding tax) relating to the service experiencing the Downtime.
|Total Monthly* Downtime||Service Credit Payable|
|Less than 30 minutes||None|
|Over 30 minutes but less than 1 hour||10%|
|Over 1 hour but less than 24 hours||40%|
|Over 24 hours||100%|
*’Month’ and ‘monthly’ mean the month(s) covered by your monthly invoice(s).
Under no circumstances will your total entitlement to Service Credits exceed 100% of MRC in any month.
Process & Exclusive Remedy
The above Service Credits are your sole and exclusive remedy with respect to any Downtime or other failure to achieve the Service Levels and represent We Are Hex’s entire liability on respect of its failure to achieve the Service Levels.
Service Credits are only payable (i) in respect of Downtime verified as set out above, and (ii) only if you have paid all relevant Fees, including payment of the Fees relating to the month for which the Service Credits are claimed and are otherwise in good financial standing with We Are Hex.
To qualify for Service Credits, you must make a written request to We Are Hex ([email protected]) for credit within 14 days of the end of the month to which the Service Credit relates, failing which your right to Service Credits will be lost. Provided you so notify us, verified Service Credits are payable within three calendar months of your written request. We Are Hex may, at its discretion, offset Service Credits against any Fees owing.
There is no entitlement to Service Credits for any failure to meet the Service Levels which:
- is not due solely to the fault or negligence of We Are Hex or its employees, agents or contractors;
- is the result of force majeure;
- is the result of any fault on your part, including any fault on the part of your employees, agents, contractors or customers;
- results from abuse or misuse by you, your employees, agents, contractors, customers, any persons to whom you have given access to the Services, or any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you;
- is due to planned maintenance;
- relates to your breach of your agreement with us (including any suspension of the Services relating to such breach);
- results from limitations imposed by you upon We Are Hex in the provision of the Service(s);
Updated: March 2020