Service Availability Service Level Agreement (SLA)

1. Goal:
   
   Our goal is to achieve 100% Service Availability for all customers.
   
   
2. Remedy:
   
   Subject to Sections 3 and 4 below, if the Service Availability of www.smartwebpms.com web site is less than 100%, Smart Web PMS 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:

1. circumstances beyond Smart Web PMS 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 or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. failure of access circuits to the Smart Web PMS network, unless such failure is caused solely by Smart Web PMS;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of Smart Web PMS;
5. false SLA breaches reported as a result of outages or errors of any Smart Web PMS measurement system;
6. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), any negligence, willful misconduct, or use of the Services in breach of Smart Web PMS's Terms and Conditions;
7. e-mail delivery and transmission;
8. DNS (Domain Name Server) Propagation.
9. outages elsewhere on the Internet that hinder access to your account. www.smartwebpms.com is not responsible for browser or DNS caching that may make your account appear inaccessible when others can still access it. Smart Web PMS will guarantee only those areas considered under the control of Smart Web PMS: www.smartwebpms.com server links to the Internet, Smart Web PMS's routers, and Smart Web PMS's servers.