Service Level Agreement


Gytheion Firmware Management Center Availability Guarantee

The Gytheion Firmware Management Center Service Level Guarantee is 99.9% for network, and server availability during a monthly billing period. Server availability is defined as the total number of hours in a monthly billing period (based on a 24-hour day and a 30-day month) that a server is available for remote access and for performing any of the following functions: web site hosting, running custom applications, running 3rd party vendor applications, or other essential functions, as determined by Gytheion. (The Guarantee allows for 43 minutes of non-consecutive Service outage during a monthly billing period.) Only outages lasting a minimum of ten (10) consecutive minutes are considered a Service Outage for calculating server availability. If server availability during a monthly billing period is less than 99.9%, Customer will be eligible to receive the following credits, based on the applicable percentage of Monthly Recurring Charges:

Firmware Management Center Availability Credit Percentage
98.0% -- 99.8% 25%
97.9% or less 50%

Limitations, Exclusions and Conditions
The Guarantee will not apply to Service outages caused by, or associated with:

  • Any failure of performance due to acts of God, labor difficulties or the acts or omissions of any third party over whom Gytheion has no right or ability to control;

  • Failure of access circuits provided by third parties, unless such failure is caused solely by Gytheion;

  • Scheduled maintenance, including upgrades, and emergency maintenance;

  • Any act or omission of Customer or its agents or contractors including, without limitation, custom scripting or coding (e.g., PHP, JavaScript, HTML, etc.); exceeding allowable monthly Bandwidth allocation; or any use of Service in violation of Gytheion’s Acceptable Use Policy;

  • Outages elsewhere on the Internet that hinder access to Gytheion Firmware Management Center.
To be eligible for a credit: (1) a Customer’s account(s) must be current in all respects, without any Service charges past due and owing; (2) Credit requests must be for the specific hosting account impacted by an unavailability of one or more servers; (4) Customer must complete the online form in the Gytheion Billing Dashboard within ten (10) calendar days of the unavailability of a server and provide such other information as may be requested by Gytheion. Any evidence of fraudulent bulk submissions using the online form or via e-mail or unauthorized submissions may result in the immediate termination of Service. Credits awarded will not apply to any fees paid for renewal or add-on purchases of bandwidth, and will be made to the Customer’s account within two billing cycles after confirmation of the Service outage.

Rev. 01/08/17