Zurich, January 2021 AGB V2.1
A: Hardturmstrasse 161
8005 Zurich, Switzerland
Table of Contents
This Service Level Agreement (“SLA”) is an integral part of the ROCKY CAPITAL Hosting General Terms and Conditions.
ROCKY CAPITAL provides support services at no charge to Customer as technical assistance in setting up Customer’s account on one or more of ROCKY CAPITAL’s servers, access and other server-related issues to the support desk. ROCKY CAPITAL does not provide free support for web applications, third party software, third party scripts or components, or customer developed software.
ROCKY CAPITAL’s servers are monitored 24 hours a day, 7 days a week, 365 days a year and ROCKY CAPITAL’s support staff can be reached at the address provided in the technical section of ROCKY CAPITAL’s website via email or the electronic form available there. In case of an operational problem, the Customer sends a message with the full description of the problem and the username of the Customer’s account. The Customer may not send multiple messages regarding the same problem.
All inquiries regarding the billing of ROCKY CAPITAL’s hosting services should be sent to the address specified in the administration area of the website.
All inquiries regarding the resale of the Hosting Services as a ROCKY CAPITAL reseller, the acquisition of new accounts and available discounts should also be directed to the address provided in the administration area of the ROCKY CAPITAL website.
If Customer is dissatisfied with ROCKY CAPITAL’s Hosting Services or if Customer cannot resolve a technical support issue within the processes outlined in this SLA, Customer shall contact ROCKY CAPITAL’s Hosting Product Manager at the in the administrative area of ROCKY CAPITAL’s website address provided regarding the customer’s concern. The Hosting Product Manager will review, investigate and respond to Customer’s concern, typically the next business day after receipt of the report of the problem. Because issues may be complex or require extensive investigation, the above response time does not imply a resolution within said one business day.
Certain online tools (“Tools”) are made available to Customer and Customer must use such tools to perform all available account and server administration tasks. These tools, along with server management documentation and help, are available online in the technical section of the ROCKY CAPITAL website.
ROCKY CAPITAL offers high quality hosting services to all customers. In return, ROCKY CAPITAL guarantees the following availability:
Availability. ROCKY CAPITAL guarantees a rolling 30-day average availability of its application servers of 99.9%. Application server availability is defined as the customer’s ability to use a web browser to retrieve the HTTP headers from a hosting server. ROCKY CAPITAL does not monitor the availability of individual websites, only the server availability as a whole. The availability of the application server is therefore limited to the server availability.
ROCKY CAPITAL calculates the server uptime of the application server using the following procedure: ROCKY CAPITAL pings the HTTP service on the server by retrieving the HTTP headers every 5 minutes with a threshold of 30 seconds. If an HTTP service does not respond, the server is considered down and will be automatically rebooted. If restarting the server doesn’t solve the problem, it is immediately escalated to the support desk.
In cases where two or more consecutive HTTP probes fail, the server downtime is recorded as the number of minutes between the first and last failed probe. Downtime lasting less than 5 minutes will not be recorded. The recording protocol of ROCKY CAPITAL is decisive.
Availability ROCKY CAPITAL guarantees a rolling 30-day average availability of its mail servers of 99.9%. Mail server availability is defined as the customer’s ability to send (SMTP) and retrieve (POP3) e-mails via the relevant mail server. ROCKY CAPITAL does not monitor individual mail accounts, only the server as a whole. Mail server unavailability caused by denial-of-service attacks, mail bombing, and other flooding techniques is not included in the availability calculation. The availability of the mail server is therefore limited to the server availability.
Mail Delivery Protocol (SMTP) is a “store-and-forward” protocol that does not guarantee immediate delivery of email messages. If the first delivery attempt fails, the mail server continues to try to deliver the messages to the addressee according to a predefined schedule. If the messages cannot be delivered for a period longer than 48 to 72 hours, the messages will be returned to the sender.
ROCKY CAPITAL calculates the server uptime based on the following procedure: ROCKY CAPITAL pings the SMTP and POP services (retrieval of SMTP and POP headers) every 5 minutes with a threshold of 30 seconds. If one of the services does not respond, the service is considered down and will be restarted automatically. If two or more consecutive SMTP or POP tests fail, the issue is immediately escalated to the support desk.
In cases where two or more consecutive SMTP or POP tests fail, the server downtime is recorded as the number of minutes between the first and last failed test. Downtime of less than 5 minutes will not be recorded. ROCKY CAPITAL calculates server uptime based on this type of server monitoring. The recording protocol of ROCKY CAPITAL is decisive.
ROCKY CAPITAL is only responsible for the hosting services up to and including incoming and outgoing TCP/IP traffic in the data center. Interruptions to the hosting services due to problems on the Internet or in part of the customer’s network are beyond ROCKY CAPITAL’s control and are not included in the calculation of availability. Interruptions to the hosting services caused by denial-of-service or similar attacks are beyond ROCKY CAPITAL’s sphere of influence and are also not included in the calculation of availability.
In order to ensure optimal server performance, ROCKY CAPITAL routinely carries out maintenance work on the servers. Such maintenance often requires the hosting services to be unavailable because they are taken offline. ROCKY CAPITAL reserves two hours of server downtime per month for maintenance purposes. This server unavailability is not included in the calculations of server uptime or availability according to Section5.1until5.3included. The maintenance work is usually carried out outside of the main business hours. Whenever possible, ROCKY CAPITAL will inform the customer in advance of the maintenance work.
Each account is allocated storage capacity on ROCKY CAPITAL’s servers according to the plan or options chosen by the customer. This amount of storage can be increased via the online control panel for an additional fee up to the maximum amount allowed for each plan or service as described on ROCKY CAPITAL’s website. The servers may stop accepting, processing or delivering customer data when the purchased limit is reached, resulting in server unavailability or data loss. ROCKY CAPITAL cannot be held responsible for such unavailability or loss of data.
ROCKY CAPITAL employs RAID techniques to ensure the integrity of data on its servers and data is written to two hard drives simultaneously to prevent data loss in the event of hardware failure. ROCKY CAPITAL reserves the right to place accounts on non-RAID servers if necessary. Routine backups are performed at least daily for disaster recovery purposes only. ROCKY CAPITAL does not restore the data at the request of the customer. Application server raw log files are not included in the backups and cannot be restored during a server restore.
In the event of data corruption, hardware failure or other data loss, ROCKY CAPITAL will endeavor to recover lost or corrupted data from server backups. ROCKY CAPITAL is not responsible for lost data or website content.
THE COMPANY DOES NOT RETAIN ANY CUSTOMER DATA AFTER THE TERMINATION OF THE CONTRACT. ALL CUSTOMER DATA WILL BE DELETED (A) FROM SERVERS AT THE TIME OF CONTRACT TERMINATION AND (B) FROM BACKUPS DURING THE PLANNED BACKUP ROTATION. COMPANY WILL NOT RECOVER, “BURN” ON CD OR SHIP ANY CUSTOMER DATA RELATED TO CANCELED ACCOUNTS.
Subject to the provisions of the GTC and in order to access ROCKY CAPITAL’s hosting services, the customer must meet the following minimum requirements: