Exemption Scenarios

Several situations fall outside the control of Fadal Global S.A. and are therefore excluded from this Compensation Policy. These include, but are not limited to:

Scheduled Network Maintenance

Periodic network maintenance is necessary. Fadal Global S.A. will minimize and avoid downtime during maintenance whenever possible. You will be notified in advance of upcoming maintenance via the email address we have on file. Downtime during scheduled maintenance is not eligible for SLA credits.

Regular Hardware Maintenance

To ensure server reliability and efficiency, we conduct routine hardware inspections. If any hardware is found unfit for continued use, maintenance or replacement may be necessary. Fadal Global S.A. schedules and notifies in advance for planned maintenance to minimize downtime. Thus, downtime from scheduled and communicated maintenance is not eligible for compensation under our SLA.

Hardware Failure Replacement

In the event of dedicated server hardware failure, Fadal Global S.A. guarantees replacement within 4 hours of identifying the issue. If this guarantee is not met, compensation will be provided according to the SLA. This guarantee does not include time required for additional software-related maintenance, such as rebuilding web accounts from backups or reconstructing RAID arrays.

Software Maintenance

Keeping server software up to date is crucial. If Fadal Global S.A. manages your server, occasional software updates will be required to address security or performance issues. While minimal or no downtime is usually expected, specific downtime cannot always be guaranteed.

Malicious Attacks

If a third party launches a ‘Denial of Service’ or other disabling attack, such as virus attacks or hacking, against a customer’s Dedicated Server or major portions of our network, Fadal Global S.A. will strive to stop the attack. However, we cannot guarantee a specific resolution time.

Force Majeure

Events beyond Fadal Global S.A.’s reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, transportation interruptions or delays, telecommunications or third-party service interruptions or delays, and failures of third-party software (e.g., ecommerce software, payment gateways, chat, statistics, or free scripts).

Customer Responsibilities

Customer misuse, abuse, or overuse of the server, or violation of Fadal Global S.A.‘s terms and usage policies, including but not limited to custom scripting or coding (e.g., CGI, Perl, HTML, ASP), custom operating systems, and custom firewall rules, resulting in operating system failures, network issues, or server downtime, are not covered under our SLA compensation policy.

Compensation Policy

If Fadal Global S.A. fails to achieve the guaranteed 99.9% network and hardware uptime, we will compensate by issuing a credit equal to ten times the amount of additional downtime. This calculation is based on our commitment to maintain 99.9% uptime per month, allowing for a maximum downtime of 0.72 hours (for a 30-day period). Any downtime beyond this limit is considered additional downtime. For example, if your server experiences 1 hour of additional downtime, you will receive compensation equivalent to 10 hours of downtime.

All compensation requests must be received within 8 business days of the incident. The compensation amount will not exceed the Package’s monthly recurring charge.