Workhorse shall provide website hosting services (collectively, “Hosting Services”) to Client in accordance with the Proposal and/or Project Estimate executed between the Parties.
Workhorse Marketing will make the Hosting Services available 99.75% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows:
(total minutes Services are available) x 100
Service Availability = ——————————————————————
(total minutes in the month) – (Excused Downtime)
“Excused Downtime” means the length of time the Services are unavailable due to:
- Scheduled Maintenance;
- Emergency Maintenance;
- Non-production environments;
- Force Majeure events;
- The actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the services, or any use or configuration of the Services that exceeds Workhorse Marketing’s recommendations or advertised limits; and
- Third-party service downtime (including but not limited to APIs, CDN services, etc…)
“Scheduled Maintenance” includes any maintenance performed during an agreed upon maintenance window.
“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.
Client’s sole remedy and Workhorse’s exclusive liability under the Agreement shall be to provide Client with a credit equal to one (1) month of free Hosting Services.
Client acknowledges and agrees that Workhorse is not responsible for any loss of traffic, data, or sales. In connection with Client’s purchase of Hosting Services, Workhorse will use reasonable commercial efforts to provide you with prior notice of any issues regarding your website and planned maintenance.
If Client has any questions regarding the Hosting Services, Client may contact its dedicated account producer and Workhorse will use reasonable commercial efforts to respond to Client’s question in a timely manner.