Service Availability Commitment Scope: USONYX's Service Availability Commitment is to limit Customer's Server unavailability to less than one consecutive hour in any calendar month and less than 8 hours in any calendar year.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean both:
(1) any maintenance in the USONYX data center at which Customer's Server is located (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window on Saturday 9am till Sunday 11PM local time of the USONYX data center at which Customer's Server is located and (2) any maintenance of Customer's Server (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window Monday through Friday 9 PM to 9 AM Singapore local time. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by USONYX (telephone, email, or fax).

Service Availability Commitment Process: If Customer opens a trouble ticket with USONYX Customer Support within 5 days of Customer's failure to access Customer's Server and USONYX determines in its reasonable commercial judgment that the Server is unavailable due to a Server outage caused solely by the items of the service managed exclusively by USONYX that outage will be used to calculate Server unavailability for the remedies provided below. A Server shall be deemed to be unavailable if the server is not responding to HTTP requests issued by USONYX's monitoring software. USONYX's records and data shall be the basis for all service availability calculations and determinations. Scheduled maintenance shall not be deemed to be Server unavailability.

Service Availability Commitment Remedy: If USONYX determines in its reasonable commercial judgment that Customer's Server was unavailable for one or more (but fewer than four) consecutive hours during a calendar month, USONYX, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one day's service for that server. Or if USONYX so determines that the Server was unavailable for four (4) or more consecutive hours during any calendar month, USONYX, upon Customer's request, will credit Customer's account for such month for the pro-rated charges for one week's Monthly Charges for that server. Or if USONYX so determines that the Server was unavailable for eight (8) or more consecutive hours during any calendar month, USONYX, upon Customer's request, will credit Customer's account for such month for the pro-rated charges for two week's Monthly Charges for that server.Credits can be applied to service renewal and upgrade orders and cannot be exchanged for cash. Customer's account shall not be credited more than once per month under this Service Availability Commitment.

Service Install Guarantee Service Install Guarantee Scope: USONYX's Service Install Guarantee is to have installation of Customer's Server completed within 3 business days after clearing customer's payment.

Service Install Guarantee Process: These dates shall be counted from the date USONYX has received all of the following from Customer: Online Order, signed Service Agreement, completed online Customer Information Form, full service prepayment, and (if requested by USONYX) completed credit card authorization form. The service is deemed to be installed when USONYX is prepared to provide to Customer password and login information, enabling installation of Customer's data files on the designated server. The Server Install Guarantee is not available if installation delay is attributable due to incomplete documentation forms, customer's details, acts or omissions of Customer, its employees or agents, Customer or Reseller not passing USONYX's full service prepayment, or reasons of Force Majeure.

Service Install Guarantee Remedy: Upon receiving from USONYX notice that USONYX is prepared to provide Customer with password and login information for Customer's server, Customer shall have ten (10) days within which to contact Technical Support engineer if Customer believes USONYX has failed to meet the Server Install Guarantee. If Customer contacts USONYX within such ten (10) day period and if USONYX determines in its reasonable commercial judgment that USONYX has failed to meet this Server Install Guarantee, Customer's account shall be credited 50% of USONYX's standard Setup Fee for the server with respect to which this Guarantee has not been met.

These Guarantees shall not apply in the following circumstances:
(i) the Service is disconnected or reconnected due to the non-payment or violation by the Customer of any of the terms and conditions of the Service Agreement;
(ii) where the Service is interrupted or disconnected ("Scheduled downtime") for the purpose of scheduled maintenance work by USONYX or the Internet Service Providers (ISPs) involved;
(iii) where there is Service degradation instead of an outage;
(iv) if Outage is caused by any of the applications of the Customer failing to work or affecting Customer's server operation;
(v) if Outage is caused or arises as a result of causes beyond USONYX's control including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts of omission of any person for whom USONYX is not responsible or any causes whether or not similar outside USONYX's control.

Fair Traffic Use Policy
For web hosting services with un-metered monthly traffic usage benefits, your usage should not be:
(a) Excessive: downloading or uploading more than the table stipulated below each month inclusive of incoming and outgoing web, email and other data traffic as recommended at the table below; or
(b) Unreasonable: use which may adversely affect our network, or other customers’ use of our network and/or services; or
(c) Fraudulent

Amendments: Notwithstanding anything provided herein, USONYX shall be entitled to add, delete, alter, amend the terms herein and/or withdraw any of the benefits and privileges provided hereunder and such additions, deletions, alterations, amendments and/or withdrawal of the benefits and privileges shall bind the Customer and take effect on the expiry of thirty (30) days from the date of written notice by USONYX to the Customer.

Subject to the express provisions of this Agreement, all other conditions warranty terms and undertakings express or implied statutory or otherwise in respect of the Service are hereby excluded.