Winner's Peak understands the importance of network
availability to our customers. Thus we are making commitments to our customers
in the form of a Web and Email Hosting Service Level Agreement (SLA). We have
developed the following SLA to ensure maximum performance and uptime.
A. Network Uptime
Winner's Peak guarantees that the network will be available 99.5% of the time in a
given month, excluding scheduled maintenance. If Network Availability does not
meet our 99.5% uptime guarantee, credits will be made available to each Customer
on a case by case basis, not to exceed 50% of their base monthly fee. Network
uptime includes all network infrastructure including routers and switches but
does not include services or third-party software running on the Customer's
server. Network downtime exists when a particular customer is unable to send or
receive data from a server and such failure has been clearly and fully
communicated to our Technical Support Team up until the server is able to send
and receive data again, as confirmed by Winner's Peak's own monitoring systems.
B. Email Hosting
Winner's Peak guarantees that the email hosting services will be available 99.5%
of the time in a given month, excluding scheduled maintenance. If Network
Availability does not meet our 99.5% uptime guarantee, credits will be made
available to each Customer on a case by case basis, not to exceed 50% of their
base monthly fee.
In addition, Winner's Peak has built a fail-over system/redundancy into its mail
servers with the addition of an external mail server (outside of it’s primarily
network) to store and queue incoming/outgoing mail from our Customers in the
event of a connectivity/email outage. During such an event, as soon as email
services have been properly restored, the queued messages will immediately be
delivered to their respective Customer mailboxes. Again, network downtime exists
when a particular customer is unable to send or receive data from a server and
such failure has been clearly and fully communicated to our Technical Support
Team up until the server is able to send and receive data again, as confirmed by
Winner's Peak's own monitoring systems.
IMPORTANT NOTE: Email is backed-up on a daily basis. ONLY mailbox owners
who choose to LEAVE email in their mailboxes will be backed-up. Winner's Peak
Customer email aliases which FORWARD to personal and/or work-related email
addresses cannot and WILL NOT be backed-up. Any account that ignores
Winner's Peak's NO SPAM TOLERANCE policy and sends SPAM anyway will be immediately
1) This SLA does not apply to delinquent customers.
2) Scheduled maintenance.
3) Outages between Winner's Peak's Internet Connectivity Provider and our
internal web servers.
4) Any networks or network equipment not owned or controlled by
5) Circumstances beyond reasonable control, including, without
limitation, natural acts of God, acts of any governmental body, war,
insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability of
or interruption or delay in telecommunications or third party services, virus
attacks or hackers, failure of third party software (including, without
limitation, e-commerce software, payment gateways, chat, statistics or free
scripts) or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of this SLA.
6) Customer's acts or omissions (or acts or omissions of others engaged
or authorized by customer), including, without limitation, custom scripting or
coding (e.g., CGI, Perl, HTML, ASP, etc.) and also including unauthorized,
unlawful email practices such as SPAM (see Article 3a).
7) Any negligence, willful misconduct, or use of the Services in breach
of Winner's Peak's Terms and Conditions; by user or other users.
8) DNS (Domain Name Server) issues with Winner's Peak's DNS Management
Provider (dns.widge.net) outside the direct control of Winner's Peak.
9) False outages reported as a result of any Winner's Peak measurement
system problems or errors.
In order to receive credit, the Customer must submit a
detailed email describing the outage within three (3)
days of the incident. The date and approximate time must
be included in the email. If Winner's Peak confirms the
outage, a credit will be applied within two (2) business
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