The following Service Level Agreement (also called “SLA” or simply “Agreement”) applies to all services provided by DIGITALWY LLC (“DIGITALWY”, “we”, “us”) to its clients (“Clients”, “Users”, “You”). With the purchase of every web hosting or additional services offered by DIGITALWY you specifically agree to this SLA and ToS.

DEDICATED SERVER DEPLOYMENT:

THE TIMELINES ARE INDICATED ON THE ORDER PAGE OF THE WEBSITE https://sdviewer.com OR COULD BE SEPARATELY AGREED UPON BETWEEN DIGITALWY AND THE CLIENT IN THEIR RESPECTIVE CORRESPONDENCE (INCLUDING VIA EMAIL), WHICH TAKES PRECEDENCE. FOR CUSTOMIZED DEDICATED SERVERS, DEFINED AS SERVERS THAT WE DO NOT CURRENTLY HAVE IN STOCK OR THOSE THAT REQUIRE HARDWARE UPGRADES OR PHYSICAL CHANGES TO MEET CLIENT NEEDS, THE SERVER PREPARATION TIME IS NOT DEFINED. HOWEVER, YOU WILL BE INFORMED ABOUT THE ESTIMATED SERVER PREPARATION TIME BEFORE WE PROCESS YOUR ORDER. IF DIGITALWY DELAYS THE ORDER, IT MAY RESULT IN A REFUND OF FUNDS AT THE DISCRETION OF THE CLIENT.

HARDWARE REPLACEMENT:

IN THE EVENT OF A COMPLETE LACK OF SERVICES, TROUBLESHOOTING SHOULD NOT EXCEED 2 HOURS FROM THE MOMENT THE DIGITALWY’S TEAM BECOMES AWARE OF THE ISSUE. THE REPLACEMENT SHOULD BE COMPLETED WITHIN 12 HOURS OF THE COMPLETION OF TROUBLESHOOTING.
IN THE EVENT OF A PARTIAL LACK OF SERVICES, WHEREIN THE SERVICES OPERATE WITH INTERRUPTIONS, TROUBLESHOOTING SHALL PROCEED AS NECESSARY WITHOUT A DEFINED TIMEFRAME. UPON DETERMINING THE CAUSE, WE RESERVE THE RIGHT TO UNILATERALLY DECIDE ON REPLACEMENT AND ESTABLISH THE REPLACEMENT TIMEFRAME, OR ALTERNATIVELY, REACH AN AGREEMENT WITH THE CLIENT. WE SHALL REPLACE THE HARDWARE WITH THE SAME OR BETTER UNLESS OTHERWISE AGREED UPON INDIVIDUALLY WITH THE CLIENT.

NETWORK AND POWER UPTIME:

DIGITALWY hereby guarantees an annual network and power uptime (hereinafter referred to as “uptime”) of 99.9%, excluding scheduled maintenance periods. Downtime resulting from actions taken by the Client or its end-users or Distributed Denial of Service (DDoS) attacks, even if the Client has purchased DDoS protection services, shall not be included in the calculation of uptime.

Exceeding Downtime Allowance: Should network or power downtime exceed 3 hours annually, the Client may choose to request compensation or terminate the Services. In the event of downtime exceeding 3 hours annually and upon the Client's request for compensation, DIGITALWY shall refund the Client for the affected period as follows: DIGITALWY shall not be liable for downtime exceeding the monthly service fee. If the Client has prepaid for services beyond one month, the compensation shall be prorated on a monthly basis.

Unscheduled Maintenance: Unscheduled maintenance may be conducted by DIGITALWY to ensure network and power reliability and security. DIGITALWY shall endeavor to minimize downtime during unscheduled maintenance; however, downtime resulting from unscheduled maintenance shall not be included in the calculation of uptime. “Downtime” refers to a period of time that a system fails to provide or perform its primary function. Downtime is measured based on server-side error rate.

CLIENT’S SUPPORT:

Live Operator Response Time: DIGITALWY guarantees that a live operator will be available for assistance within 15 minutes of receiving the request.

Technical and Non-Technical Tickets: Technical and non-technical tickets are handled separately. Only Clients, as defined in the Terms of Service (ToS), are eligible for any kind of support provided by DIGITALWY.

Tickets Response Time: Technical tickets reporting server-related issues and is explicitly stated as “urgent” by you in communication with DIGITALWY support team, will be treated as major service incident, i.e. will be treated as highest priority issue, assigned a designated specialist responsible for resolution, reported to DIGITALWY management, investigated and resolved according to our incident management procedure. Major service incident tickets will not be closed without review and explicit acceptance of resolution from you.
All other tickets, including technical issues that do not require immediate actions, will receive a response within 2 (two) business days after being received from the Client and forwarded to our technical support team.

Exclusion of Unregistered Requests: Requests from individuals who are not Clients, as defined in the ToS, are not eligible for this response time guarantee.

Billing Team Response Time: DIGITALWY guarantees a billing team response time of up to 2 (two) business days. No action will be taken to terminate services for non-payment until a response is received from the billing department, starting from the moment the ticket is received from the Client.

Please note: This response time guarantee does not apply to requests outside the scope of technical support, such as general inquiries or sales-related questions. Additionally, DIGITALWY reserves the right to prioritize support requests based on severity and impact on services.

Technical Live Support: availability: DIGITALWY offers 24/7 technical live support to its Clients. While we strive to resolve issues promptly, we do not guarantee immediate issue resolution. Technical live support may assist in addressing straightforward inquiries or provide consultation. This clause outlines that technical live support is available around the clock but does not guarantee immediate issue resolution. It clarifies that support may involve addressing simple inquiries or providing consultation.

The client agrees that by submitting a case to our technical support team, they fully authorize the intervention, operation and management of our technical support team on the entire Client’s account. We will do our best to fit the timeframe for any case resolution expected by the Client, however, we are not obligated to achieve case resolution nor any particular outcome or result. DIGITALWY reserves the right to refuse technical support service to our Clients only after specifically specifying the reason behind that outcome.

The Clients agree that any technical support service listed on our website or mentioned anywhere may not be successful and the submitted issue might remain unresolved. Furthermore, the Client agrees that the technical support service might not be provided at all in case the support request/issue is not financially, technically or physically in the capabilities of DIGITALWY.

Software Configuration Policy:

DIGITALWY does not provide software configuration services as part of its standard offerings. Requests for software configuration are evaluated based on their relevance to the standard operation of services provided by DIGITALWY. Only requests pertaining to the standard operation of services will be considered for review. Requests for specific or non-standard software configuration will not be entertained as part of our standard service offerings.

Exceptional Cases: Specialized software configuration services may be provided under separately agreed terms and conditions. Such specialized services will be subject to separate agreements and may involve additional charges.

DIGITALWY SLA EXCLUSIONS:

The service commitment does not apply to any unavailability, suspension or termination of the DIGITALWY or any other DIGITALWY performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of DIGITALWY; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any maintenance as provided for pursuant to the Agreement; or (vii) arising from our suspension and termination of your right to use DIGITALWY in accordance with the DIGITALWY ToS; (ix) that result from your fail to pay fees due (collectively, the “DIGITALWY SLA Exclusions”).

DIGITALWY does not hold any liability in case any of the offered Services are unavailable due to factors not related to the company, caused by any third-party services used as part of any Services that we offer or any planned by the company maintenance windows. In case there is such downtime:

• The associated period of service unavailability shall not be considered as Service Downtime.

• The client is not entitled to receiving compensation in the form of credits.

Typically, such outages are caused by:

• A scheduled or planned maintenance on the infrastructure used by DIGITALWY, provided that DIGITALWY has informed the client of such procedure at least two (2) days prior to the maintenance date.

• Factors outside DIGITALWY’s reasonable control.

• Violation of our Terms of Service.

• Force majeure events, including but not limited to acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care.

• Downtime during the upgrade of your Cloud SSD VPS or Dedicated Server.

• Downtime caused due to reached resource capabilities.

Scheduled or Unscheduled Maintenance Windows:

Complex technologies require constant maintenance to be up to date with their latest security and performance patches. DIGITALWY may perform scheduled or unscheduled maintenance depending on the state of our web hosting infrastructure. The maintenance may include but it is not limited to:

• Hardware repairs such as component replacements, upgrade of servers and general server infrastructure maintenance.

• Software updates such as web service security and performance patches, control panel updates, operating system updates, and general service replacements.

Such procedures will be handled in a timely manner in order for the impact on the clients’ websites to be minimal.

Additional Services and Third-Party provided Services:

The web hosting services we offer may or may not include third-party software or service bundled as part of the offered web hosting packages. Typically, such services are used to improve the overall web hosting experience for our clients or to add additional functionality, feature, and security or performance improvement.

Upon purchasing a web hosting service with us the client agrees that the purchased web hosting service may or may not include or be a part of a third party provided service or software that is not maintained by DIGITALWY.

The client agrees that DIGITALWY cannot be held responsible for any service interruptions caused by such software. DIGITALWY cannot guarantee the health, development, and general availability of such services.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL DIGITALWY, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINESS, ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR OR YOUR END USERS USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF DIGITALWY, ITS EMPLOYEES, SUBCONTRACTORS, CONTRACTORS OR SUPPLIERS. THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF DIGITALWY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL DIGITALWY BE LIABLE TO YOU OR YOUR END USERS WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S) DURING THE SIX (6) MONTHS PERIOD PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY. THIS IS AN AGGREGATE LIMIT. IF UNDER THE LAW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOR PERMITTED THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. DIGITALWY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE DIGITALWY SERVICES, AND DIGITALWY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE DIGITALWY FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

Indemnification:

You agree to indemnify and hold harmless DIGITALWY, its directors, officers, affiliate, employees, agents, subsidiaries, shareholders and any third parties against and from any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against DIGITALWY arising in connection to (i) your, your End Users, employees or agents use of our services, (ii) any breach or violation by you, your End Users, employees or agents of our ToS; or (iii) any acts or omissions by you, your End Users, employees or agents (i) any personal injury or property damage in any way resulting from the acts of you, your End Users, employees or agents; (ii) any claim by a third party that the content, use and/or publication of information and communications transmitted by you, your End Users, employees or agents using the Services (“Content”) infringes upon the rights of such third party, regardless of the form of action, whether in contract, tort, warranty, or strict liability and whether in respect of copyright infringement or any manner of intellectual property claims, defamation claims, claims of publication of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material; or (viii) your, your End Users, employees or agents failure to comply with applicable data breach or data protection legislation. The terms in this section shall survive the termination of this Agreement.