(Updated: Jan 31, 2019.) This SLA amends this web hosting ("Agreement") is made and entered into by and  between 5EI LLC ("5EI") and  ('the "Client") (individually "Party" and collectively with 5EI the "Parties") and addresses the uptime guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion; the current version may be found at https://www.5ei.com/legal/sla/.

5EI's Standard Terms and Conditions set out to this Web Hosting Agreement ("Agreement") as well as the web hosting Service Level Agreement (SLA), Term of Service (TOS) and Acceptable Use Policy (AUP) located at https://www.5ei.com/legal are incorporated into this Agreement.

1. PUBLIC SAAS CLOUD HOSTS AND CLOUD IAAS VENDORS RISK ACCEPTANCE

Both parties understand that 5EI utilizes various (Third-Party 'Vendors'); Software as a Service (SaaS) web host vendors for some or all aspects of web hosting and Infrastructure as a Service (IaaS) “Cloud” vendors for some or all aspects of computing, digital storage, and network services used in the course of delivering the 5EI service to the client.  SaaS cloud host Vendors may include but are not limited to WPEngine, Kinsta, Liquidweb, Rackspace, Pagely and/or other third party SaaS cloud host Vendors chosen by 5EI.  IAAS Vendors may include but are not limited to Amazon Web Services (https://aws.amazon.com/), Google Cloud, Microsoft Azure and/or other public cloud vendors chosen by third party vendors.

Parties agree that the use of Third-Party cloud SaaS web host and cloud IaaS vendors has inherent and implied risks of disruptions in availability, performance, uptime and other aspects of use including but not limited to potential data loss, security issues, and government agency monitoring or interference whether known or unknown. Accepted industry best practices in systems architecture design, information security, and business process have been employed by vendors as is commercially feasible to mitigate the possible effects these disruptions may have on our service and our clients use thereof. No guarantee, SLA, warranty, or assurance is offered or implied by vendors as it may relate to those events that are or may be reasonably determined outside of vendors influence or control. The client recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of 5EI and vendors. This SLA and the 100% Service Availability Commitment cover the provision of access by vendors to the global internet “cloud”. Routing anomalies, asymmetries, inconsistencies and failures of the Internet or IaaS vendor outside of the control of vendors can and will occur and such instances shall not be considered any failure of the 100% Service Availability Commitment.

2. CLIENT WEBSITE VS. OUR SERVICE

Client's WordPress website is unique to the client. Client's chosen framework, themes, plugins, and made any manner of customization to it. Client's audience is also unique to the client's site. Client's website visitors may purchase goods, fill-out forms, download files, browse articles, or vote in an online poll. These choices and decisions are all factors that influence how the client's site may perform: Random site A may easily handle millions of page views, while Random site B may barely handle 10 visitors concurrently before suffering performance problems. Each site will perform differently under identical hosting plans.

There are some cases where our service would be to blame though: we misconfigured something, our automation failed, or there is a bug in our code. This distinction between your site and our service is important to understand in the context of an SLA.

We will do everything we can to help you succeed, respond to issues that may arise in a prompt and professional manner, and offer guidance and advice on best practices as it pertains to WordPress performance and security.

3. SERVICE AVAILABILITY

5EI's vendors will make the Services available 99.95% of the time, excluding any Excused Downtime. In a given calendar month, we calculate “Service Availability” as follows: Service Availability  =(total minutes Services are available) x 100(total minutes in the month) – (Excused Downtime)

4. EXCUSED DOWNTIME

“Excused Downtime” means the length of time the Services are unavailable due to:

1. Scheduled Maintenance;
2. Emergency Maintenance;
3. Beta Services;
4. Force Majeure events; and
5. 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, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds 5EI’s recommendations or advertised limits.

“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.

“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.

5. 5EI WEB MAINTENANCE

5EI offers "Web Maintenance" plans which is not included in the "Web Hosting" plans.