Customers, who will be referred to from this point forward as “Clients,” have the right to expect a certain level of service from MissYano, who is committed to delivering exceptional service to each and every Client. It is not MissYano’s responsibility to inform Clients about the Service Level Agreement (SLA), as it is the responsibility of the Client to be aware of the Service Level Agreement (SLA). The Service Level Agreement that is included in this agreement is only valid for those services that are managed by MissYano. It does not apply to any previous hosting services provided by third parties or to any other third-party licensed products that are outside of MissYano’s control.

Customer Service / Support

The following is required in order to apply for Client support with maintenance subscription plan:

  1. Client is responsible to back up the data and contact MissYano to take the appropriate measures if hosting service was not purchased from MissYano.
  2. Client shall provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction via opening a case in the Ticketing System. However, at MissYano’s sole discretion, MissYano may help to open a case for Client, and Client will provide all information required in the preceding sentence to the support representative.
  3. Client must provide MissYano with accurate and complete designated points of contact, using a web form provided by MissYano.
  4. Client must provide MissYano with accurate passwords for access.
  5. Delays or failures caused by Client’s failure to abide by the requirements listed in this clause do not constitute Failures.
  6. Support does not covers if Client’s account is under free trial, cancelled, past due, suspended, or pending suspension. Requesting for support under these circumstances will be charged by hourly rate.

Maintenance

Type of maintenance: Preventive. Which involves performing updates in order to lower the likelihood of a plugin, software, or application failing to function properly. It is the Client’s responsibility to perform maintenance for as long as they have a need for the existing components to function. The purpose of maintenance is to ensure that existing elements remain in good condition. During maintenance, Client should not make any changes.

Maintenance does not cover the following:

  1. Creating new graphics, not unless it is included in the maintenance plan.
  2. Adding custom coding onto plugin/theme default settings.
  3. Database design or programming related. 
  4. Search engine optimization or other online digital marketing.
  5. Fixing issues arise from client makes unapproved alterations.
  6. Fixing problems that are caused by other users besides MissYano.
  7. Fixing issues from clients’ refusal to adhere to the instructions that MissYano have provided them with. 
  8. Making any additional changes based on changes made by theme or plugin developers.
  9. Fixing issues that have arisen as a result of server upgrades and maintenance.

Exceptions

The following points described below do not constitute FAILURES:

  1. Downtime during scheduled maintenance or Emergency Maintenance. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe service degradation, as designated by MissYano at its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. MissYano will exercise reasonable efforts to inform Client in advance before interrupting the service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute FAILURE.
  2. Outages and errors caused by acts or omissions of Client, including by any use, applications, softwares, equipment, or facilities, or by user of the service authorised by Client.
  3. Outages caused by Client refusal to adhere to the recommended procedure or process by MissYano.
  4. Outages caused by hackers, sabotage, viruses, worms, or other third-party malware and wrongful actions.
  5. Outages resulting from DNS issues, internet anomalies, fires, explosions, or force majeure outside of MissYano control.

SLA Revisions

This SLA will be in effect indefinitely but may be superseded by a revised SLA, at the discretion of MissYano, at any time. Client is responsible for awareness of such revisions. In the event of any conflict between the SLA and Terms and Conditions, the Terms and Conditions will govern.

Termination Of Contract

Client may terminate their service with MissYano, in the event that MissYano awards (60) sixty or more days of total credits during any single contract year, provided (3) three or more separate instances of FAILURE occurred during such year. However, Client may not seek refund or any other type of compensation, as it has already been covered by the credits. For purposes of this clause, a contract year is the 12-month period beginning on first day MissYano provides Service.