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Network Gate and iTTuva Compute SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Included Products and Services , or any other performance issues affecting the Included Products and Services: (i) that result from a suspension described in Section 6.1 of the Network Gate SLA Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Included Products and Services; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) 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); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the Network Gate Agreement; or (vii) arising from our suspension and termination of your right to use the Included Products and Services in accordance with the Network Gate Agreement (collectively, the “Network Gate Compute SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
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