Layerbay, LLC. agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”).  Layerbay, LLC., the company here after referred to as, (“Layerbay “), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”). Use of Layerbay Service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”). All provisions of this agreement are subject to change from time to time at the discretion of Layerbay. Subscriber understands that change to the SLA by Layerbay shall not be grounds for early contract termination or non-payment.

1. Network

(“Network”) is defined as all equipment, software and facilities within Layerbay’s infrastructure, which includes Layerbay’s contracted and leased services outsourced from its providers, which Layerbay utilizes to provide its web hosting services.

     1.1 Service Availability

(“Service Availability”) refers to the total time in a given calendar month that Layerbay’s infrastructure/network is available throughout the internet, provided that the client and its users have established internet connectivity. Layerbay takes responsibility for the service availability within its own infrastructure, and what it has control over, however cannot be held liable for issues directly related to external providers, which include bandwidth, software or hardware.

     1.2 Service Downtime

(“Service Downtime)” is defined as any unplanned interruption in service availability during which the client is unable to access the rented services as described in preceding section 1.1. Provided that the downtime has been confirmed to have been a result of the fault of an issue within the Layerbay infrastructure as confirmed by itself, Layerbay will measure the total length of time of the unplanned service downtime during a calendar month for affected clients.

     1.3 Scheduled Service Downtime

(“Scheduled Service Downtime”) is defined as scheduled interruption of service. Scheduled downtime takes place during a Layerbay defined maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication (email). Layerbay agrees to schedule its maintenance procedures to take place during times at which clients will be least affected, and to expedite the procedures to reduce downtime incurred.

     1.4 Credit

(“Credit”) is defined as the amount credited to a client when 100% service uptime is not met. Layerbay will credit the customer 10x the downtime calculated from the monthly rate. Credit, is issued entirely at the discretion of Layerbay and is only applicable should the service downtime be a result of a direct fault of Layerbay. Service credit is NOT applicable in the case of any sort of service attack (DDoS), hardware failure, software failure, or a failure/issue induced by the client themselves.

2. Support Services

(“Support Services”) are defined as the services provided by Layerbay to assist clients with the management and utilization of the rented services which Layerbay provides to its clients. Layerbay agrees that its team and representatives will do its absolute best to assist with any matter involving a direct fault of an item within Layerbay’s infrastructure; this includes web control panel configurations. Layerbay cannot guarantee that it will be able to assist in any matter directly related to the software in which it is hosting for its clients, nor anything which its clients add on or change themselves. Any support offered past what involves issues directed at Layerbay’s infrastructure is provided entirely under the discretion of Layerbay itself.

Generally, this applies to issues with modified/third party content which clients tend to add onto their rented services.