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 Service Level Agreement (SLA)

LesProjets.com is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement SLA which provides certain rights and remedies regarding the performance of the LesProjets.com network. The LesProjets.com SLA guarantees our network/equipment reliability and performance. This SLA applies to customers of LesProjets.com's web hosting and domain name services. All inquires to: support@lesprojets.com
Please read this agreement in its entirety. All users of our services will be bound by this agreement at the time of signing up for our services.
This LESPROJETS.COM Service Agreement (the "Agreement") governs the terms of the use by the Client of services offered by LESPROJETS.COM. The Client agrees to receive access to the hosting and domain name services according to the following terms and conditions:
1. Selection of Services. The Client will select hosting services offered by LESPROJETS.COM to create the services bundle for himself, and agree to receive services according to the services selected, and agrees to pay for the services provided below.
2 Payment for Services. The Client will pay for services provided under this Agreement by credit card. Credit card processing services are provided by Paypal (http://www.paypal.com). When initiating service, the Client will be charged for the published fee for the created service bundle on a per annum (12 month) basis or monthly basis. The Client's credit card will be charged for the services according to LESPROJETS.COM's published schedule on the nearest business day as the first service was initiated. If this Agreement is terminated before the 30 day guarantee period, the Client will be refunded the full amount less the credit card transaction fees. LESPROJETS.COM shall start the rendering services only when the Client has paid the fees in full. The fees will be automatically charged each month or on the annual due date unless the account is cancelled by filling out the cancellation form here: http://www.lesprojets.com/cancel.htm
2.1 If payment is not made within five days past the annual or monthly due date, LESPROJETS.COM will suspend services.
2.2 LESPROJETS.COM will promptly inform the Client by E-mail about the inability to charge his credit card.
2.3 If services are discontinued, LESPROJETS.COM will send E-mal instructions to the client regarding resumption of service.
3.1. Terms and validity of the Agreement. This Agreement is valid until it is terminated. The Client or LESPROJETS.COM may terminate the Agreement, but all payments received will be forfeited after the 30 day guarantee period.
3.2. LESPROJETS.COM can change the terms of the Agreement at any time after giving the Client thirty days notice by E-mail. If the Client does not accept the revised terms, he may terminate the agreement at any time. Your continued usage of LESPROJETS.COM services constitutes acceptance of the revised terms.
3.3. LESPROJETS.COM can assign its rights and obligations to third parties ten days after giving the Client E-mail notification.
3.4. The Client has only the right to resell the services provided by LESPROJETS.COM without passing the rights and obligations according this Agreement. The amenability before third parties according to the resale of the services belongs only to the Client.
4. Compliance with Law. The Client will use the services offered by LESPROJETS.COM in a manner consistent with all applicable Client's local, state, provincial, federal and international laws.

5. Prohibition of Certain Publications and Activities
5.1. Prohibition of Publication of Certain Material. The Client shall not knowingly or unknowingly submit to LESPROJETS.COM for publication any material which would (including pictures, links, or any other content):
a) violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute;
b) contain any material that is: unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. LESPROJETS.COM does not screen in advance Client's material submitted to LESPROJETS.COM for publication. LESPROJETS.COM's publication of the material submitted by the Client does not create any express or implied approval by LESPROJETS.COM of such material, nor does it indicate that such material complies with the terms of this Agreement.


5.2. Prohibition of Certain Activities. The Client shall not:
a) send unsolicited commercial messages or communications in any form ("SPAM");
b) send or post harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
c) intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
d) assist or permit any persons in engaging in any of the activities described above. If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately.
5.3. Complaint Process. LESPROJETS.COM sometimes receives (at support@LesProjets.com) written complaints from third parties regarding Prohibited Activities allegedly being conducted by the Client. LESPROJETS.COM will take the following actions to resolve each Complaint received by LESPROJETS.COM:
First Warning. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by the Client, LESPROJETS.COM will e-mail the "First Warning" to the Client so that the Client can identify and remedy the Prohibited Activity.
Second Warning. Upon receipt of a second complaint related to the same or similar Prohibited Activity of the Client, LESPROJETS.COM will e-mail the "Second Warning" to the Client and request that the Client responds with an explanation and timeline of the actions to be taken by the Client to remedy Prohibited Activity. In the event that the Client does not respond to LESPROJETS.COM e-mail and remedy the Prohibited Activity within ten (10) business days, LESPROJETS.COM will bill the Client $100 penalty in the following month
Third Warning. Upon receipt of a third complaint after the date of the Second Warning related to the same or similar Prohibited Activity of the Client, LESPROJETS.COM will e-mail the "Third Warning" to the Client and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, LESPROJETS.COM will remove Client's account and will only resume providing service when it receives adequate assurances that such activity will not continue. LESPROJETS.COM will bill the Client a $250 penalty.

6. DISCLAIMER OF WARRANTIES. LESPROJETS.COM'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. LESPROJETS.COM SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITEED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL LESPROJETS.COM BE LIABLE TO THE CLIENT FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF LESPROJETS.COM'S'SERVICES, EVEN IF LESPROJETS.COM HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF LESPROJETS.COM'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, LESPROJETS.COM SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO LESPROJETS.COM FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
7. Limitation/Disclaimer of Liability. LESPROJETS.COM is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. LESPROJETS.COM does not represent or warrant to the Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall LESPROJETS.COM be liable to the Client for any damages resulting from or related to any failure or delay of LESPROJETS.COM to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond LESPROJETS.COM's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
8. Indemnity. The Client agrees to defend, indemnify and hold LESPROJETS.COM harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by LESPROJETS.COM to the Client under this Agreement, including without any limitation of the claims made by the third parties (including the customers of the Client) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the Client for publication by LESPROJETS.COM, but excluding those related to the negligence of LESPROJETS.COM.
9. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
10. Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by LESPROJETS.COM to the Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then LESPROJETS.COM may pass the direct amount of such cost on to the Client, and He shall promptly pay such cost.
11. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
12. Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
13. IP Addresses. LESPROJETS.COM maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
14. Money back guarantee. Each of LESPROJETS.COM user accounts carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount, excluding any credit card fees, domain registration fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For Web hosting contracts the full contract amount less any credit card fees, domain registration fees and overages will be refunded if LESPROJETS.COM is notified within the first 30 days following activation. No refund is available after the 30th day.
15. Changes: LESPROJETS.COM may, with 30 days written notice by E-mail, amend the rates and or charges for any future server usage and/or services
Uptime Guarantee:

LesProjets.com strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by LesProjets.com monitoring systems or LesProjets.com authorized/contracted outside monitoring services. If LesProjets.com fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. LesProjets.com does not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, LesProjets.com may distribute full month credits, but this is dealt with on a case by case basis.
Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the LesProjets.com network caused by or associated with:

  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
  • Telco Failure (ie...a Telecom Company cutting a fiber line somewhere)
  • Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
  • Scheduled maintenance for hardware/software upgrades
  • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided).
  • Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
  • DNS issues not within the direct control of LesProjets.com
  • Network floods, hacks, attacks from outside parties or individuals
  • Failure or error of any LesProjets.com monitoring or measurement system
  • Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of LesProjets.com service(s) in breach of LesProjets.com Policy and Service Guidelines, by Client or others authorized by Client.
Connectivity:

LesProjets.com's goal is to make the LesProjets.com network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a LesProjets.com service failure for more than 15 consecutive minutes, excluding service failures relating to LesProjets.com's scheduled maintenance and upgrades. The LesProjets.com network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. LesProjets.com's goal is to keep Average Round-Trip Latency on the LesProjets.com network to 85 milliseconds or less. LesProjets.com defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the LesProjets.com network and major US backbone peering points during such month, as measured by LesProjets.com. LesProjets.com's goal is to keep Average Packet Loss on the LesProjets.com network to 1% or less. LesProjets.com defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the LesProjets.com network during such month that are not successfully delivered, as measured by LesProjets.com
Measurement:

LesProjets.com will periodically (on average every 20 minutes) monitor LesProjets.com network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the LesProjets.com network but not other networks to which Client may connect. LesProjets.com reserves the right to periodically change the measurement points and methodologies it uses without notice to Client
Hardware Failure:

LesProjets.com stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. LesProjets.com utilizes only name brand hardware of the highest quality and performance. LesProjets.com will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current LesProjets.com contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. LesProjets.com will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades
Credits:

Credit requests must be made on the LesProjets.com web site, by filling out the "Service Level Agreement SLA Request" form at http://www.lesprojets.com/credit.htm. Each request in connection with network/server outages/downtime must be received by LesProjets.com within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by LesProjets.com within five days after the end of such month. The total amount credited to a Client for LesProjets.com not meeting SLA service levels will not exceed the service fees paid by Client LesProjets.com for such services for the period in question. Each validly requested credit will be applied to the Clients Paypal account within 30 days after LesProjets.com's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by LesProjets.com. Upon Client's request (in accordance with the procedure set forth below), LesProjets.com will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to LesProjets.com and confirmed by LesProjets.com's measurement reporting. Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the LesProjets.com network for a calendar month exceeds 85 milliseconds, then upon Client's request, LesProjets.com will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, LesProjets.com will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month
Account cancellations:

Your account can be cancelled ONLY by submitting a request from the cancellation form found at: http://www.lesprojets.com/cancel.htm Other methods of cancellation are not valid. Once the form is submitted, the account will be cancelled within 24 hours
General:

LesProjets.com's reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, LesProjets.com makes no claims regarding the availability or performance of the LesProjets.com network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability
Contact:

For All inquires please contact: support@lesprojets.com
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