Service Level Agreement

Hardware Replacement OR Upgradation

Hardware Replacement:

MagicNines Infotech Pvt Ltd guarantees that in the event of any hardware failure, the faulty hardware will be replaced within 6 hours of identifying the problem. In case this guarantee is not met, MagicNines Infotech Pvt Ltd will provide a credit of:

  • 0% of the first month's invoice amount if the time period of upgradation from being scheduled is less than 6 hours.
  • 10% of the first month's invoice amount if the time period of upgradation from being scheduled ranges between 6 to 12 hours.
  • 20% of the first month's invoice amount if the time period of upgradation from being scheduled ranges between 12 to 18 hours.
  • 30% of the first month's invoice amount if the time period of upgradation from being scheduled ranges between 18 to 24 hours.
  • 50% of the first month's invoice amount if the time of upgradation from being scheduled exceeds 24 hours.

However, this guarantee excludes the time required to perform all additional maintenance related to software, firewalls, cloning of hard drives, rebuilding web accounts using backups, load balancer(s), reloading applications, reloading the operating system, rebuilding of RAID arrays or any changes in hardware like network switches and network routers. Also, MagicNines Infotech Pvt Ltd will not be responsible for any data loss of their customers, in case of any hardware problem, system crash, and any downtime or hard disk crash. Issues of these type may take 8-10 days for running properly.

Dedicated server hardware covered under this guarantee includes processor(s), hard drive(s), RAM, network card(s), motherboard and all other hardware that is related directly to the server offered in the plan.

Hardware Upgradation:

In the event of ordering an upgrade, the upgrade will be completed within 6 hours of being scheduled. This upgradation needs to be scheduled with our support team. In the event the guarantee is not met, MagicNines Infotech Pvt Ltd will provide a credit of:

  • 0% of the first month's invoice amount if the time period of upgradation from being scheduled is less than 6 hours.
  • 10% of the first month's invoice amount if the time period of upgradation from being scheduled ranges between 6 to 12 hours.
  • 20% of the first month's invoice amount if the time period of upgradation from being scheduled ranges between 12 to 18 hours.
  • 30% of the first month's invoice amount if the time period of upgradation from being scheduled ranges between 18 to 24 hours.
  • 50% of the first month's invoice amount if the time of upgradation from being scheduled exceeds 24 hours.

However, this guarantee would be void in the rare event of hardware/software in question being unavailable in the MagicNines Infotech Pvt Ltd's inventory. The customer would be properly notified of the situation within 3 hours.

*Hardware upgradation and replacement only cover classical dedicated servers and not V-ready or Hybrid servers or Cloud VPS or any other hosting.

Network Uptime Service Level Agreement

MagicNines Infotech Pvt Ltd guarantees 99.9% network uptime to customers.

99.9% Network uptime may be defined as the availability of the network from the internet across the globe 99.9% of the time.

Network downtime may be defined as MagicNines Infotech Pvt Ltd's network unavailability (excluding maintenance period) for continuous 15 minutes of time with no internet traffic to the server as verified by the support team at MagicNines Infotech Pvt Ltd. Downtime is determined from the time when the affected customer raises a support ticket to the time MagicNines Infotech Pvt Ltd considers the problem as resolved.

In an unlikely event of downtime, MagicNines Infotech Pvt Ltd will compensate customers as given below:

  • If Network Uptime is less than 99.00%, the customer will be provided 5% of the first month's invoice amount
  • If Network Uptime is less than 98.5%, the customer will be provided 10% of the first month's invoice amount
  • If Network Uptime is less than 98.00%, the customer will be provided 15% of the first month's invoice amount
  • If Network Uptime is less than 97.50%, the customer will be provided 20% of the first month's invoice amount
  • If Network Uptime is less than 97.00%, the customer will be provided 30% of the first month's invoice amount
  • If Network Uptime is less than 96.5%, the customer will be provided 40% of the first month's invoice amount
  • If Network Uptime is less than 96.00%, the customer will be provided 50% of the first month's invoice amount
  • If Network Uptime is less than 95.50%, the customer will be provided 60% of the first month's invoice amount
  • If Network Uptime is less than 95.00%, the customer will be provided 60% of the first month's invoice amount
  • If Network Uptime is less than 94.0%, the customer will be provided 100% of the first month's invoice amount

All requests for compensation must be sent within 6 business days of the incident in question. The compensation amount will not exceed customer's first month's invoice amount. However, this SLA will not be applicable for any month in which the customer is the payment defaulter or has breached MagicNines Infotech Pvt Ltd's Terms of Service.

*Network availability will be calculated depending upon the customer's billing cycle and may be calculated differently for different customers.

Exclusions to Network SLA

There are a number of situations that are beyond MagicNines Infotech Pvt Ltd's control and are therefore not covered in this SLA. These include:

  • Software Maintenance

    In case MagicNines Infotech Pvt Ltd is managing your server, then software will be updated occasionally for addressing performance or security issues. We will ensure that you don't experience downtime during this updation process but we may not be able to guarantee this every time and for all situations.
  • Hardware Maintenance

    MagicNines Infotech Pvt Ltd will try to reduce any downtime in rare events when your dedicated server hardware needs replacement or maintenance. However, any downtime resulting from such maintenance will not be accounted for in our network SLA.
  • Network Maintenance

    MagicNines Infotech Pvt Ltd will promptly notify you of any upcoming maintenance through maintenance announcements on your member panel. However, it is the responsibility of the customer to stay updated with the latest information by continuously checking MagicNines Infotech Pvt Ltd's emails and member panel's announcement section. It is to be noted that these maintenance periods will not be covered under SLA credits.
  • Web Hosting Panel Issues

    In case you experience downtime due to automatic updation of any web hosting panel related software, then MagicNines Infotech Pvt Ltd will try to resolve it but is unable to promise a resolution time.
  • Judicial Proceedings

    If some legal action is initiated against a MagicNines Infotech Pvt Ltd customer, then MagicNines Infotech Pvt Ltd will act according to the law and this SLA will stand void in such case.
  • Malicious Attacks

    In case of any DDoS attck or third party attack against a customer's server or MagicNines Infotech Pvt Ltd's network, every possible step will be taken to counter the attack but a resolution time cannot be guaranteed in such cases.

Dedicated Server Deployment SLA

Your dedicated server will be delivered to you in a maximum of 48 to 72 hours after your payment is received successfully and your order is confirmed. Order confirmation may take time as order will only be confirmed following a number of verification processes.

Our internal standards are extremely rigid and in almost all cases we'll deliver your server much before the said period.

Furthermore, if you order a server that is currently not in stock or requires some customization that may take some time, then you'll be informed about the delivery time by our provisioning team within 24 hours and such cases will not be covered under this SLA.

Cloud VPS Deployment SLA

Your Cloud VPS will be delivered to you in a maximum of 24 hours after your payment is received successfully and your order is confirmed. Order confirmation may take time as order will only be confirmed following a number of verification processes.

Our internal standards are extremely rigid and in almost all cases we'll deliver your server with properly functioning storage, compute and hypervisor much before the said period.

Furthermore, if you order a server that is currently not in stock or requires some customization that may take some time, then you'll be informed about the delivery time by our provisioning team within 12 hours and such cases will not be covered under this SLA.

If migration of a virtual machine is needed due to degradation of host node, then you will be promptly notified before the beginning of migration, unless it is determined by reasonable judgment that migration should be done sooner so as to protect the services and data on the server.

Terms & Conditions for Public Cloud can be read here.

First Response to Customer Ticket

MagicNines Infotech Pvt Ltd guarantees that whenever you submit a ticket through our ticket system, you will get the first human, non-automated response to your Support Ticket in a maximum period of 1 hour. In case if your ticket goes 1 hour past our guarantee of initial response time then you will be eligible for a credit of 5% of your first month's invoice amount i.e. the amount of compensation will be equal to 5% of the customer's first month's amount of service.

Credit Issue Exceptions

In addition to all the points mentioned above there are certain exceptions to the eligibility of the customer to obtain credit. Credits will NOT be given in case of circumstances mentioned below:

  • The hardware failure or downtime is caused by the customer or any third party authorized by the customer to
  • The occurrence of hardware failure or downtime is because of failure of third party software, application or operating system failure.
  • If the customer's payment due date has passed at the time of occurrence of hardware failure or downtime.
  • The occurrence of hardware failure or downtime is because of maintenance.
  • The occurrence of hardware failure or downtime is because of failure of equipment, services, power, systems or facilities that are not provided, managed or owned by MagicNines Infotech Pvt Ltd.
  • The occurrence of hardware failure or downtime is because of some failure of a third party service to MagicNines Infotech Pvt Ltd.
  • The occurrence of hardware failure or downtime is because of failure of third party software, application or operating system failure.
  • The occurrence of hardware failure or downtime is because of any infrastructure or network that is not managed or owned by MagicNines Infotech Pvt Ltd.
  • The occurrence of hardware failure or downtime is because of some malicious attack like distributed denial of service attack, hacking or any other third party attack targeted at MagicNines Infotech Pvt Ltd, the network of MagicNines Infotech Pvt Ltd, or a customer of MagicNines Infotech Pvt Ltd.
  • The occurrence of hardware failure or downtime is because of any event beyond the control of MagicNines Infotech Pvt Ltd like flood, fire or any other natural calamities.

Refund Policy

www.magicnines.com may, but is under no obligation to, honor requests for refunds for the following reasons:

  • Irreparable defects with the software :
    Although all the products are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for its approval of your refund request.

  • Product not-as-described :
    A request based on this reason is addressed on a case-by-case basis and subject to our approval. To prevent this kind of claim from arising, every customer is encouraged to check thoroughly- video overviews, demo links, product samples and screen shots of each type of the product offered before making a purchase.
    Some products/services come in refund class with some time limitations, the details of which are clearly mentioned on the website.
    *The funds that are actually refunded may not be equal to the funds you requested due to one or more of the following factors:

    1. Our refund policy
    2. Foreign exchange conversion fluctuations
    3. Bank charges which may be deducted by our bank and/or yours

Terms and Conditions

  • MagicNines Infotech Pvt Ltd extends this SLA to its direct clients only. MagicNines Infotech Pvt Ltd is not liable for downtime caused by a reseller of its services.
  • MagicNines Infotech Pvt Ltd offers SLA credits for use in future billing cycles only. SLA credits are non-transferrable in any way. SLA credits may not be exchanged for currency of any kind.
  • SLA credit is calculated from the time a ticket is opened regarding the issue to the time the issue is resolved.
  • Any Customer account not in good standing on payments is not eligible for SLA credit.
  • Any Customer account which has had been out of good standing on payments 3 times or more within 12 months prior to the outage is not eligible for SLA credits.
  • Any Customer server disconnected due to violation of the AUP/TOS is not eligible for SLA credit.
  • All SLA claims must be made with the sales department, and will be issued as account credits.
  • Any Customer making false SLA credit claims may be charged a $50 administrative fee per offense.
  • All SLA claims must be made within seven days of the network downtime. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.
  • SLA credits may not exceed the full monthly amount of the server they are being applied to.
  • SLA credit claims can only be made by an authorized user on the account. All other unauthorized claims will be denied.
  • SLA credits may not be stacked, i.e. claiming SLA credit on both uplink downtime, as well as power downtime during the same incident.
  • In no way does the MagicNines Infotech Pvt Ltd SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit.
  • Any form of management by MagicNines Infotech Pvt Ltd of Customer software is not eligible to be included in the MagicNines Infotech Pvt Ltd SLA. Any form of hardware reconfiguration due to software or management of software is not eligible to be included in the MagicNines Infotech Pvt Ltd SLA.
  • Faulty hardware qualifies for the Hardware SLA only when 4 hours have passed from the time that a MagicNines Infotech Pvt Ltd Technician has officially diagnosed the problem as being caused by faulty hardware. Until diagnosis is confirmed, the Hardware SLA is inactive.
  • Hardware upgrades are eligible for the Hardware SLA only after 4 Hours from the scheduled (between Customer and support) time for repair passes. All hardware upgrades must be scheduled with support in order to be eligible for the Hardware SLA. Immediate, or "as soon as possible" hardware upgrades are not eligible for the Hardware SLA.
  • Any failure outside of the MagicNines Infotech Pvt Ltd network itself, including bandwidth carrier outages, are not eligible for SLA credit.
  • Scheduled maintenance of MagicNines Infotech Pvt Ltd network is not eligible for any form of SLA credit.
  • Acts of God, including weather, natural disaster, or any other disaster outside of the control of MagicNines Infotech Pvt Ltd are not eligible for SLA credit.
  • The MagicNines Infotech Pvt Ltd SLA is subject to change or revision without notice.

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