Service Level Agreement

Uptime Guarantee: HeirChex strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by HeirChex monitoring systems. If HeirChex fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits may be made available to each client, upon request, on a case by case basis.

HeirChex will not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, HeirChex may offer full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the HeirChex 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" (i.e. 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 (i.e. Verizon™ cutting a fiber line somewhere)
• Backbone peering point issues (i.e. UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• DNS issues not within the direct control of HeirChex
• Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of HeirChex service(s) in breach of Terms of Service Policy, by Client or others authorized (or not authorized) by Client.
• Unauthorized usage that may cause DOS (delay of service), or other attacks on the server that cause service failures or delays. HeirChex will attempt to correct any problem as soon as it arises but cannot be held accountable for unauthorized use.

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

Credits:
Credit requests must be made on the HeirChex web site, by using the Support Desk or emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Each request in connection with network/server outages/downtime must be received by HeirChex 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 HeirChex within five days after the end of such month. The total amount credited to a Client for HeirChex not meeting SLA service levels will not exceed the service fees paid by member to HeirChex for such services for the period in question. Each validly requested credit will be applied to a Member account within 30 days after HeirChex receipt of such request. Credits are exclusive of any applicable taxes charged to Member or collected by HeirChex and upon approval at the sole discretion of HeirChex.

Account cancellations:
Your Member account can be cancelled ONLY by submitting a Support Desk ticket found at http://www.heirchex.com. Other methods of cancellation are not valid. Once the request is submitted, account will be cancelled on the anniversary date of the member account. There are no “partial month” refunds. Member accounts not cancelled within 3 business days of anniversary date may not be cancelled and may be subject to another membership month and fees. Waivers may be done at the sole discretion of HeirChex.

Account cancellations Fees:
While there are technically no "fees" for canceling, there may be charges related to discounts for longer membership packages. For instance, purchasing a 12 month membership package may offer a total savings over only purchasing a 6 or 1 month membership. Canceling with more that 90 days from a yearly membership (or 60 from a 6 month membership) would cause you to be responsible for the monthly rate for the amount of time you used the service rounded to the next anniversary date. Whatever is left would be prorated as a refund which shall be mailed within 30 days of cancellation. The refund may include but is not limited to an HeirChex company check, money order, or Paypal payment.
General:
HeirChex reserves the right to change or modify this SLA to benefit the Member, and will post changes to location currently housing this TOS (Terms of Service) at time of modification, which will be made available to Member through a constant site link. Except as set forth in this TOS, HeirChex makes no claims regarding the availability or performance of the HeirChex servers. Specific terms/points of this TOS may be adjusted on a case by case basis.