TheMalaysian.com (“TMDC”, “us”, “we”, or “our”) has developed this Service Level Agreement (“SLA”) document to govern TMDC’s online services (“Services”) which consist of Website Packages, Shared Hosting, Semi-Dedicated Hosting, Reseller Hosting, Dedicated Servers and Business Emails. Our SLA is incorporated into our Terms of Service (TOS) and any other contracts we have with you by this reference. Terms not defined in this SLA have the meaning given to them in your agreement with us in our Terms of Service (TOS).
We reserve the right to amend this SLA at any time. We will notify you of these changes by sending an email to your contact email address registered on file and posting a complimentary notice in our Client Area. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty. The most recent version of the SLA can be found on our website at https://www.themalaysian.com/terms-conditions
The SLA contains four sections:
A. Provisions for All Customers
B. Provisions for Shared, Semi-Dedicated and Reseller Hosting Customers Only
C. Provisions for Dedicated Servers Customers Only
D. Provisions for Business Emails Customers Only
E. Customer Responsibilities
A. Provisions for All Customers
1. Guarantee
TMDC guarantees all of our Services to have at least 98% uptime, as measured by our internal monitoring systems and excluding scheduled maintenance. In the event that we do not meet this in a given calender month, you will be eligible to claim a percentage of the affected service’s monthly fees or its monthly’s equivalent, as hosting credits, governed by the terms listed within this SLA document.
2. Claim
In order to qualify for SLA credit, a ticket must be opened to our Billing Department within 30 days of any perceived outage. The ticket must include the date, start time and end time of the perceived outage. No other form of claim will be accepted.
3. Exclusions
In order to prevent abuse of our Service Level Agreement, certain exclusions are set in place.
4. Limit of Liability
The seller will not be liable to the buyer for any direct or indirect or consequential or special loss or damage including without limitation, any loss of profits arising out of any problem the buyer notifies to the seller under this condition and the seller shall have no liability to pay any money to the buyer by way of compensation other than, where applicable, to refund to the buyer the amount paid by the buyer for the goods and/or services in question less cost of domain registration and set up as per the package purchased or subscribed to by the buyer.
Administrative Actions
- Scheduled downtime or planned maintenance
- Service disconnection as a result of billing related issues (i.e. excess usage, late payment, non payment)
- Service disconnection as a result of ToS and/or any other policy violation
User Actions
- CloudLinux throttling your website as a result of your account utilizing excessive server resource usage
- Our Server throttling your outgoing emails as a result of your account sending excessive number of emails
- Customer’s connection to the Internet or Customer’s systemsMisconfiguration of content (i.e. scripts, theme) leading to website breaking
- Participating in malicious activities, thereby causing attacks or counterattacks
Uncontrollable Events
- Natural Disasters, Terrorism, etc
- DDoS
- Attacks against the Network
B. Provisions for Shared, Semi-Dedicated and Reseller Hosting Customers Only
SLA credit for downtime will be given based on the following schedule.
| Uptime Percentage | SLA Credit |
|---|---|
| 98.0% | Guaranteed |
| 97.9% | 10% |
| 97.8% | 20% |
| 97.7% | 30% |
| 97.6% | 40% |
| 97.5% | 50% |
| 97.4% | 60% |
| 97.3% | 70% |
| 97.2% | 80% |
| 97.1% | 90% |
| <97.0% | 100% |
C. Provisions for Dedicated Servers Customers Only
1. Network and Power Availability
SLA credit for downtime due to network and power issues will be given at a rate of 5% of the affected service’s monthly fees or its monthly equivalent, up to a maximum of 100% and excluding add-ons, for every 45 minutes of downtime experienced.
2. Hardware Replacement
Hardware replacement will occur within 2 hours from your report of a problem. SLA credit for downtime due to hardware issues will be given at a rate of 5% of the affected service’s monthly fees or its monthly equivalent, up to a maximum of 100% and excluding add-ons, for every additional hour of downtime experienced.
D. Provisions for Business Emails Customers Only
Apart from the exclusions listed above, TMDC and its vendors may also perform unscheduled emergency maintenance to address new security threats or non-routine events. Delays that may occur while the Business Emails service makes planned transitions between redundant system elements is considered maintenance.
SLA credit for downtime will be given based on the following schedule.
| Uptime Percentage | SLA Credit |
|---|---|
| 98.0% | Guaranteed |
| 97.9% | 10% |
| 97.8% | 20% |
| 97.7% | 30% |
| 97.6% | 40% |
| 97.5% | 50% |
| 97.4% | 60% |
| 97.3% | 70% |
| 97.2% | 80% |
| 97.1% | 90% |
| <97.0% | 100% |
E. Customer Responsibilities
The Customer agrees to the following responsibilities as part of the services provided by TMDC:
Account Security
The Customer is solely responsible for maintaining reasonable security precautions for their hosting and website accounts. This includes safeguarding passwords, updating login credentials regularly, and ensuring that access to the account is restricted to authorized personnel only.
Software Maintenance
The Customer is responsible for the maintenance and timely updating of all Customer-installed software, including but not limited to content management systems (e.g., WordPress), themes, and plugins. Failure to apply updates and patches in a timely manner may result in security vulnerabilities and performance issues for which TMDC shall bear no responsibility.
Data Integrity and Backups
Unless otherwise specified in a separate backup agreement, the Customer is responsible for maintaining current and complete backups of all website files, databases, content and emails. The Company is not liable for data loss resulting from the Customer’s failure to back up their content appropriately.
Compliance with Acceptable Use Policies
The Customer must comply with TMDC’s Acceptable Use Policy and other applicable terms governing the use of hosting and design services. Any violation of these terms may result in suspension or termination of services.
Third-Party Software and Scripts
The Company makes no warranty, express or implied, regarding the security, functionality, or compatibility of third-party software or scripts installed on your server.
Maintenance Contract Exemption
Customers who have an active and paid WordPress Maintenance Contract with TMDC are exempt from the responsibilities related to CMS, theme, and plugin updates, as these are managed by TMDC under the terms of the applicable maintenance agreement.
Timely Communication
The Customer agrees to respond promptly to requests for information, approvals, or other inputs required to deliver or maintain the services. Delays in response may impact service delivery times and are not the responsibility of TMDC.
Last Revision: 07 May 2025