Legal - Service Level Agreement

Master Service Agreement | Acceptable Usage Policy | Virtual Server - SLA | Email Account Policies

Service Level Agreement

This AUP is incorporated by reference into our Master Service Agreement
COVERED SERVICES
Network

We guarantee that our data center network will be available 100% of the time in any given monthly billing period, excluding scheduled or emergency maintenance. Network downtime exists when a virtual server is not reachable as a result of a failure in the data center network.

SLA Credit for Network Downtime: 5% of the virtual server fees for each 30 minutes of network downtime (or portion thereof), up to 100% of the virtual server fees, for the current month.**

Data Center Infrastructure

We guarantee that data center HVAC (cooling) and power will be functioning 100% of the time in any given monthly billing period, excluding scheduled or emergency maintenance. Data center infrastructure downtime exists when a virtual server experiences a failure as a result of power or heat problems.

SLA Credit for Data Center Infrastructure Downtime: 5% of the virtual server fees for each 30 minutes of data center infrastructure downtime (or portion thereof), up to 100% of the virtual server fees, for the current month.**

Virtual Server Hosts

We guarantee the functioning of all virtual server hosts including the hypervisor. If a virtual server host fails, we guarantee that restoration or repair will be complete within one hour of problem identification.

SLA Credit for Virtual Server Host Downtime: 5% of the virtual server fees for each additional hour of downtime (or portion thereof), after the first hour, up to 100% of the virtual server fees, for the current month.**

Virtual Server Restoration

If a virtual server restoration is required because of virtual server host or storage failure, we will notify you at the beginning of the restoration process. We guarantee the restoration will be complete within three hours of the time we begin the restoration of your virtual server services. This is not a guarantee of data restoration, only service restoration.

SLA Credit for Virtual Server Restoration Downtime: 5% of the virtual server fees for each additional hour of downtime (or portion thereof), after the first three hours, up to 100% of the virtual server fees, for the current month.**

** Credits will be calculated as a percentage of the fees for those virtual servers adversely affected by the failure for the monthly billing period during which the failure occurred.

DEFINITIONS AND LIMITATIONS
Definitions

For purposes of the Service Level Agreements outlined above:
"virtual server" means a unique virtual machine instance;
"virtual server fees" means the base fee(s) for your virtual server(s) for the monthly billing period in which the failure occurred and does not cover fees, including, but not limited to, extra IP addresses, additional storage, bandwidth, SSL certificate purchases and so on.
"virtual server host" means the physical server which hosts/powers your virtual server;
“region” means a particular physical location where the virtual servers service exists (e.g. Minneapolis, MN; Fremont, CA; Reston, VA, etc.). Virtual Servers, Network, and Data Center SLAs are independent per region and do not span multiple regions;
"data center network" means the portion of the Arcustech network extending from the network egress point of your virtual server to the outbound port of the Arcustech border routers;
"power" excludes virtual server host power supplies which is covered as part of the virtual server hosts guarantee;
"scheduled maintenance" means maintenance (e.g. repairs, modifications, or upgrades) that is announced at least 5 days in advance;
“emergency maintenance” means critical unforeseen maintenance (e.g. repairs, modifications, or upgrades) needed to ensure security or reliability.

Limitations

You are not entitled to a credit if you are in breach of your services agreement with Arcustech (including late payments owed to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with Arcustech or your misuse of the Services. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.

To receive a credit, you must log a request via support ticket in the Arcustech Account Portal within ten (10) days following the end of the downtime and provide logs evidencing Arcustech’s failure to meet the SLA. You must show that your use of Virtual Servers was adversely affected in some way as a result of the downtime to be eligible for the credit.

Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of the virtual server fees, for the current month. Credits that would be available but for this limitation will not be carried forward to future billing periods.

Credits are applied as account credits towards future billing/charges, and are not provided as cash, refunds or applied back to your form of payment on record. This Service Level Guarantee is your sole and exclusive remedy for Virtual Servers unavailability.

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