Legal - Service Level Agreement

Service Level Agreement (SLA)

This SLA 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 due to a failure in the data center network.

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

Data Center Infrastructure

We guarantee that data center HVAC (cooling) and power will function 100% of the time in any given monthly billing period, excluding scheduled or emergency maintenance. Downtime exists when a virtual server experiences a failure caused by power or temperature issues.

SLA Credit for Data Center Infrastructure Downtime: 5% of the virtual server fees for each 30 minutes of downtime (or portion thereof), up to a maximum of 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. In the event of a host failure, restoration or repair will be completed 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 a maximum of 100% of the virtual server fees for the current month.

Virtual Server Restoration

If restoration is required due to a virtual server host or storage failure, we will notify you when the process begins. Restoration will be completed within three hours of commencement. This guarantee applies to service restoration only, not data recovery.

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 a maximum of 100% of the virtual server fees for the current month.

Credit Calculation: All SLA credits are calculated as a percentage of the fees for the affected virtual servers during the monthly billing period in which the failure occurred.

Definitions

• Virtual server: A unique virtual machine instance.
• Virtual server fees: The base monthly fees for your virtual server(s), excluding charges for additional IP addresses, extra storage, bandwidth, SSL certificates, and other add-ons.
• Virtual server host: The physical server hosting your virtual server.
• Region: The specific geographic location where your virtual server resides (e.g., Minneapolis, MN; Fremont, CA; Reston, VA). SLAs are applied per region and do not span multiple regions.
• Data center network: The portion of Arcustech’s network from your virtual server’s network egress point to the outbound port of Arcustech’s border routers.
• Power: Excludes virtual server host power supplies, which are covered under the Virtual Server Hosts guarantee.
• Scheduled maintenance: Maintenance announced at least five (5) days in advance.
• Emergency maintenance: Critical unplanned maintenance necessary to ensure security or service reliability.

Limitations

• You are not eligible for SLA credits while in breach of your service agreement (including overdue payments) until the breach is cured.
• Credits are not available if the outage results from your actions, misuse of the services, or violations of the agreement.
• No credits are issued for outages caused by denial-of-service attacks, viruses, hacking attempts, or other events beyond our reasonable control.
• To request a credit, submit a support ticket in the Arcustech Account Portal within ten (10) days after the downtime event, including logs or evidence showing SLA noncompliance and the adverse impact on your virtual server.
• The total monthly credit for all SLA guarantees combined will not exceed 100% of the affected virtual server fees for the month in which downtime occurred. Unused credits will not carry over to future billing periods.
• Credits are applied to future invoices as account credits and are not issued as cash, refunds, or direct payment reversals.
• This SLA and the remedies described herein are your sole and exclusive remedy for virtual server unavailability.