Service Level Agreement

Service Level Agreement

This SLA applies to Services where the agreement for the Service specifically references this SLA. The objective of this SLA is to document the availability of the Service that KubeServers is to achieve. This does not constitute any additional liability to KubeServers, but instead a self-assumed obligation towards the Client. Under the conditions below KubeServers offers to pay the Client service credits if the availability defined below is not met.

KubeServers shall guarantee the Network Availability and Power Availability will be 100% in any calendar month, subject to exclusions as defined below. If KubeServers fails to meet this guarantee a credit shall be available to the Client as defined below.

The Network Availability and Power Availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

• Outage periods due to any cause other than faults by KubeServers, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of KubeServers delivery point,
• In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of the KubeServers Network, KubeServers will proceed to disconnect the link, for benefit of the rest of users of the KubeServers Network. This disconnection won’t be cause of penalty under the SLA. KubeServers will notify the Client as soon as possible about this issue in order for the Client to repair the problems.
• Outage periods reported by the Client in which no fault is observed or confirmed by KubeServers,
• Any fault period during which service is suspended under provision in this Agreement,
• Downtime when KubeServers technical staff cannot have access, when the Client is requested to do so for the purpose of investigating the problem and restoring the service, to Client premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by KubeServers,
• The Client requesting KubeServers to test Client connection although no fault has been detected and/or reported by KubeServers,
• The Client requesting KubeServers to upgrade the capacity of the service, if this operation results in an outage.
• During Scheduled Maintenance affecting the Services as defined above.
• Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients. Nevertheless KubeServers is available to support the customer by implementing appropriate measures on the KubeServers Network, such as limiting on ICMP bandwidth, rate limiting over clients’ ports, implementing filters or black-holing routes.

Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from KubeServers applies in case of Force Majeure.

Should the Client not have access to the Services as defined above due to less than 100% Network Availability and Power Availability, KubeServers shall credit the Client 0.5 days service credit for each hour when the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee for the contracted service. The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying KubeServers within seven working days in writing. This Client agrees the service credits due under this SLA are its sole remedy against KubeServers for any non-availability of the Services.