Service Level Agreement

Updated June 3, 2019

ServerCloud is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of this service level agreement (“SLA”), which provides certain rights and remedies regarding the performance of the ServerCloud network. The SLA guarantees our network/equipment reliability and performance. The SLA is incorporated into the terms-of-service agreement (“TOS”), and applies to all services delivered to customers by ServerCloud. This SLA does not apply to the availability of third-party services or to services provided by third parties, such as cloud-based backup and CDN. This SLA is binding only on customer and ServerCloud and does not apply to any third parties, including customer end users. The issuance of service credits is the sole remedy of customer and ServerCloud sole obligation for any failure by ServerCloud to satisfy the requirements listed in the SLA.

Network & Server Uptime Guarantee

ServerCloud guarantees a 99.999% network and server uptime (“Uptime Guarantee”). This uptime percentage is a monthly figure and is calculated solely by ServerCloud monitoring systems or ServerCloud authorized/contracted outside monitoring services. If ServerCloud fails to meet the Uptime Guarantee, and it is not due to one of the exceptions below, service credits will be made available to each customer, on request, on a case-by-case basis.

The following requirements must be met while claiming credits:

  • Your account must be in good standing (i.e., no overdue invoices, pending cancellations, abuse reports);
  • You must submit a ticket through our customer portal to the billing department or email the billing department at sales@servercloud.com;
  • All requests must be submitted within five days of the reported downtime; and
  • All requests must contain a ticket ID or announcement notification of the service interruption.

Service Credit will be generated as follows:

For every 30 minutes of qualified downtime as outlined in this SLA, ServerCloud will give a credit equal to 5% of the Fees. The total amount credited to you for ServerCloud not meeting SLA service levels will not exceed the Fees paid by you for the affected services for the period in question. Credits are exclusive of the CDN costs and any applicable taxes charged to you or collected by ServerCloud. Downtime must be continuous and a minimum of 30 minutes.

Downtime for the following events will not be accounted for:

  • DDoS Attacks;
  • Scheduled downtime or planned maintenance;
  • Interruption of service due to unpaid invoices, abuse notifications, and violations of the TOS or our Policies;
  • ISP or local connection problems, including telecom failure (i.e., cutting a fiber line somewhere) and backbone peering issues (i.e., having a router go down in Texas that wipes out internet service for the entire area);
  • DNS issues not within the direct control of ServerCloud;
  • Downtime that result from customer’s or third-party hardware or software;
  • Downtime that resulted from or attributable to the actions or inactions of customer or third parties;
  • Downtime attributable to services provided by third parties;
  • Natural disasters or events beyond the control of ServerCloud; or
  • Internal services such as MySQL, Apache, PHP, etc.

Connectivity

ServerCloud’s goal is to make the ServerCloud network available for you free of outages for 99.9% of the time. An “outage” is defined as an instance in which you are unable to transmit and receive IP packets due to a ServerCloud service failure for more than 30 consecutive minutes, excluding service failures relating to ServerCloud’s scheduled maintenance and upgrades. The ServerCloud network does not include customer premises equipment or any telecom access facilities connecting customer’s premises to that infrastructure. ServerCloud’s goal is to keep Average Round-Trip Latency on the ServerCloud network to 85 milliseconds or less. ServerCloud defines “Average Round-Trip Latency,” with respect to a given month, as the average time required for round-trip packet transfers between the ServerCloud network and major US backbone peering points during that month, as measured by ServerCloud. ServerCloud’s goal is to keep Average Packet Loss on the ServerCloud network to 1% or less. ServerCloud defines “Average Packet Loss,” with respect to a given month, as the average percentage of IP packets transmitted on the ServerCloud network during that month that are not successfully delivered, as measured by ServerCloud.

Measurement

ServerCloud will periodically (on average every five minutes) monitor ServerCloud network and server availability using software and hardware components capable of measuring application traffic and responses. You acknowledge that those measurements may not measure the exact path traversed by your Internet connection and that those measurements constitute measurements across the ServerCloud network but not other networks to which you may connect. ServerCloud reserves the right to periodically change the measurement points and methodologies it uses without notice to you.

Hardware Failure

ServerCloud stands behind all equipment on our network. Faulty hardware is rare but cannot be predicted nor avoided. ServerCloud uses only name brand hardware of the highest quality and performance. ServerCloud will replace all faulty hardware affecting performance levels of equipment within 12 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee and may require third-party service providers to correct the problem. ServerCloud will replace all faulty hardware on dedicated servers at no charge to you with an unlimited free replacement policy. This includes parts ordered as upgrades.

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