As part of the Terms of Service governing all purchases of CLOUDSIGMA AG, trading as “CloudSigma” (“we”, “us”) services, we provide the following service level to you (“you”, “your”):
CloudSigma guarantees 100% availability of virtual servers in any given calendar month as defined by their availability on our network and their responsiveness in a non-degraded way. This guarantee covers the hardware and virtualisation hypervisor layers only and not the software (including but not limited to operating systems and applications) running within virtual servers.
CloudSigma guarantees 100% network availability in any given calendar month. The network will be deemed ‘available’ if CloudSigma’s border routers and switches are available and responding to CloudSigma monitoring tools in a non-degraded manner.
CloudSigma guarantees a network latency of 1ms or less for data packets between servers within CloudSigma’s services and network. The network latency refers to network latency times between the boundary layer of one virtual server to the boundary layer of another virtual server and excludes internal latency times resulting from software running within a virtual server at either end of the data transit.
If we fail to meet the guarantees detailed above, you will be able to request a credit as detailed below up to a maximum of 100% of your fee for capacity used during the previous 30 calendar days:
In the event that we fail to meet the guarantee on more than one occasion within a period of 30 calendar days, then the credit that you may claim for any incident will be limited to the maximum of 100% of your fee for capacity used since the previous incident or 100% of your fee for capacity used during the previous 30 calendar days, whichever fee is lower.
To receive a credit, you must contact us at cloudsigma.zendesk.com within 30 calendar days of the incident, specifying the start time, date and duration of the qualifying period which forms the basis of your claim and the amount of credit claimed. We will be the sole arbiter regarding the award of credit and our decision will be final and binding.
The following items or situations are exempt from CloudSigma’s guarantees:
A user must be up to date with all payments and have sufficient pre-pay balance where appropriate to cover current usage levels to be eligible for the credits outlined in this Service Level Agreement. No credits will be extended if a user is delinquent on any payments or has insufficient balance to continue using CloudSigma services at usage levels during the qualifying claimed credit period for at least 10 calendar days.
The award of credit by CloudSigma to you as described in this Service Level Agreement will be the sole and exclusive remedy for unavailability or performance degradation of CloudSigma services. Credits will only be provided against future service and for the avoidance of doubt may not be exchanged for cash or other forms of payment.
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 your fee for the previous 30 calendar days. Credits beyond your fee for the previous 30 calendar days will not be carried forward for use against future fees.
This Service Level Agreement forms part of your Agreement with CloudSigma, along with the Terms of Service and the Acceptable Use Policy, and is subject to all the terms and conditions stated in these documents.
Last Updated: 11 Nov 2013
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