This SLA does not apply to any feature of the Service not specifically identified in the SLA, or to any feature VMuse identifies as “beta”. If VMuse chooses to provide SLA credits for beta features, such choice does not imply future guarantees of service level, does not impose any future obligations and may be reversed at any time.
1. Remedies for Service Failure
1.1 This SLA lists certain standards for provision of the Service. It defines credit (“100x Credit” or “Credit”) due to Customer in the event that VMuse fails to meet the standards defined in this SLA.
1.2 If the Service fails to achieve the performance levels described in sections 3 and 4, a Failure event is said to have occurred.
1.3 Should a Failure event occur, the Customer is entitled to a 100x Credit as defined in section 1.4.
1.4 A 100x Credit is a credit equivalent to one hundred times the Customer’s fees for the impacted Service feature, for the duration of the failure. (For example, a Failure lasting seven hours would result in credit of seven hundred hours, or approximately one month, of free service for the feature in question).
1.5 The base price for the credit is the plan level Fee calculated in the pricing page at the VMuse website, corresponding to a plan defined by the computing resources involved in the Failure.
2. Limitations and Warranty Disclaimer
The remedies set forth in this SLA are Customer’s sole and exclusive remedies for any Failure or other failure of the Service, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.
3. Server Uptime
Individual servers will deliver 100% uptime as monitored within the VMuse network by VMuse monitoring systems (Server Uptime Guarantee). Only failures due to identified VMuse problems in the hardware and hypervisor layers delivering individual servers constitute Failures and so only those Failures are covered by this Server Uptime Guarantee and this SLA. Examples of Failures include power interruptions, hardware problems such as failures to a hard drive or power supply, and failures to the hypervisor environment supporting Customer servers. Problems related in any way to the Customer server operating system or any other software on the customer server, or to the actions of Customers or third parties, do not constitute Failures and are not subject to any remedy defined herein.
In the event of hardware or hypervisor failure occurring in a node running a server, VMuse shall be allowed to resubmit the virtual server on a new node. From the perspective of the operating system, the effects of this operation are equivalent to an unexpected and unannounced reboot of the operating system. Customer shall take precautions, in the configuration of the operating system and other virtual server software, against data loss in such events.
Persistent storage associated with a failed server shall be included in the computing resources of the Failure if and only if it is not accessible from other virtual servers in the Customer’s virtual infrastructure.
4. Persistent storage
Data storage disks and operating systems disk will deliver 100% uptime. Failure to mount a data disk, caused by an infrastructural VMuse failure qualifies as a Failure event. Failure to mount an operating system disk, caused by an infrastructural VMuse failure qualifies as a Failure event, limited to a 24 hour failure provided that: (i) It is possible for the Customer to provision and mount a new operating system disk in order to boot the server from the new operating system disk.
VMuse will make reasonable efforts to ensure that virtual server configuration is persistent. Should an operating system reconfiguration be needed, in order to keep access to operating system or data disks, VMuse will make reasonable effort to communicate the need for such reconfiguration to Customer. If possible, these efforts will occur before the configuration change is needed, and the date of reconfiguration communicated to Customer. Inability to mount a data or operating system disk caused by the need to reconfigure the operating system does not constitute a Failure.
5. Limitations
This SLA does not cover, without limitation: (i) Network performance outside the premises of VMuse infrastructure, namely last-mile access to Customer’s location or Internet access point; or (b) Failures due to denial of service attacks
6. Credit
6.1 To be eligible for credit, the Customer must open a support case (“Support Ticket” or “Ticket”) during the Failure in question. In opening the Ticket, Customer will provide complete information regarding the nature of the problem, including information reasonably necessary for diagnosis and correction. However, at VMuse’s sole discretion, VMuse may open a ticket requesting information regarding a Failure.
6.2 Failures are quantified with a temporal resolution of fifteen minutes, and quantified as integers for the purpose of credit calculation. Separate failure events are quantified before aggregation.
6.3 Customer must request any credits by notifying VMuse customer service within 48 hours of the start of the Failure.
6.4 Credit is calculated as 100x (one hundred times) the Fee of computing resources involved in the Failure, for the time quantified for the failure, at the rate defined by the pricing page on the VMuse website.
6.5 Credit will be applied to the invoices following the Failure. VMuse is free to linearly distribute the credit over the next twelve billing cycles.
6.6 Should Customer downgrade the Service Plan, VMuse may proportionately reduce due Credits for future billing cycles, following a linear proportion between the previous Fee and new Fee.
7. Credit limitations
7.1 The minimum period of Failure eligible for a credit is 15 minutes, and shorter periods will not be aggregated. The maximum credit for any single Failure is one month’s Service fees. In the event that multiple periods of Failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest such period of Failure. VMuse is not required to issue multiple credits for a single incident; in the event that a single incident calls for credits pursuant to multiple Parts of this SLA, VMuse may decide, in its sole discretion, which credits to award. The maximum credit during a single calendar year, for all Service features combined, is two months’ Service fees, regardless of the length of Failure or the number of occurrences. The period of Failure begins when Customer opens a Case and ends when the Failure is remedied.
7.2 In the event that credits for any calendar month exceed 25% of VMuse’s revenues for such period, VMuse may reduce and pro-rate the value of credits given to all Customers for such period so that the aggregate credit given to all Customers does not exceed 25% of revenues. As used in the previous sentence, “VMuse’s revenues” and “all Customers” refer to revenues and customers from Internet hosting services sold under the “VMuse” brand, and not to revenues or customers from any other business unit operating under another name or providing services other than or in addition to Internet hosting. VMuse may employ such accounting procedures as it chooses in calculating revenues, in its sole discretion, and nothing herein will be construed to require that VMuse disclose non-public information about its finances to Customer or to any party.
7.3 Credits available pursuant to this SLA apply only to future service delivery. VMuse is not required to provide refunds pursuant to this SLA. If Customer retains a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, or setup fees.
7.4 Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: (1) downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods; (2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of VMuse’s control; (5) outages resulting from Internet anomalies outside of VMuse’s control; (6) outages resulting from fires, explosions, or force majeure; (7) outages to the Customer Portal, and (8) failures during a “beta” period. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by VMuse in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. As provided in Section 6 of the Agreement, VMuse will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.
