Service Level Agreement

Active from: July 19, 2024

We work hard to make our services available to you at all times. How we live up to this commitment is outlined in this Service Level Agreement (“SLA”).

Services

Start Date means the date you began using or accessing a Service for which you paid in full or the subscription fee. Service period means the billing period (or billing cycle) from the start date. The billing period is normally monthly or annually, but may for some services be offered quarterly.

You have the option to select the desired billing period for the service at the time of purchase or the start date of the subscription.

A service period is counted as a calendar month or a year, as appropriate. For example, if the start date of a monthly service period is September 6, the service period is September 6 to October 5, and the next service period is October 6 to November 5, etc. Fees or the price paid for a service is as defined in our price list and/or terms of service.

You agree to pay the fees in the amounts and intervals stated at the time of purchase or subscription.

Uptime guarantee

We will take all necessary steps to ensure that the service you have purchased is available to you for at least 99.5% of the time during a service seriod (“Uptime Guarantee”). The uptime guarantee does not apply to services that are free of charge, upsell promotions or demo products. It also does not apply to our control panel, support system, website or SSH, SFTP, phpMyAdmin, bandwidth or third party services.

The uptime guarantee does not apply to parts of our service that are not strictly necessary for the service you purchase to remain available.

Downtime

Downtime means any period of time during which a service has no remote connection or is not available. Downtime is calculated from the minute we can confirm that the service is unavailable, or has no remote connection, to the minute the service becomes available.

If multiple services are unavailable at the same time, downtime is calculated separately for each service. Downtime shall not be based on the number of services experiencing downtime. You are solely responsible for ensuring that you have a device with internet access to use our services. The services shall not be deemed unavailable based on insufficient or non-compatible hardware and internet access on your end.

Permitted downtime

Unavailability caused by any of the following circumstances, as determined by us in our sole discretion, shall not count as downtime and will not qualify for a refund or service credit:

• Planned downtime or downtime that is due to us performing maintenance on a service during a planned period of time, where one or more services are taken out of operation for maintenance tasks
• Emergency measures or maintenance that we deem necessary to correct critical issues or correct vulnerabilities that may impair the usability or overall performance of the service, to the extent that such maintenance cannot be performed during a scheduled downtime
• Periods of interruption that are not within our fault or control, blocking of an internet provider, communication or transit provider
• DDoS or similar attacks from malicious users targeted to exceed the capacity of the service
• Your breach of any terms given by us, terms of service or other general guidelines applicable to the service
• Your use of the service after we have advised you to make changes or if you do not follow our recommendations in relation to how you use the service
• Incorrect commands, instructions or arguments, such as requests to access files that do not exist or that you do not have access to
• Attempts by you to perform operations that exceed prescribed, recommended allowances or are the result of our actions such as throttling due to abuse
• Issues that only affect you and related to external applications or services provided by third parties
• Situations where you have been notified of possible demotion, impairment or unavailability and have accepted them
• Any configurations you have made, including configuring or setting up a service so that it may experience downtime based on the availability of other services
• Force Majeure or events that are unforeseen and exceptional situations that make it impossible to fulfill the terms of service or our obligations

Support

We offer several levels of support or helpdesk.

• Support via e-mail messages and/or ticket system
• Phone or physical meeting (reserved for high priority issues)

The best way to contact our support is via email or ticket system. You can also contact us by phone for cases that are considered of higher priority.

Email and ticketing systems will normally have a response time of 1-8 hours, depending on the time of day and how many active inquiries are currently in the queue.

It is your responsibility as a customer to monitor your own use of our services and to contact us with any errors or problems that arise. Sometimes we will need you to work with us to recreate errors you experience, including performing diagnostics or troubleshooting activities. This is essential for us to resolve certain errors or issues.

Monthly uptime

Monthly uptime is calculated as follows:

1. Start with the total minutes in the service period: This is the total time available in the period you are measuring, for example a month
2. Subtract total downtime: This includes all the minutes in the period when the service was not available, except for allowed downtime
3. Subtract allowed downtime: These are the minutes of downtime that are exempt from uptime calculations, such as scheduled maintenance
4. Deduct any delays: If there were delays in resolving issues beyond the normal response times, these minutes are deducted from
5. Divide the result by the total number of minutes in the service period: This result gives the percentage of time the service was up as normal
6. Multiply by 100 to get the percentage: This last percentage represents the uptime of the service in the given period

For example, in one service period, the service was down for 30 minutes, but half from the allowed downtime. There were no delays in relation to response time. The monthly uptime is therefore 100 x (43,200 minutes – (30-15)) / 43,200 = 99.9653%.

Service credits

If the monthly uptime for a service is less than the uptime guarantee during the service period, we will compensate you against upcoming monthly fees for the service that did not meet the uptime guarantee.

• Less than 99.5% but equal to or greater than 99.0% = 10% compensation
• Less than 99.0% but equal to or greater than 95.0% = 25% compensation
• Less than 95.0% = 100% compensation

To receive compensation for a breach of the uptime guarantee, you must send us a request within 30 days from the time the downtime occurred by sending an email to post@centoba.com from the email address registered for your account.

The request must include:

• The words “Compensation for downtime” in the subject line
• Date, time and the affected services for each of the alleged breaches of warranty
• Request logs documenting the errors and confirming the claimed downtime

Failure to provide the requested information required above will disqualify you from receiving compensation. If we can confirm that the downtime is covered by the uptime guarantee, we will compensate you within 60 days of confirmation.

Service credits or compensation will be added to your account and cannot be transferred or added to any other account. Service credits will only be applied against future fees you would otherwise be required to pay for the same service that did not meet the uptime guarantee.

At our discretion, we may issue the compensation to the payment solution you chose to pay for the fees. If your user account or use of our services is terminated before any compensation is applied or credited, it will be lost.

There are a few limitations:

• Service credit cannot exceed the total fees you have paid to us for the service during the month when the service did not meet the uptime guarantee
• Service credit will apply and be issued only if the amount for the applicable monthly billing period is greater than $1 USD
• Service Credit cannot be aggregated and will not be paid out in the form of cash or entitle you to a refund or other payment from us

Excluding compensation and damages

Unless otherwise stated in the Terms of Service, this Service Level Agreement sets forth your sole and exclusive remedies, and our sole and exclusive obligations, in the event of any unavailability, non-performance or other failure to provide our services.

Changes and revisions

Our services are constantly changing and therefore our policy may also change from time to time. We reserve the right, at our sole discretion, to add and/or remove portions of this policy at any time. To stay up to date with the latest changes, we recommend that you read our legal pages regularly.