Service Level Agreement (SLA) for Virtual and dedicated Server
1. Datacenter Services
ServerNest uses rack space in two (2) datacenter located in Zürich, Switzerland. The datacenter addresses are:
· Equinix, Hardstrasse 235, 8005 Zürich (Switzerland)
· Equinix, Allmendstrasse 13, Oberengstringen 8102 (Switzerland)
Both datacenter are equipped with:
• UPS (universal power supply)
• Power generator
• Air-conditioning
• Temperature control
• Intrusion alarming system
• Closed Circuit TV-system
• Controlled entrance
• Fire detection
• Fire suppression (gas)
All ServerNest GmbH’s servers are equipped with RAID1 disk mirroring.
2. Definitions
This Web Site Availability Service Level Agreement (“SLA”) applies to you ("Customer") if you have ordered a Virtual Private Server (“VPS”) hosting or a Virtual Machine ("VM") account services from ServerNest GmbH (the "Services") and your account is current (i.e., not past due) with ServerNest GmbH.
As used herein, the term “Server Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties through the Internet, as measured by ServerNest GmbH, provided that Customer has established connectivity.
3. Service Level
Network availability:
Our guarantee is that our Network will be available to Customers free of Network Outages that render 100% packet loss, 99.9% of each calendar month. ServerNest GmbH will replace faulty network equipment within 6 hours.
DNS Servers:
Our guarantee is to operate at least two (2) DNS servers running on different Hardware node located in different datacenter. DNS servers will be available to Customers 99.9% of each calendar month.
Virtual Server Availability:
ServerNest GmbH maintains a set of cold-standby spare servers, which are used to replace a server with a hardware failure. Our guarantee is that Customer’s VPS will be available within our Network, 99.9% of each calendar month. ServerNest GmbH will migrate Customer’s VPS to a spare Hardware Server should the Hardware node hosting the VPS be defective (e.g.: in the event of a hard disk failure in the RAID1 mirroring system) or should maintenance work be applied it (e.g: OS patch). In some cases, the spare server will not have the same hardware specifications as the original server (e.g. smaller hard disk or other CPU). In this case, the original server will be repaired and reinstated. ServerNest GmbH will contact the customer to plan and execute this intervention. In some cases ServerNest GmbH may decide to replace defective hardware (ex. Hard disks) without consent of the customer if the intervention is time critical or if the defect has a severe impact on the service.
ServerNest GmbH takes responsibility for VPS availability within their network, however, we cannot be held liable for upstream problems, outside of our network.
Subject to Sections 4 and 5 below, if the Server Availability of customer is less than 100%, ServerNest GmbH will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
Server Availability
Credit Percentage
99.9 to 100%
0%
98% to 99.8%
10%
95% to 97.9%
15%
90% to 94.9%
25%
89.9% or below
30%
If there are multiple down times in the same service period, the time is added together. e.g. 2 down times each lasting 2 minutes each would count as 4 minutes of downtime in a month giving credit of 10%.
4. Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with:
1. circumstances beyond ServerNest GmbH’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. Should the customer render the server inoperable due to overload, or software configuration etc. this is not covered by the SLA.
3. failure of access circuits to the ServerNest GmbH’s Network, unless such failure is caused solely by ServerNest GmbH;
4. scheduled maintenance and emergency maintenance and upgrades;
5. DNS issues outside the direct control of ServerNest GmbH;
6. issues with FTP, POP, IMAP, or SMTP customer access;
7. false SLA breaches reported as a result of outages or errors of any ServerNest’s GmbH measurement system;
8. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP,ASP, etc), any negligence, willful misconduct, or use of the Services in breach of ServerNest GmbH Terms and Conditions and Acceptable Use Policy;
9. e-mail or webmail delivery and transmission;
10. DNS (Domain Name Server) Propagation.
11. outages elsewhere on the Internet that hinder access to your account. ServerNest is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
5. Credit Request and Payment Procedures
To receive a credit for under this agreement, the customer must make a request therefore by open a support ticker in the control panel or sending an e-mail message to our support team (supportATservernest.com), replace the AT with @ in the preceding e-mail address). The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the dates and times of the unavailability of customer's web site and must be received by ServerNest GmbH within 48 hours after the customer's Sever was not available. If the unavailability is confirmed by ServerNest, credits will be applied within two billing cycles after ServerNest GmbH’s receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by ServerNest GmbH and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Server Availability of customer's Web site.
Note: Credits are not refundable and can be used only towards future billing charges
6. Backup Services
Backup services are optional on every VPS. The customer has disk space on a remote server. Customer has the responsibility to schedule the backup.
7. Disaster Recovery Restore
In the event of a hardware failure of the hard disk, within 6 hours (business hours only) the most recent available backup will be restored at no cost with “Critical Priority”. ServerNest GmbH will recreate the VPS and the latest version of the data or configuration files, available from the backup, are then restored on the server. This allows the server to be up and running quickly.
