CloudPress Service Level Agreement (SLA)

Last Updated: June 1, 2024

1. DEFINITIONS

1. "Necessary Services" means the portions of the Services that must be operational in order for a Customer Website hosted on our platform to be accessible over Hypertext Transfer Protocol (HTTP) or CloudPress-provided network connections, as applicable. The Necessary Services do not include any Third-Party Services, our control panel, our support system, our website, SSH/SFTP/phpMyAdmin access, Beta Services, add-on Services, bandwidth, or any other portion of the Services that is not strictly necessary in order for Customer Website to remain accessible.
2. "Signup Date" means the date on which you subscribe to a prepaid or postpaid Service.
3. "Billing Date" means the same numerical date as the Signup Date in each month after the Signup Date. For example, if the Signup Date is January 6, then the next Billing Date will be February 6.
4. "Monthly Billing Period" means the time period from the Signup Date until the day before the first Billing Date, and from each Billing Date until the day before the next Billing Date. For example, if the Signup Date is Janurary 6, then the Monthly Billing Period is January 6 through February 5, and the next Monthly Billing Period is February 6 through March 5, etc.
5. "Downtime" means any period of time in which the Necessary Services are unavailable to the Customer during any Monthly Billing Period, calculated separately for each Service to which a Customer is subscribed.
6. "Maintenance Period" means each day Monday through Sunday, 11 pm to 3 am, local time, based on the time zone of the data center in which each Customer Website is hosted.
7. "Monthly Subscription Value" means

1. For Customers on a monthly billing cycle: the Fee paid for the Hosting Plan subscription.
2. For Customers on an annual billing cycle: the Fee paid for the Hosting Plan subscription divided by 12.
3. If you switch Hosting Plans during the Monthly Billing Period, your Monthly Subscription Value shall be prorated based on the amount of time spent on each plan during the Monthly Billing Period. 
4. The Monthly Subscription Value excludes any other fee or amount, such as, but not limited to, paid add-ons, overages, bandwidth, and migration fees.

8. "Uptime Guarantee" means the Necessary Services will be available at least 99.9% of the time during each Monthly Billing Period.
9. "SLA Credit" means the credit as described in this SLA which is added to a Hosting Plan and applied to subsequent invoices.

2. INTRODUCTION

1. This SLA is an addendum to and hereby incorporated into the Terms of Service. Terms not defined in this SLA have the definitions set out in our Terms of Service. The remedies set out in this SLA are Customer's sole and exclusive remedy for issues covered by the SLA. If there is a conflict between this SLA and the Terms, the Terms shall control. 
2. CloudPress reserves the right to make changes to this SLA at any time at our sole discretion. If we make changes to this SLA, we will provide notice of such changes by revising the date at the top of this SLA. Your continued use of the Services following notification of changes will constitute your acceptance of such changes. Please periodically review this SLA and check for any updates.

3. HOW SLA CREDITS WILL BE CALCULATED

1. If Downtime exceeds 43 minutes in any calendar month (0.1% of the amount of time in a normal 30-day/43,200 minute period) it shall be determined that the Uptime Guarantee was not met.
2. If CloudPress fails to meet the Uptime Guarantee, you (as your exclusive remedy) will receive SLA Credits equal to ten percent (10%) of your Monthly Subscription Value for each full hour (60 minutes) of Downtime. Downtime shall be calculated based on our monitoring. For example purposes only:

1. If Downtime in any calendar month is 60 minutes or less, you will not receive any SLA Credit.
2. If Downtime in any calendar month is at least 60 consecutive minutes and less than 120 minutes, then you will receive SLA Credit equal to 10% of your Monthly Subscription Value on your next invoice.
3. If Downtime in any calendar month is at least 120 minutes and less than 180 minutes, then you will receive SLA Credit equal to 20% of your Monthly Subscription Value on your next invoice.

3. SLA Credits will not exceed the Monthly Subscription Value for the month in which we failed to meet our Uptime Guarantee.

4. HOW YOU WILL RECEIVE SLA CREDITS

1. In order to receive SLA Credits you must be current in all fees currently owing to Cloudpress and submit a request for SLA Credits within 14 days after Downtime by emailing [email protected] and reporting the time periods of the Downtime. 
2. SLA Credits shall be added to your Account and applied to future invoices and will not be paid in cash. 
3. If your Account or Agreement terminates before the SLA Credit is applied or used, you will not receive the SLA Credit.

5. WHEN YOU WILL NOT RECEIVE SLA CREDITS

1. Downtime caused by any of the following circumstances, as determined at our sole discretion, shall not be included in Downtime and shall not be eligible for SLA Credit:

1. Any maintenance performed during a Maintenance Period,
2. Emergency maintenance or repairs performed at any time,
3. Scheduled outages,
4. Force majeure events, including but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disaster), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanction, blockage, embargo, and other governmental action), labour disputes (strike, lockout, or any similar dispute), failure of power sources, outages caused by external service providers, hacking or other electronic interference, and any other event which we cannot reasonably anticipate, prevent, control, or avoid,
5. Traffic, requests, processes, or other activity affecting a Customer Website that exceeds the capabilities of the Customer Website, the Customer's Hosting Plan, or the Services,
6. Customer breach of the Terms of Service or any other policies, terms, or agreements applicable to Customer,
7. Customer machine access problems, 
8. Customer authored code, 
9. Any configurations made by the Customer, including configuring any Customer Website such that it may experience downtime when another Customer Website experiences downtime,
10. Changes to the Services by parties other than CloudPress,
11. Failures caused by errors in Third-Party Services utilised by the Customer within the Services,
12. Failures caused by hostile actions of third parties, such as denial-of-service attacks, and
13. Interruptions relating to actions CloudPress is obliged to take pursuant to applicable laws or Governmental Authority's orders.