Service Level Agreement

Preamble

We always strive to serve you in better service quality. We understand how important of your online businesses when you first engage us as your hosting service provider. Every single steps that we make are to ensure you receive consistent service quality based on our best effort and best knowledge possible. ControlVM reserves the right to modify this SLA at any time without prior notice, effective upon posting of the latest revised SLA at ControlVM webpage (“Site”).

Definition

This Service Level Agreement (“SLA”) is applicable to you (“customer”) when you or the person who initial the service ordering including but not limited to signed up virtual private server (VPS), cloud server, dedicated server or server colocation (“services”) from ControlVM and it is remain active with us.

Network Downtime defined as unable to transmit/receive data from/to your server due to network failure of network related hardware or equipment that owned and managed by ControlVM.

Network SLA

99.8% Network Uptime Guarantee. ControlVM to ensure 99.8% network uptime for services rented to customer during the billing cycle (excluding scheduled maintenance & emergency maintenance). 99.8% uptime equivalent to 86.4 minutes of downtime in a month (30 days).

Coverage of this service level solely for our internal network infrastructure, such as cabling, switches and routers but DOES NOT include outages originated from the services or software running on the services or hardware.

SLA Credits are applicable in the event of network downtime more than 0.2% or 86.4 minutes in a month due to the problem within ControlVM’s network. We will credit 10% of the monthly subscription fee to your account, and the total amount of SLA credit shall NOT exceed $50 (or RM200) for the affected services, whichever lower.

Hardware SLA

Faulty hardware replacement guarantee only applicable to standard dedicated services which lease from ControlVM on paid subscription basis. Our service level to guarantee the functioning of hardware and faulty hardware will be replaced at no additional cost to customer. Custom setup is not covered in this agreement.

ControlVM offers 24-hour hardware replacement guarantee AFTER the problem confirmed causes by faulty hardware via either online/offline diagnostic. If the faulty hardware is not replaced within 24 hours due to unforeseen circumstances, we will credit 5% to your account for every 24 hours block for that particular services. The amount of credit shall NOT exceed $50 (or RM200) of the total monthly subscription fee for the affected services.

Exceptions & Credit Limitations

1) Customer shall NOT receive any SLA credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:

• scheduled maintenance¹ and emergency maintenance²;
• DNS (Domain Name Server) propagation or DNS issues that outside the direct control of ControlVM;
• software functionality in services such as FTP, POP, IMAP, or SMTP access by customer, email or webmail delivery and transmission;
• application, operating system or software fault or failure;
• outages elsewhere on the Internet that stop/restrict/prevent/block/hinder you from access to your account;
• false SLA breaches reported as a result of outages or errors of any ControlVM monitoring or measurement system;
• breach of ControlVM’s Terms and Conditions and Acceptable Use Policy;
• circumstances beyond ControlVM’s reasonable control, including, without limitation, acts of any governmental body, sabotage, war, insurrection, 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;
• internal or external network attacks (DDos, hacker activity, or other malicious event) against ControlVM or ControlVM’s customer;
• failure of access circuits to our network, unless such failure is caused solely by ControlVM;
• inadequate maintenance of customer’s own software;

2) SLA credits are directly credit to your account in our client portal and not refundable. You can use SLA credits to pay your future invoice or service subscription fee.

3) In order to qualify for SLA credits, you are required to notify us within 24 hours via our client portal (https://controlvm.com/secure) support ticket or email to [email protected] by include details information of outages that customer experienced, such as services IP address, start time and end time of the outages and services that affected.

4) SLA credits is not valid/not applicable if you have overdue invoice, or ongoing/outstanding abuse issues as per our general Terms of Service, and Acceptable Use Policy.

Note
1. Schedule Maintenance: refers to jobs that carried out at predetermined time/date where customer will get notified 3 working days earlier via email as per registered in our client portal.

2. Emergency Maintenance: refers to situations that requiring immediate attention to prevent further possible service disruption. In case of emergency maintenance required, customer will get notified via email as soon as the situation recovered or within the allowable situation for us to inform, usually 1 hour before the emergency carry out.