Service Level Agreement (SLA)

Term Inheritance:

The terms within this Service Level Agreement will be inherited by the Acceptable Use Policy, available on this website, unless otherwise denoted.

Additional Agreements:

This Service Level Agreement inherits all clauses from the Acceptable Use Policy and any other relevant Policies, available on this website, except where otherwise denoted.

Who This Agreement is for:

By purchasing any of the Services provided by the Provider covered under this agreement within the “General Purpose” section of this agreement, you accept and agree to be bound by the terms and provisions of this agreement and any other agreement published on this website and any website owned and operated by Create Azure LLC. In addition, when using any service provided by Create Azure LLC, or by cloudMonic (subsidiary of parent Create Azure LLC), you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at-will by Create Azure LLC/cloudMonic.

General Purpose:

The purpose of this agreement (“Service Level Agreement”) is to provide the specific guidelines for the availability of the Services provided by the Provider that fall under the category of “Hosting.” These Services include, but are not limited to:

· VPS Hosting

· Dedicated Server Hosting

· Web and web application hosting

· Container (docker, rkt, etc) hosting

· File storage hosting

· CDNs

Some Hosting Services may also inherit other agreements. Conflicting statements, provisions or contradicting conditions will be handled as per the “Supersedes” clause in this Service Level Agreement.

For the purpose of this Service Level Agreement, no management plans are considered. Management plans will be subject to their own agreement(s), and this Service Level Agreement will only apply to the Hosting Service provided.

SLA Class I:

Hosting Services that are provided under SLA Class I are entitled to a 99.9% network and hardware uptime guarantee, with downtime compensation starting at 99.5% uptime. In a standard month-to-month application, this means that up to 3.5 hours of downtime is not eligible for compensation under this guarantee per month.

SLA Class II:

Hosting Services that are provided under SLA Class II are entitled to a 99.99% network and hardware uptime guarantee, with downtime compensation starting at 99.9% uptime. In a standard month-to-month application, this means that up to 40 minutes of downtime is not eligible for compensation under this guarantee per month.

SLA Class III:

Hosting Services that are provided under SLA Class III are entitled to a 100% network and hardware uptime guarantee, with downtime compensation starting at 99.99% uptime. In a standard month-to-month application, this means that up to 5 minutes of downtime is not eligible for compensation under this guarantee per month.

What is covered:

This uptime guarantee only applies to the network and hardware infrastructure. The Provider is not responsible for downtime incurred due to internal configurations on the Hosting Service, or downtime caused by third-party implementations (DNS, DDoSes, etc) or caused by the User and their representatives, agents, or end-users.

Compensation:

The Provider will provide compensation for downtime as per the SLA Class that is associated with the Hosting Service in question via account credit, as per the guidelines set forth in the Acceptable Use Policy.

The Provider will compensate in one (1) hour increments, starting from the time of eligible downtime, based on a pro-rata of the cost, minus taxes and applicable fees or software charges, of the Hosting Service affected by the downtime.