SLA Terms and Conditions

Last modified: 12 December 2024

  • Article 1 - Scope
  • Article 2 - Exclusions
  • Article 3 - Response Time Guarantee
  • Article 4 - Fixing Time Guarantee
  • Article 5 - Refunds
  • Article 6 - Responsibilities of the Client
  • Article 7 - Abusive or Excessive Ticketing
  • Article 8 - Refund Claim Process
  • Article 9 - Governing Law
  • Article 10 - Additional Terms

Article 1 - Scope

  1. The SLA applies to all servers (Virtual Machines or Bare Metal) covered by a paid SLA plan.
  2. Per-Server Coverage:
    1. SLA guarantees are purchased per individual server and apply only to the server(s) for which the SLA is active.
    2. Tickets that are unrelated to the server(s) with an active SLA are not guaranteed response, fixing, or replacement times under SLA terms.
  3. The SLA guarantees the following:
    1. Response time as defined in the SLA plan.
    2. Fixing time, including hardware replacement or issue resolution, as defined in the SLA plan.
    3. 24×7 technical support for all SLA-covered servers.

Article 2 - Exclusions

  1. SLA guarantees do not apply if:
    1. The issue arises from client-side actions, including incorrect configurations, unmanaged software, or user-installed scripts.
    2. The issue results from upstream provider outages or incidents beyond Phanes Cloud’s control.
    3. Fixing time is delayed due to client inaction or unresponsiveness (e.g., delay in approving replacement hardware or software configurations).
    4. The ticket is for a server that does not have an active SLA.
    5. There are any overdue invoices for the SLA
  2. Refunds will not be provided in cases outlined in these exclusions.

Article 3 - Response Time Guarantee

  1. Definition: Response time is the period from when the client submits a ticket via the designated support system until an engineer begins actively working on the issue.
  2. SLA response time guarantees apply only to tickets related to servers covered by an active SLA.
  3. If the guaranteed response time is exceeded, the client may claim compensation as outlined in Article 5.

Article 4 - Fixing Time Guarantee

  1. Definition: Fixing time is the period from when Phanes Cloud receives the client’s approval for a required fix (if applicable) until the resolution of the issue.
  2. Fixing time includes:
    1. Hardware replacement for Bare Metal Servers.
    2. Migration of virtual machines or restoration of affected systems, unless the total hard disk space is more than 2 TB.
  3. If Phanes Cloud is unable to obtain the necessary parts for hardware replacement due to supplier or manufacturer constraints, a replacement server with other specifications but similar performance will be provided. This ensures the affected service is brought online as quickly as possible.
  4. Phanes Cloud will notify the client of the replacement server specifications and proceed with deployment unless the client explicitly requests otherwise, which may delay the fixing time.
  5. Fixing time guarantees are void if delays are caused by:
    1. Supplier or manufacturer constraints beyond Phanes Cloud’s control, where no similar replacement is available.
    2. Client inaction, such as delays in approval or lack of cooperation.
    3. Tickets unrelated to the server with an active SLA.
  6. If fixing time exceeds the guarantee despite Phanes Cloud’s efforts, the client is eligible for compensation as outlined in Article 5, unless exclusions in Article 4.5 apply.

Article 5 - Refund Policy

  1. If the response time exceeds the SLA guarantee, the client is eligible for a refund equal to 10% of the monthly SLA fee per incident, capped at 50% of the SLA fee for the month.
  2. If fixing time exceeds the SLA guarantee, the client is eligible for a refund equal to 25% of the monthly SLA fee per incident, capped at 100% of the SLA fee for the month.
  3. Refunds are provided as credits toward the client’s next invoice.
  4. Refunds will not be issued in cash unless the client cancels their complete account.

Article 6 - Responsibilities of the Client

  1. The client must:
    1. Provide accurate and complete information when raising a support ticket.
    2. Respond promptly to requests for approval or additional details.
  2. SLA guarantees, including fixing times, are void if the client violates the Phanes Cloud Terms of Service (link) or Acceptable Use Policy (link), or declines reasonable alternative measures (e.g., replacement servers).

Article 7 - Abusive or Excessive Ticketing

  1. Abusive ticketing includes, but is not limited to:
    1. Raising unnecessary or repetitive tickets with the sole intent of claiming SLA refunds.
    2. Fabricating issues or misrepresenting problems to trigger SLA guarantees.
    3. Submitting a high volume of tickets unrelated to legitimate technical issues.
  2. Excessive Ticketing Threshold:
    1. Clients submitting more than 10 tickets per server per month or significantly exceeding normal usage patterns (as determined by Phanes Cloud) may be flagged for abuse.
  3. Consequences of Abuse:
    1. SLA guarantees for the affected server(s) may be suspended or terminated.
    2. Refunds or compensation for the flagged tickets will be denied.
    3. Phanes Cloud reserves the right to terminate the SLA or associated services if abusive behavior persists.

Article 8 - Refund Claim Process

  1. To claim a refund for SLA breaches, the client must:
    1. Submit a claim via the designated support system within 30 days of the incident.
    2. Provide relevant ticket numbers and details of the breach.
    3. Confirm that the tickets submitted are in compliance with Section 7 (Abusive or Excessive Ticketing).
  2. Claims involving flagged abusive tickets or unrelated servers will be denied.

Article 9 - Governing Law

  1. These SLA Terms and Conditions are governed by the laws of The Netherlands.
  2. Disputes arising from the SLA will be resolved in a Dutch court.

Article 10 - Additional Terms

  1. The Phanes Cloud Terms of Service and Acceptable Use Policy also apply to all SLA-covered servers.
  2. SLA coverage and guarantees are void if the client violates these terms.