Service Level Agreement

Effective Date: 19th of July 2024

We work hard to make our Services available to you at all times. We support this commitment with this Service Level Agreement (“SLA”).

The Services

“Start Date” means the date on which you started using or accessing a Service for which you paid the service or subscription Fees. “Service Period” means the billing cycle from the Start Date. The billing cycle may be monthly or yearly. You have options to select the billing cycle of the Service at the time of your purchase or subscription.

A Service Period is counted as a calendar month or year, as the case may be. For example, if the Start Date of a monthly Service Period is September 6, then the Service Period is September 6 through October 5, and the next Service Period is October 6 through November 5, etc. “Fees” means the Fees paid for a Service as defined in our Terms of Service. You agree to pay the Fees at the amounts and intervals posted at the time of your purchase or subscription.

Uptime Guarantee

We will make commercially reasonable efforts to make a Service that you purchased available to you at least 99.5% of the time during each Service Period (“Uptime Guarantee”). The Uptime Guarantee does not apply to Services that are free, promotional, on trials, demo, our control panel, our support system, our Website, SSH, SFTP, phpMyAdmin access, beta tests, add-on Services, build time, bandwidth, third party Services, or any other portion of the Services that is not strictly necessary in order for Services to remain accessible. The Uptime Guarantee applies only to the Centoba Services provided by us. We do NOT guarantee the service availability of our Cloud or Server Provider.

Downtime

“Downtime” means any period of time in which a Service has no external connectivity or is not available, even with appropriate hardware and sufficient internet bandwidth. Downtime is calculated from the minute that we confirm the Service is unavailable or has no external connectivity, until the minute that the Service becomes available.

If multiple Services are simultaneously unavailable, Downtime is separately calculated for each Service. Downtime shall not be increased based on the number of Services experiencing Downtime. You are solely responsible for obtaining appropriate hardware and internet access to use the Services. The Services shall not be deemed unavailable due to your inadequate or incompatible hardware and internet access.

Excused Downtime

Unavailability caused by any of the following circumstances, as we may determine at our sole discretion, shall not be included in Downtime and shall not be eligible for Service Credit: “Scheduled Downtime” or downtime resulting from us performing maintenance on a Service during a scheduled period of time when clusters of the Service are taken offline for maintenance tasks.

Emergency maintenance that we reasonably deem necessary to fix critical problems or patch vulnerabilities that could substantially impair the usability or performance of the Service, to the extent such maintenance cannot reasonably be performed during a Scheduled Downtime.

Outage periods not within our fault or control; Blocking or throttling by an internet service provider or transit provider; A denial of service or port attack; Traffic, requests, processes, or other activity affecting a Service that exceeds the capabilities of the Service, your hosting plan, or the Services; Your breach of the Terms of Service or any other policies, terms, or agreements applicable to you; Your machine access problems; Your authored code; Your intentional acts, errors, or omissions; Your use of the Service after we have advised you to modify your use of the Service, if you did not modify your use as advised; Faulty input, instructions, or arguments (for example, requests to access files that do not exist); Your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior; Issues that affect only you and related to external apps or third-parties; Your change requests in which you have been notified concerning the possible impairment and the availability and has agreed to them; Any configurations you made, including configuring any Service such that it may experience downtime when another Service experiences downtime; or Force Majeure events as defined in the Terms of Service; Changes to the Services by parties other than us.

Support

We offer two levels of support for all of our Services.

• Support by e-mail and/or ticket system
• Telephone (reserved for high priority issues)

The best way to contact our Support is by e-mail or ticket system. You may also contact us by telephone for high priority issues during normal working hours.

Normal priority e-mail and tickets will have a response time of 1-8 hours, depending on the time of day, and how many active tickets currently in our queue.

We will sometimes need you to cooperate and help us to reproduce errors you are experiencing, including conducting diagnostic or troubleshooting activities as requested to resolve the issue. Please be are that it is you, not us, who will be responsible for monitoring your use of the Services. Contact us immediately if you encounter any issue.

Monthly Uptime

Monthly Uptime is calculated as follows:

1. Start with the Total Minutes in the Service Period: This is the total time available in the period you are measuring, such as a month.
2. Subtract the Total Downtime: This includes all the minutes during the period when the service was not available, except for Excused Downtime.
3. Subtract Excused Downtime: These are the minutes of downtime that are exempt from the uptime calculation, such as scheduled maintenance.
4. Subtract any Delays in Response Times: If there were delays in addressing issues beyond the scheduled response times, subtract these minutes too.
5. Divide the Result by the Total Minutes in the Service Period: This gives you the proportion of time the service was up and running.
6. Multiply by 100 to get a Percentage: This final percentage represents your service uptime for that period.

For example, in a Service Period, the Service was not available for 30 minutes, but half of which was Excused Downtime. There was no delay in Response Time. The Monthly Uptime was therefore: 100 x (43,200 Minutes – [30-15] / 43,200 = 99.9653%.

Service Credits

If the Monthly Uptime for a Service is less than the Uptime Guarantee during the Service Period, we will compensate you with a dollar credit against the next monthly Fees for such Service that did not meet the Uptime Guarantee.

• Less than 99.99% but equal to or greater than 99.0% = 10% Service Credit Percentage
• Less than 99.0% but equal to or greater than 95.0% = 25% Service Credit Percentage
• Less than 95.0% = 100% Service Credit Percentage

To receive Service Credits, you must submit a request for Service Credits within 30 days from the time that the Downtime occurred by sending us an email at post@centoba.com from your Designated Email Address.

The request must include:

• The words “Service Credit Request” in the subject line
• The dates, times, and affected Services of each claimed Downtime incident
• Your request logs that document the errors and corroborate the claimed Downtime

Your failure to provide the requested and other information as required above will disqualify you from receiving a Service Credit. If we confirm that the Downtime is covered and Service Credit Request is valid, we will issue the Service Credit within sixty (60) days following the month of confirmation.

The Service Credits will be added to your Account. The Service Credits may not be transferred or added to any other account. The Service Credits will be applied only against future Fees otherwise due from you for the same Service that did not meet the Uptime Guarantee.

At our discretion, we may issue the Service Credit to the credit card you used to pay for the Fees. If your Account or your use of the Service is terminated before a Service Credit is applied, used, or credited, the Service Credit will be forfeited.

There are a few limitations:

• The Service Credits may not exceed the total Fees that you have paid to us for the Service during the month when the Service did not meet the Uptime Guarantee
• A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD)
• Service Credits may not be aggregated, and Service Credits will not be paid in cash
• Service Credits will not entitle you to any refund or other payment from us

Sole Remedy and Compensation

Unless otherwise provided in the Terms of Service, this SLA sets forth your sole and exclusive remedies, and our sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Services.

Changes to the SLA

We may make changes to this SLA from time to time. When these changes are made, we will make a new copy of this SLA available at this page. We will also notify you of any substantial changes to your Designated Email Address, and give you the opportunity to terminate your use of the Services should you not agree with these substantial changes.

You understand and agree that if you use the Services after the date indicated in the said email, we will treat your use as acceptance of the updated SLA.