LetsCloud Inc. - Service Level Agreement (SLA)
This Service Level Agreement ("SLA") is a policy governing the use of the cloud computing services ("Services") provided by LetsCloud Inc. ("LetsCloud", "we", "us") under the terms of the LetsCloud Terms of Service (the "ToS") between LetsCloud and users of our Services ("you" or "Customer").
This SLA applies separately to each account using the Services. Unless otherwise provided herein, this SLA is subject to the terms of the ToS, and capitalized terms will have the meaning specified in the ToS. We reserve the right to change the terms of this SLA in accordance with the ToS.
1. Definitions
-
"Service Availability" or "Monthly Uptime Percentage" is the percentage of total time during a calendar month that the LetsCloud infrastructure is available for a given running Virtual Machine instance. It is calculated as follows: Service Availability (%) = ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) × 100
-
"Downtime" is the total number of minutes within a calendar month during which a running Virtual Machine instance has no external connectivity. Downtime is measured in one-minute increments, from the time an instance's loss of external connectivity is confirmed by our monitoring systems until connectivity is restored.
-
"Affected Service(s)" refers to the specific Virtual Machine instance(s) that were subject to Downtime.
-
"Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Example:
If a 30-day month has 60 minutes of downtime:
- Total Minutes = 30 × 24 × 60 = 43,200
- Downtime = 60 minutes
Service Availability = ((43,200 - 60) / 43,200) × 100 = 99.86%
2. Service Commitment
LetsCloud will use commercially reasonable efforts to ensure a Service Availability of at least 99.95% during any monthly billing cycle.
3. Service Credits
If the Service Availability for any Affected Service drops below our 99.95% commitment in a given calendar month, you may be eligible to receive a Service Credit as follows:
Monthly Uptime Percentage | Service Credit Percentage |
---|---|
< 99.95% but ≥ 99.0% | 10% |
< 99.0% | 25% |
Service Credits are calculated as a percentage of the total charges paid by you for the Affected Service(s) for the monthly billing cycle in which the Downtime occurred.
4. Credit Request and Payment Process
To receive a Service Credit, you must submit a claim by opening a support ticket in the LetsCloud control panel. To be eligible, the credit request must:
- Be received by us within thirty (30) days from the time the Downtime occurred.
- Include "SLA Credit Request" as the subject of the support ticket.
- Include the dates, times, and unique identifiers (e.g., VM ID, IP Address) of the Affected Service(s).
- Include logs or any other data that documents the claimed outage (any confidential information in these logs should be removed).
If the Monthly Uptime Percentage of such a request is confirmed by us and is less than 99.95%, we will issue the Service Credit to your account within one billing cycle following the month in which your request is confirmed.
Service Credits are not refunds, cannot be exchanged for cash, are capped at 100% of the monthly fee for the Affected Service(s), and may only be used on future billing cycles.
This Service Credit and payment procedure shall be your sole and exclusive remedy for any Downtime or failure by LetsCloud to meet the Service Commitment.
5. SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension, or termination of Services, or any other Services performance issues:
- That result from a suspension or termination described in the LetsCloud Terms of Service.
- Caused by factors outside of our reasonable control, including any force majeure event (e.g., natural disaster, war, acts of terrorism, riots, government action) or Internet access or related problems beyond the demarcation point of the LetsCloud network.
- That result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume or misconfiguring security groups, network settings, or firewall rules.
- That result from your equipment, software, or other technology and/or third-party equipment, software, or other technology (other than third-party equipment within our direct control).
- Arising from Scheduled Maintenance, for which we will provide at least 48 hours' advance notice.
- Arising from emergency maintenance required to protect the integrity or security of our platform (we will provide as much notice as is commercially practicable).
- Resulting from your use of alpha, beta, or other pre-general-availability services.
6. Modifications
We reserve the right to modify this SLA at any time. Any changes will be posted on this page and will be effective for the billing cycle following the modification.