I. Definitions
The following terms have the following meanings:
- Company – an entity as defined by the Cooperation Regulations or Portal Regulations.
- Partner – an entity as defined by the Cooperation Regulations or Portal Regulations.
- Business Day (BD) – a day occurring from Monday to Friday, excluding statutory holidays.
- Response Time – the period between the Partner reporting a malfunction and the Company's response acknowledging the report and commencing actions aimed at qualifying the malfunction according to the appropriate priority.
- Repair Time – the duration during which the Company rectifies the malfunction, calculated from the moment of informing the Partner about the qualification of the malfunction according to the relevant priority.
- Virtual Infrastructure – services provided by the Company as stipulated in the Cooperation Regulations or Portal Regulations.
II. Subject and Purpose of the Agreement
- The purpose of this Service Level Agreement (SLA) is to define parameters related to the provided hosting service and Virtual Private Server (VPS) service (hereinafter referred to as the "Service") as well as to monitor the actual delivered level of quality.
- The objective of the SLA is also to establish the rules of interaction between the Company and the Partner. This SLA constitutes an integral part of the Agreement concluded between the Partner and the Company, on the terms specified in the Cooperation Regulations. The discussed SLA applies separately to each Partner and each concluded Agreement.
- The Partner must read and accept all the conditions outlined in this Agreement.
- The Company may modify this Agreement at any time by publishing the revised version on its website.
- Changes made to the SLA or a new SLA – replacing the previous one – come into effect indefinitely or until the introduction of another change or replacement, from the moment of their publication on the Company's website. However, in this case, the Partner has the option to terminate the Agreement, according to the provisions stipulated by it, within thirty days from the effective date of the changes and/or the new SLA.
III. Duration of the SLA Agreement
This SLA comes into effect for a specified period for each Partner from the moment of the conclusion of each Agreement and expires with the termination of the respective Agreement.
IV. Continuity of Operations
- The Company undertakes to make every possible effort to ensure the maximum availability of the virtual infrastructure allocated to the Partner and, at the same time, adhere to the following continuity of operations parameters:
- Uptime 99.95% annually, related to the availability of physical units (servers) containing the virtual infrastructure.
- The absence of virtual infrastructure operation for the entire duration exceeding the uptime parameters guaranteed by the Company – resulting from the failure and/or abnormalities of the aforementioned physical units (servers) causing improper functioning, depending on its duration, constitutes the basis for compensation in accordance with the provisions of this document.
- Service recipients are entitled to the quality standard of protection as stipulated in the SLA.
- The Company provides service support at an optimal standard of protection during the following hours:
- Service support is provided on Business Days from [hours] to [hours].
- The Response Time and Repair Time in the adopted standard of protection are:
- Response Time: ... hours.
- Repair Time: ... Business Days.
- Network availability is defined as the Company's network's capability to handle incoming and outgoing TCP/IP traffic. Server unavailability caused by network unavailability is not included in the server's uptime. Service interruptions due to issues in the backbone network or parts of the network owned by the Partner are beyond the Company's control and are not considered in availability calculations. Service interruptions caused by service denial or similar attacks are beyond the Company's control and are not considered in uptime calculations.
- To ensure optimal server performance, the Company will routinely conduct server maintenance. Such maintenance often requires the Company's servers to be temporarily disconnected from the network. The Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not considered in server uptime calculations. Maintenance is typically performed outside peak hours. The Company notifies the Partner in advance of any scheduled maintenance whenever possible.
V. Detection of Failures and/or Abnormalities
- Any failures and/or malfunctions of the Customer Panel, through which the Service is provided, as well as physical units (servers) containing the virtual infrastructure, are reported by the Partner using the submission form on the Company's website or via email. For compensation consideration, only malfunctions confirmed by the Company's monitoring system are taken into account.
- Failures and abnormalities can be reported by the Partner to the Company's Customer Support Office 24 hours a day. Each received report is promptly forwarded to the technical department, strictly adhering to the order of their receipt.
- The Company conducts monitoring using specialized software to detect potential failures or abnormalities, signaling them in real-time to the support department, operating 24/7/365.
- Any user utilizing the service is entitled to report malfunctions.
- The qualification of malfunctions is carried out according to the priority table:
- Inability to perform essential operations, such as:
- Inability to log in to the system.
- Inability to perform a specific service-related operation.
- Minor impact on conducting business operations.
- No impact on the conduct of essential business operations, for example, issues with individual services requiring minor adjustments to some functionalities.
- Inability to perform essential operations, such as:
- The Company is authorized to change the email address for reporting malfunctions. Information about changes is provided in advance, in written or electronic form, to the person designated in the Agreement.
- Upon receiving a malfunction report, the Company takes steps to qualify the malfunction according to the relevant priority and informs the Partner electronically about the acceptance of the report and the qualification made. The Company qualifies the malfunction within 24 hours from the moment of acknowledging the report.
- If additional information, access to data, or collaboration with the Partner is necessary for actions aimed at qualifying the malfunction according to the relevant priority, the Company will contact the Partner. The Response Time extends based on the Partner's actions.
- After qualifying the malfunction according to the relevant priority, the Company proceeds to rectify the malfunction within the Repair Time.
- The removal of the malfunction takes place primarily through:
- Restoring the Service to its state before the occurrence of the malfunction.
- Bringing the Service back to functioning in a manner consistent with its intended purpose.
- In situations where necessary, restoring data and configuration files from backup copies.
- In the event that the Company determines that the malfunction is caused by factors beyond the Provider's control, especially factors attributable to the Service Recipient or third parties for whom the Company is not responsible, the Company informs the Partner about it and refrains from carrying out service activities.
VI. Limitations Regarding the Application of the SLA Agreement
Below are the conditions under which, despite any potential malfunction of the service, no compensation is provided for the Partner under the SLA:
- Causes of force majeure - events that objectively prevent the Company's employees from intervening in activities specified in the Agreement that are to be performed by the Company (only as an example and not exhaustively): strikes and demonstrations blocking transportation routes; road accidents; wars and acts of terrorism; natural disasters, such as floods, storms, hurricanes, etc.
- Extraordinary interventions that must be urgently performed, according to the Company's unequivocal opinion, to avoid threats to the security and/or stability and/or confidentiality and/or integrity of the virtual infrastructure and data and/or information contained therein. If such actions are to be taken, the Partner is notified by the Company with at least a 48-hour notice through an email sent to the address provided by the Partner in the submitted order or at the commencement of the discussed operations, in each case, as soon as possible.
- Unavailability or blocking of the virtual infrastructure allocated to the Partner caused by:
- Improper use, incorrect configuration, or the command to shut down, consciously or unconsciously executed by the Partner.
- Defects and malfunctions of third-party supplied application/management software.
- Failure to comply with or breach of the Agreement by the Partner.
- Failures or malfunctions of the Service, as well as failure to remove or delays in their removal, treated as non-compliance with the Agreement or its breach by the Partner or improper use of the Service.
- Failure to connect the virtual infrastructure to the public network at the Partner's will or caused by the Partner.
- Causes leading to a total or partial lack of access to the virtual infrastructure caused by internet network failures outside the Company's area, thus beyond its control (only as an example and not exhaustively).
VII. Settlements and Other Inquiries Related to the Account
Any inquiries regarding the Company's settlements for its services should be directed via email to hello@gtmedia.world.
- Any inquiries regarding the resale of the Company's services, purchasing new accounts, and available discounts should be directed to the aforementioned email addresses.
VIII. Online Tools
- The Partner receives specific online tools, and the Company expects them to use these tools to perform all available tasks related to managing accounts and servers.
- These tools, along with documentation and account management assistance, are available in the user panel on the Portal. If the Partner encounters difficulties in using these tools, the Company's technical support staff will assist them in learning how to use these tools. However, technical support staff is not expected to perform tasks for the Partner that can be accomplished using the available tools.
IX. Penalty for Non-Compliance
- Hosting Service Availability
1.1. Upon notification by the Partner, if the service availability in a given month falls below the guaranteed level, the Company will refund the Partner, according to the schedule below, a portion of the monthly fees charged for the month in which such loss of availability occurred:- Server availability 99.0% – 99.9%: 5% of the monthly fee charged.
- Server availability 98.0% – 98.9%: 10% of the monthly fee charged.
- Server availability 95.0% – 97.9%: 15% of the monthly fee charged.
- Server availability 90.0% – 94.9%: 25% of the monthly fee charged.
- Server availability 89.9% or less: 2.5% charged for each 1% loss of availability.
1.2. To receive a refund, the Partner must explicitly request it within the month following the month for which the refund is sought. The Partner must provide all dates and times of service unavailability along with the account username. This information should be communicated to the Company's Customer Support Office. The Company will compare the provided information with the service availability monitoring data it stores. Refund occurs upon confirmation of the justifying unavailability.
- Maximum Penalty Amount
The total refund to the Partner for any Service cannot exceed 50% of the monthly fees charged for that Service in the month for which the refund is to be issued.