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SLA – Dedicated Server

Service Level Agreement – Dedicated Server

The remedies set forth in this SLA are your sole and exclusive remedies for any failure of the service.

Guarantees

99.9% network uptime

Remedies

Service credits: three times (3x) the period in excess of this guarantee.

The maximum refund for a month is 50% of the monthly subscription charge.

Definition of Terms

  • “Uptime”
    The period the Service is accessible for the User. In the event the Service is not accessible for the User as a result of circumstances on the User’s side (e.g. no internet connection, failing customer’s hardware), such period will be considered a period of Uptime;
  • “Incident”
    An event whereby the Service is not operating as expected (including a Defect), and (if raised by the client) notified to Dataplugs as detailed herein;
  • “Maintenance”
    means Scheduled Maintenance and Emergency Maintenance;
  • “Emergency Maintenance”
    means maintenance, upgrades, updates, repairs to hardware and software related to resolving immediate problems causing instability in the Services;
  • “Scheduled Maintenance”
    means the planned and/or scheduled and/or preventative maintenance (Company notifies clients at least 2 weeks in advance);
  • “Business Day”
    means Monday to Friday excluding any public holiday in Hong Kong;
  • “Office Hours”
    means 09:00 to 18:00 UTC+08:00;

Ticket Response Time

Dataplugs guarantees live technical support 24/7, 365 days a year. We are committed to providing rapid and efficient technical assistance, with response times measured in minutes. We also guarantee a maximum response time of 4 hours for any new support request (6 hours outside office hours).

Response times are measured from the moment a ticket is created in our helpdesk until an engineer logs an initial response. This response typically includes the findings from the engineer’s preliminary investigation into your issue. Our technical experts strive to resolve all issues as quickly as possible.

If multiple tickets are opened for the same issue or closely related problems, we may merge them into one. Any such redundant tickets will be closed and excluded from this guarantee.

Server Hardware Replacement

Dataplugs guarantees the functioning of all hardware, including servers, CPU’s, cabling and associated server hardware, firewalls, load balancers, and storage area networks, and will replace any failed component at no cost to client within four hours following Dataplugs’s receipt of client’s support ticket concerning the hardware issue and Dataplugs’s identification of the failed hardware (the “Replacement Guarantee”). “Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. The Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to hardware during Maintenance.

Power and HVAC Availability

Dataplugs guarantees that its power and HVAC systems will be available 100% of the time in a given month, excluding Maintenance, as defined below. “Infrastructure Downtime” means: (a) the Dataplugs power or HVAC systems are not available and (b) Client submits a Dataplugs support ticket detailing the unavailability of the Dataplugs power or HVAC systems resulting in client downtime. Infrastructure Downtime does not include downtime issues related to power supplies on client’s servers, load balancers, or switches.

Service Credit Conditions

A refund for failure to achieve the service levels will NOT be payable where such failure is a result of the scheduled service or maintenance of any of Dataplugs’s equipment which affects the uptime of the service.

A refund for failure to achieve the service levels will (without limitation) NOT be payable where such failure is caused by any of the following:

  • A failure in the client’s Internet Services Provider (ISP) or Local Area Network;
  • Any failure of China’s local end circuit;
  • Any failure of Hong Kong’s local end circuit;
  • Any act of God which results in the failure of the service;
  • Failure of scripts provided by the client;
  • “Hacking” or other security lapse on the client’s servers or networks;
  • Computer virus attacks from external sources via the Internet;
  • Failure of software configuration;
  • Server overloading (e.g. CPU usage above 85% for a certain period of time)
  • Mail “bombs” or mail “spamming” (unsolicited e-mails) on the client’s servers.

Dataplugs shall not be liable for any consequential or indirect loss or damage of the client (Subscriber) caused by the failure of service.

To request for service credits must be submitted in writing to our billing department within 2 business days of the related incident. You must open a support case during the failure in question, including detailed information about the problem experienced and steps to reproduce the error symptoms. In most circumstances this will be considered as the start time for the downtime.

Service credits are non-transferable and may only be applied to future service delivery on the account they’re issued to, and cannot be exchanged for cash or other forms of payment. Any outstanding or previously accrued service credits will be forfeited upon cancellation of the Customer’s account.