Service Level Agreement (SLA)
This Service Level Agreement ("SLA") describes Arcustech's availability commitment for covered Virtual Server services and is incorporated by reference into our Master Service Agreement ("MSA"). Unless otherwise defined here, capitalized terms have the meanings given to them in the MSA.
Service Commitment
Arcustech provides Virtual Server services using a combination of Arcustech-operated infrastructure and third-party infrastructure providers. Our availability commitment applies to the Virtual Server service delivered to you and does not constitute a separate guarantee regarding the performance or availability of any particular physical server, hardware platform, data center facility, network carrier, power system, cooling system, storage system, virtualization platform, or infrastructure provider used to deliver the service.
During a service interruption, Arcustech's primary objective is restoring customer services as quickly as reasonably practical. Arcustech may use any reasonable restoration method, including infrastructure repair, hardware replacement, virtual machine migration, platform migration, temporary recovery infrastructure, or restoration from available backup systems. This SLA does not guarantee a particular repair method or restoration timeframe.
Monthly Availability Commitment
Arcustech provides a 99.9% Monthly Availability Commitment for each covered Virtual Server. Availability is measured during each monthly billing period using the total number of minutes in that billing period, less any Qualifying Downtime as defined below.
Monthly Availability is calculated as: (Total Monthly Minutes - Qualifying Downtime) / Total Monthly Minutes x 100.
Qualifying Downtime
Qualifying Downtime is a period during which a covered Virtual Server is unavailable because of a failure of the hosting infrastructure used by Arcustech to provide that Virtual Server.
Qualifying Downtime begins when the interruption is confirmed by Arcustech's monitoring systems or when Arcustech confirms a customer-reported infrastructure interruption. Qualifying Downtime ends when the affected Virtual Server has been restored to normal network availability.
Arcustech may consider relevant customer-provided evidence when reviewing an interruption, but Arcustech's monitoring data, infrastructure records, and operational logs will be used to determine the duration and cause of Qualifying Downtime.
Events Not Considered Qualifying Downtime
The following events are excluded from Monthly Availability calculations and do not qualify for SLA credits:
- Scheduled maintenance for which reasonable advance notice has been provided.
- Emergency or urgent maintenance reasonably necessary to protect the security, integrity, stability, or reliability of the Services.
- Maintenance, reboots, migrations, configuration changes, or other work requested or approved by you.
- Failures or unavailability caused by your operating system, applications, code, databases, software, configurations, or other customer-managed components.
- Resource exhaustion or resource limitations within your Virtual Server, including CPU, memory, disk space, disk I/O, inode, process, or bandwidth limitations.
- Failures involving DNS, CDN, proxy, firewall, external monitoring, third-party application services, or other services not operated as part of the Arcustech hosting infrastructure.
- Internet routing or connectivity conditions occurring outside the infrastructure used by Arcustech to provide the affected Virtual Server.
- Denial-of-service attacks, distributed denial-of-service attacks, malicious traffic, hacking attempts, viruses, or other hostile activity.
- Suspension or restriction of Services permitted under the Agreement, including suspension for nonpayment, security concerns, abuse, or violations of the Acceptable Use Policy.
- Your acts or omissions, or those of your employees, contractors, users, customers, or other persons to whom you have provided access to the Services.
- Events excluded under the Force Majeure provisions of the Master Service Agreement.
- Any Virtual Server operating on an operating system classified by Arcustech as Retired and therefore no longer covered by Arcustech support or service SLAs.
Service Credits
If the Monthly Availability for an affected Virtual Server falls below the 99.9% Monthly Availability Commitment, you may request a Service Credit based on the total cumulative Qualifying Downtime for that Virtual Server during the applicable monthly billing period, according to the following schedule:
| Cumulative Qualifying Downtime per Billing Month | Service Credit |
|---|---|
| Within the 99.9% Monthly Availability Commitment | No Credit |
| Exceeds the 99.9% availability allowance, up to and including 6 hours | 10% of the affected Virtual Server Fees |
| More than 6 hours, up to and including 12 hours | 25% of the affected Virtual Server Fees |
| More than 12 hours, up to and including 18 hours | 50% of the affected Virtual Server Fees |
| More than 18 hours, up to and including 24 hours | 75% of the affected Virtual Server Fees |
| More than 24 hours | 100% of the affected Virtual Server Fees |
All periods of Qualifying Downtime affecting the same Virtual Server within a monthly billing period are combined to determine the applicable credit tier. Only the single highest applicable tier is awarded for that Virtual Server during the billing period; credits for separate interruptions are not added together. Downtime is measured in whole minutes, with any incomplete minute disregarded for credit-tier purposes.
Virtual Server Fees means the recurring base monthly fee for the affected Virtual Server, excluding charges for additional IP addresses, additional storage, bandwidth, backup services, software licenses, SSL certificates, domain names, Supplemental Services, taxes, and other add-ons or non-recurring charges.
Requesting a Service Credit
Service Credits are not issued automatically. To request a credit, you must submit a support ticket through the Arcustech Dashboard within ten (10) calendar days after the applicable downtime event. The request should identify the affected Virtual Server and the approximate date and time of the interruption. Arcustech will review relevant monitoring data, infrastructure records, operational logs, and any supporting information you provide to determine whether the interruption qualifies under this SLA.
Service Credit Limitations
Service Credits are intended as a reasonable estimate of the impact of service unavailability and are not a penalty.
- You are not eligible for Service Credits while you are in breach of the Agreement, including while amounts owed to Arcustech are past due, until that breach has been cured.
- Service Credits apply only to the affected Virtual Server or Virtual Servers and only to the monthly billing period in which the Qualifying Downtime occurred.
- Service Credits are applied to future invoices as account credits and are not issued as cash, refunds, or direct payment reversals.
- Service Credits have no cash value and are not transferable between customer accounts.
- A single period of Qualifying Downtime may not be counted more than once or used to obtain multiple credits under this SLA.
- Under no circumstances will aggregate Service Credits arising from any event or combination of events exceed one hundred percent (100%) of one month's recurring Virtual Server Fees for the affected service configuration. This maximum applies regardless of the number, nature, duration, or combination of qualifying interruptions.
- The Service Credits described in this SLA are your sole and exclusive remedy for Virtual Server unavailability and do not expand Arcustech's liability beyond the limitations contained in the Master Service Agreement.
Definitions
- Virtual Server: A unique virtual machine instance provided as part of an Arcustech Hosting Service.
- Monthly Availability: The percentage of time during a monthly billing period that a covered Virtual Server is available after subtracting Qualifying Downtime.
- Qualifying Downtime: Confirmed Virtual Server unavailability caused by a failure of the hosting infrastructure used by Arcustech to provide that Virtual Server, excluding the events identified in this SLA.
- Service Credit: A credit applied to a future Arcustech invoice when Monthly Availability falls below the commitment stated in this SLA and all eligibility requirements have been satisfied.
- Virtual Server Fees: The recurring base monthly fee for the affected Virtual Server, excluding additional services, add-ons, taxes, and non-recurring charges as described above.
Relationship to the Master Service Agreement
This SLA forms part of the Agreement described in the Master Service Agreement. The MSA contains additional terms governing the Services, including limitations of liability, warranty disclaimers, force majeure, backup responsibilities, suspension and termination rights, and the procedures governing amendments to the Agreement. Revisions to this SLA become applicable as provided in the MSA's Changes to Agreement Documents provisions. Nothing in this SLA increases Arcustech's aggregate monetary liability beyond the limits stated in the MSA.
Last Modified On: Oct 15th, 2026