@JaredBusch Right, that makes since.
Here is UpCloud's SLA just for reference.
Service Level Agreement
Scope. This service level agreement (âSLAâ) is an integral part of the Contract between UpCloud and the Customer.
Service Guarantee. UpCloud will guarantee 100% virtual server and network availability to the Customer. The network will be deemed available if UpCloudâs routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, UpCloud shall offer compensation to the Customer.
Scheduled Interruptions. UpCloud will notify the Customer by e-mail or on UpCloudâs website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which UpCloud may deploy without prior notice.
Error Notifications. In case of an interruption in the Services, the Customer has to notify UpCloud by e-mail to [email protected]. The interruption is deemed to begin when the failure starts to affect the Customerâs use of the Services, and to end when the failure has been corrected. UpCloud will notify the Customer about the correction of the failure.
Payment of Compensation. When a failure in the Services has been corrected, UpCloud will offer the Customer compensation which the Customer may reclaim within 15 days. The compensation will be paid to the Customerâs service account in the form of credits and may not be exchanged for cash or other forms of payment.
Amount of Compensation. The amount of compensation will be 50 times UpCloudâs charges for the Services allocated for the period of the interruption of the Services. The maximum amount of compensation for an individual interruption is 100% of UpCloudâs charges for the Services during 30 calendar days preceding the interruption. The total sum of aggregated compensations cannot exceed 250% of UpCloudâs charges for the Services during 30 calendar days preceding the latest interruption.
Sole Remedy. The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, UpCloudâs decision on the issue will be binding and final.
Exemptions from Service Guarantee. The following situations will be exempt from UpCloudâs service guarantee:
- Scheduled interruptions
- Failures caused by errors in third party software utilized in the Services
- Failures in products or services which are not included in the Services
- Failures caused by the Customerâs actions contrary to user instructions or resulting from the Customerâs operating systems or application software used within the Services
- Violations of UpCloudâs acceptable use policy
- Failures due to hostile actions by third parties such as denial-of-service attacks
- Interruptions resulting from law and public authority enforced activities
- Customer does not have sufficient pre-paid balance on the Customerâs service account for the use of the Services at the time of the interruption in the Services.
No compensation will be payable to the Customer during a free-of-charge trial period.