Service Level Agreement

Updated on: April 17, 2024.

Hivium provides an industry leading product, and is pleased to support it with this Service Level Agreement (“SLA”).

1. Introduction

  1. This SLA is an addendum to and hereby incorporated into the Terms of Service. Terms not defined in this SLA have the definitions set out in our Terms of Service. The remedies set out in this SLA are Customer’s sole and exclusive remedy for issues covered by the SLA. If there is a conflict between this SLA and the Terms, the Terms shall control. 
  2. Updates to the SLA. We reserve the right to make changes to this SLA at any time at our sole discretion. If we make changes to this SLA, we will provide notice of such changes by revising the date at the top of this SLA. Your continued use of the Services following notification of changes will constitute your acceptance of such changes. Please periodically review this SLA and check for any updates.

2. Definitions

  1. Necessary Services” means the portions of the Services that must be operational in order for a Customer Application hosted on our platform to be accessible over Hypertext Transfer Protocol (HTTP) or Hivium-provided network connections, as applicable. The Necessary Services do not include any Third-Party Services, our control panel, our support system, our website, SSH / SFTP / phpMyAdmin access, Beta Services, add-on Services, bandwidth, or any other portion of the Services that is not strictly necessary in order for Customer Applications to remain accessible.
  2. Signup Date” means the date on which you subscribe to a prepaid Service.
  3. Billing Date” means the same numerical date as the Signup Date in each month after the Signup Date.  For example, if the Signup Date is September 6, then the next Billing Date will be October 6.
  4. Monthly Billing Period” means the time period from the Signup Date until the day before the first Billing Date, and from each Billing Date until the day before the next Billing Date.  For example, if the Signup Date is September 6, then the Monthly Billing Period is September 6 through October 5, and the next Monthly Billing Period is October 6 through November 5, etc.
  5. Downtime” means any period of time in which the Necessary Services are unavailable to the Customer during any Monthly Billing Period, calculated separately for each Service to which a Customer is subscribed.
    1. For any single Service subscription that includes multiple Customer Applications (e.g., a single Managed WordPress Hosting plan subscription which includes multiple websites), if multiple Customer Applications experience Downtime simultaneously, the duration of Downtime shall not be increased based on the number of Customer Applications experiencing Downtime.
  6. Maintenance Period” means each day Monday through Sunday, 2 am to 5 am, local time, based on the time zone of the data center in which each Customer Application is hosted.
  7. Monthly Subscription Value
    1. For CloudSites, Managed WordPress, & Managed WooCommerce subscriptions means:
      1. For Customers on a monthly billing cycle: the Fee paid for the hosting plan subscription.
      2. For Customers on an annual billing cycle: the Fee paid for the hosting plan subscription divided by 12.
      3. If you switch hosting plans during the Monthly Billing Period, your Monthly Subscription Value shall be prorated based on the amount of time spent on each plan during the Monthly Billing Period. 
    2. For VPS, Cloud VPS, Managed Cloud, Dedicated Servers, HyperCDN means: the actual amount invoiced during the Monthly Billing Period for each distinct Service.
    3. The Monthly Subscription Value excludes any other fee or amount, such as, but not limited to, paid add-ons, overages, build time, bandwidth, and migration fees.
  8. Uptime Guarantee” means the Necessary Services will be available at least 99.99% of the time during each Monthly Billing Period.
  9. SLA Credit” means the credit as described in this SLA which is added to a Hosting Plan and applied to subsequent invoices.

3. How SLA Credits Will Be Calculated

  1. If Downtime exceeds 4 minutes and 21 seconds (0.01% of the amount of time in a normal 30-day/43,200 minute period) it shall be determined that the Uptime Guarantee was not met.
  2. If we fail to meet the Uptime Guarantee, upon request you will receive SLA Credits as described below:
    1. For CloudSites, Managed WordPress Hosting, & Managed WooCommerce plan subscriptions, you will receive SLA Credits equal to five percent (5%) of your Monthly Subscription Value for each full hour (60 minutes) of Downtime. Downtime shall be calculated based on our monitoring. For example purposes only:
      1. If Downtime is 59 minutes, you will not receive any SLA Credit.
      2. If Downtime is at least one hour and less than two hours (60-119 minutes), then you will receive SLA Credit equal to 5% of your Monthly Subscription Value on your next invoice.
      3. If Downtime is at least two hours hours and less than three hours (120-179 minutes), then you will receive SLA Credit equal to 10% of your Monthly Subscription Value on your next invoice.
    2. For all VPS, Cloud VPS, Managed Cloud, Dedicated Servers, HyperCDN subscriptions, you will receive SLA Credits equal to ten times the amount of your bill which is attributable  to the Downtime.
      1. If Downtime is 5 minutes, you will not receive any SLA Credit.
      2. If Downtime is 5 minutes or longer, then you will receive SLA Credit equal to ten times the amount of your bill which is attributable to the Downtime.
  3. SLA Credits will not exceed the Monthly Subscription Value for the month in which we failed to meet our Uptime Guarantee.

4. How You Will Receive SLA Credits

  1. In order to receive SLA Credits you must submit a request for SLA Credits within 30 days of Downtime using the ticket system on Hivium Customer Portal. 
  2. SLA Credits shall be added to your Hosting Plan and applied to future invoices and will not be paid in cash.  
  3. If your Hosting Plan or Agreement terminates before the SLA Credit is applied or used, you will not receive the SLA Credit.

5. When You Will Not Receive SLA Credits

Downtime caused by any of the following circumstances, as determined at our sole discretion, shall not be included in Downtime and shall not be eligible for SLA Credit:

  1. Any maintenance performed during the Maintenance Period,
  2. Emergency maintenance performed at any time,
  3. Scheduled outages,
  4. Force majeure events, including but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disaster), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanction, blockage, embargo, and other governmental action), labour disputes (strike, lockout, or any similar dispute), failure of power sources, outages caused by external service providers, and any other event which we cannot reasonably anticipate, prevent, control, or avoid,
  5. Traffic, requests, processes, or other activity affecting a Customer Application that exceeds the capabilities of the Customer Application, the Customer’s hosting plan, or the Services,
  6. Customer breach of the Terms of Service or any other policies, terms, or agreements applicable to Customer, 
  7. Customer machine access problems, 
  8. Customer authored code, 
  9. Any configurations made by the Customer, including configuring any Customer Application such that it may experience downtime when another Customer Application experiences downtime,
  10. Changes to the Services by parties other than Hivium.
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