Service Level Agreement

Legal Agreements

SERVICE LEVEL AGREEMENT

KickAssVPS.com is committed to providing the highest quality hosting service to all customers. To support this commitment, KickAssVPS.com gives the following service level guaranties and observes the following schedule of penalties for any failure to meet those guarantees.

Availability

KickAssVPS.com guarantees 99.5% Service Availability, measured on a calendar month basis.

Note: service unavailability caused by denial of service (DoS) attacks, extreme amounts of traffic in a short period of time, and/or other denial of service techniques is not included in uptime/downtime calculations (see below).

Server Infrastructure Unavailability

KickAssVPS.com monitors the infrastructure as a whole, but does not monitor individual servers unless specifically designated by the customer. Server unavailability caused by denial of service attacks, extreme amounts of traffic in a short period of time, and/or other Denial of Service techniques is not included in uptime/downtime calculations.

Please note: server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond KickAssVPS.com control including, but not limited to DoS attacks, extreme amounts of traffic in a short period of time, and/or other forms of intrusion are excluded from the uptime/downtime calculations.

Network Availability

Service unavailability resulting from network unavailability will not be included in the Service Availability calculation. Network unavailability is defined as KickAssVPS.com inability to pass incoming and outgoing TCP/IP traffic, including but not limited to backbone problems, problems on the customer’s portion of the network, interruptions of service caused by denial of service or similar attacks or other forms of intrusion.

Hardware Failure

In the event of a KickAssVPS.com server hardware failure, KickAssVPS.com shall replace or repair hardware within twenty-four hours of KickAssVPS.com’s determination that this hardware has failed. Such hardware failure, and repair and replacement of the hardware and the associated downtime shall not affect the Service Availability calculation.

Scheduled Maintenance

To guarantee optimal performance of the infrastructure, it is necessary for KickAssVPS.com to perform routine maintenance on the hosting servers. Such maintenance often requires taking KickAssVPS.com servers offline, typically performed during off-peak hours.

KickAssVPS.com will give you advance notice of maintenance requiring the servers to be taken offline whenever possible. KickAssVPS.com reserves 2 hours of service unavailability per month for maintenance purposes. Such unavailability is not included in the Service Availability calculation.

Refund for Non-compliance - Infrastructure Availability

For each .1% of service availability falling below the guaranteed 99.5% uptime guarantee, upon your notification (described below), KickAssVPS.com will provide you with a credit in the amount of 10% of that month’s paid regular service charges.

To receive the credit as per our hosting service level agreement you must send a request with your account IP, including all dates and times of server unavailability, to support@kickassvps.com, in the month immediately following the month for which the refund is requested.

KickAssVPS.com will then compare the information provided by you to the server availability monitoring data KickAssVPS.com maintains and notify you of the issuance of any credit. A credit is issued if the unavailability warranting the refund is confirmed by KickAssVPS.com server monitoring data.

Maximum Total Refund

In accordance with our hosting agreement the total refund to you for any account may not exceed 50% of the monthly fees paid for that account during the month for which the refund is to be issued.