Service Level Agreement (SLA)

1. The subject of the agreement

This Service Agreement is an integral part of the contract for the provision of services (hereinafter referred to as the “Agreement” and “Contract”, respectively).

This Agreement determines the procedure and conditions for providing the customer with the established indicators of the level of accessibility of services.

2. Terms and definitions

An Incident is any unforeseen event that causes or can cause an interruption of the provision or reduction in the quality of services.

Request Processing Hours — the time interval during which the Contractor performs maintenance work according to the Customer’s requests. Requests are processed by the Contractor during Working Hours, unless otherwise specified by this agreement.

Response Time is the time from the moment a request is registered until the user receives confirmation that his request has been accepted for processing.

Notification Time — the time interval between successive written messages about the status of the request fulfillment by the Contractor’s specialists.

Incident Resolution Time is the time between the moment of registration of the request by the Contractor and the moment of sending the response to the request for resolution of the incident by the Contractor.

The Main Service is the rental of computing power (dedicated server, IaaS, VPS (virtual servers), as well as Colocation (equipment placement), BaaS, 1C in the cloud, hosting.

Scheduled Works — a set of preventive works to maintain the proper condition of the equipment, network, engineering systems and infrastructure of the Contractor or the Customer. Performed by the Contractor and its contractors.

Urgent Works are a set of unscheduled works that must be carried out promptly to eliminate or prevent various emergency situations and malfunctions of the equipment, network, engineering systems and infrastructure of the Contractor or the Customer. They are carried out by the Contractor and its contractors.

Working Hours: weekdays (Monday, Tuesday, Wednesday, Thursday, Friday, except official holidays according to the legislation of the Republic of Latvia) from 9:00 to 18:00 UTC+2 (Eastern European Time).

Non-Working Hours are weekdays (Monday, Tuesday, Wednesday, Thursday, Friday) from 18:00 to 09:00 UTC+2 (Eastern European Time), weekends (Saturday and Sunday) and holidays (according to the legislation of the Republic of Latvia) from 0:00 to 0:00 UTC+2 (Eastern European Time).

The Reporting Period is a calendar month.

Replacement Equipment is a server that, if necessary, is provided to the Customer while the incident is being resolved.

3. Service level indicators

The provision of the service begins from the moment it is activated by the Contractor. The Contractor provides the Customer with services with availability of no less than the specified indicator given in this agreement.

Availability is measured as a percentage of the service availability time to the total service provision time during the Reporting Period, except for the cases listed in Section 6 of this Agreement.

The agreement regulates the quality and time parameters specified in Table 1.

Service characteristics  Values applicable to all SkyGroup tariff plans 
Availability  99,99+%
Reaction time to requests  30 minutes
Notification time about work progress  1 hour
Time for provision of replacement equipment  Within one working day 
Allocated time for processing scheduled work by technicians in the DC during non-working hours  2 hours
Incident processing time  24/7
Processing time for technical support requests  24/7
Maximum compensation amount  100% of the monthly cost of the unavailable service 

Table 1. SLA

4. Warranties and compensations

If the unavailability of the Services is caused by reasons not specified in Section 5 of this Agreement, the Customer shall be provided with compensation.

Compensation for the unavailability of the Service in the relevant reporting period shall be provided to the Customer solely in the form of a deduction of the compensation amount from the cost of providing the Service for the next Reporting Period. 
Compensation is calculated for a specific unavailable Service based on the time it was unavailable during the Reporting Period (Table 2).

Service unavailability time  Amount of compensation (% of monthly cost of services)
from 44 minutes to 1 hour 30 minutes  5%
From 1 hour 31 minutes to 3 hours  13%
From 3 hours 1 minute to 10 hours  25%
From 10 hours 1 minute to 23 hours 59 minutes  35%
From 24 hours  50%

Table 2. Amount of compensation

By “the beginning of the period of unavailability of the Services” the parties agree to understand the time of registration of the Request from the Customer, which indicates the unavailability of the Service.

The service is considered unavailable from the moment of receiving a Request for unavailability from the Customer until the Contractor sends a response about restoring availability.

Notification of unavailability comes from the Customer by contacting the Contractor’s technical support service at the e-mail address support@skygroup.lv.

To receive compensation, the Customer must, within 14 (fourteen) calendar days from the moment of interruption of the service, send a Request to the Contractor’s technical support service, in which they indicate the period of unavailability of the Services, as well as the desire to receive compensation. The subject line of the application should indicate “SLA Compensation”.

Within 14 (fourteen) calendar days from the date of receipt of the above Request, the Contractor undertakes to provide a response to the Request, which will indicate the conditions for providing the Customer with compensation for the unavailability of the Services or a reasoned refusal to provide it. The amounts of compensation to the Customer are provided in Table 2 of this Agreement.

5. Limitation of warranties

The above warranties are not provided in the event that the unavailability of the service was directly or indirectly caused by: 
 
1) disruption of the functioning of telecommunications networks and/or equipment of third parties; 
2) network attack or unauthorized access by third parties to the Contractor’s equipment; 
3) failure of software developed by third parties; 
4) force majeure circumstances; 
5) failures of software owned or leased by the Customer; 
6) failures of hardware owned by the Customer; 
7) failures of the DNS system beyond the direct control of the Contractor, as well as delays in the distribution of DNS information; 
8) actions of the Customer himself or his authorized persons; 
9) the performance by the Contractor of urgent and planned maintenance work.