Pogodba o ravni storitve (SLA)

In line with the priority goal of PinedCloud Sp. z o.o. to ensure the highest quality of services provided, the company has implemented guarantees concerning the operation of hosting services and the provision of adequate service support. The purpose is to define quality standards, response times to reported failures and compensations for failure to meet the conditions below. The Service Quality Guarantee (Service Level Agreement — SLA) expresses responsibility and care for the best possible performance of entrusted tasks and the trust placed in us.

I. Definitions

Operator — the Internet service provider whose details are indicated in the Agreement or on the websites containing the offer of hosting services, being the publisher of the SLA Document.

Customer — a natural person, legal person or organisational unit without legal personality who has placed an Order or concluded an Agreement.

Agreement — an agreement for the provision of hosting services, the components of which are the Terms and Conditions and the SLA Document.

Terms and Conditions — the “Terms of Hosting Services” made available on the Operator’s websites.

SLA Document — this “Service Quality Guarantee” (SLA — Service Level Agreement).

Network — all devices made available by the Operator to the Customer under the concluded Agreement.

Dedicated hosting service — lease of computer hardware made available by the Operator.

Hosting services — a package of services specified in the Operator’s offer purchased by the Customer.

Failure — lack of visibility of Hosting services outside the Network for longer than 15 minutes.

Technical break — a planned and announced by the Operator, with at least 12 hours’ notice, lack of visibility of Hosting services outside the Network related to the need to carry out maintenance work.

Problem — a problem or enquiry reported by the Customer by telephone or e-mail concerning the operation of the Network or Hosting services.

II. Monitoring of individual Hosting services

The visibility of individual Hosting services for each platform is checked at 5-minute intervals 24 hours a day. The on-duty administrator is immediately notified of any interruption via automatically sent e-mail and SMS messages.

Monitoring of Hosting services aims to ensure an immediate administrator response to undesirable changes and to remove a Failure before it is reported by the Customer. Where the Customer becomes aware of a Failure, the Customer reports the Failure to the Operator.

III. Reporting a Failure or Problem

A Failure or Problem report should include at least:

1. the IP number of the server on which the service runs,
2. the type of hosting service concerned,
3. the login or main domain name of the service,
4. the time of becoming aware of the Failure or a description of the Problem,
5. the full name and telephone number or e-mail address of the reporting person.

Providing all of the above information will help find the cause and remove the Failure efficiently and enable prompt notification of the reporting person about the causes and current status of work.

IV. Response time

The Operator undertakes to promptly eliminate Failures arising on the Operator’s side.

Response time means the maximum period that may elapse: from the moment the Operator’s on-duty administrator notices or receives a Failure report from the Customer until the Failure is fully removed, or from the moment the Customer reports a Problem by e-mail until a response is given by the Operator’s on-duty administrator.

In most cases the Operator’s actual response time does not exceed 15 minutes.

Response times:

• Monday to Friday, 8:00–15:00 — 2 hours,
• Monday to Friday, 15:00–8:00 — 4 hours,
• Saturday to Monday, 8:00–15:00 — 4 hours,
• Saturday to Monday, 15:00–8:00 — 8 hours,
• Sundays and other statutory public holidays in Poland — 8 hours.

V. Failures

Under the SLA Document the Operator guarantees that the duration of Failures on the Network side in a calendar year will not exceed:

• total Failure duration [in hours]: 72 hours,
• total Failure duration [in percent]: 0.8%.

VI. Technical breaks

The Operator will inform the Customer of planned Technical breaks in the provision of Hosting services with at least 12 hours’ notice.

Activities not belonging to typical technical support and server maintenance may be performed by the Operator for a fee.

The Operator has the right to refuse to perform the activity referred to in the preceding sentence without giving reasons.

Under the SLA Document the Operator guarantees that the duration of Technical breaks on the Network side in a calendar year will not exceed:

• total Technical break duration [in hours]: 72 hours,
• duration of a single Technical break [in hours]: 6 hours.

Lack of visibility of hosting services outside the Network related to a technical break is not counted towards the periods referred to in section V.

VII. Exceptions

1. Application of the SLA Document is excluded where:
   1. a Failure occurs as a result of force majeure,
   2. a Network outage occurs in connection with planned maintenance or Network expansion work — provided Customers are notified with at least 24 hours’ notice,
   3. a failure or outage occurs in devices that are not part of the Network but are necessary for the provision of Hosting services,
   4. a Failure occurs whose cause is independent modification of system components by the Customer or third parties for whom the Operator is not responsible.
2. The SLA Document does not cover Failures of system components that are not part of the software made available by the Operator in connection with the provision of Hosting services.
3. In the situations referred to in points 1(a) and 1(c), the Operator is obliged, at the Customer’s written request, to appropriately document the event.

VIII. Service availability guarantee

Service availability means the “visibility” of individual Hosting services on the first router outside the Network. The service availability guarantee applies to all devices forming part of the Network.

Under the SLA Document the Operator guarantees “visibility” of individual Hosting services at the following level during each calendar month:

• guaranteed availability time [in percent]: 99% of time in the month,
• permitted unavailability time [in minutes]: 438 minutes in the month.

IX. Compensation

If the Operator fails to meet the service availability guarantee (section VIII of the SLA Document), the Customer is entitled to compensation in the form of a reduction of the Subscription Fee in the Subscription Period immediately following the period in which the failure to meet the availability guarantee occurred. For each commenced 24 hours of Hosting service unavailability above the unavailability level specified in section VIII of the SLA Document, the Customer is entitled to compensation in the amount of:

(1 / number of days in the Subscription Period) × Subscription Fee

Granting the compensation referred to above does not release the Customer from the obligation to pay Subscription Fees on time. The maximum amount of compensation may not exceed the amount of the Subscription Fee (including all discounts) for the period for which the compensation is due.