Service Level Agreement

This Service Level Agreement (the "SLA") applies only where it is expressly agreed in an order form or in a separate SLA signed by both parties. By default no availability commitment applies: availability is provided on the basis set out in Section 22 of the Terms of Service, and a service level applies only where agreed. Where a signed SLA applies, it prevails over the Terms with respect to its subject matter (Section 51).

Availability commitment

Where this SLA is agreed, the availability target, the measurement period, and the reporting are those stated in the applicable order form. This page defines the framework around that target: what counts as unavailable, what is excluded, the remedy, and how a claim is made.

Measurement

Availability is measured against the public endpoints of the Service over the agreed period, using the method stated in the order form. A period is "unavailable" to the extent a successful response is not returned. Measurement excludes the matters listed under Exclusions below.

Exclusions

The availability commitment does not apply to: scheduled maintenance notified in advance; emergency maintenance needed to protect the security or integrity of the Service; events of force majeure (Section 34); the Customer's own network, website, theme, or configuration; third-party platforms or services the Customer connects; suspension or termination under Sections 32 and 33; and use outside the published or agreed limits (Section 14).

Service credits

Where availability in an agreed period falls below the agreed target, the remedy is a service credit as stated in the order form, applied against a future invoice. Except as required by mandatory law, service credits are the sole remedy for a failure to meet the availability commitment, and they are subject to the limitations in Sections 28 and 39.

Making a claim

A claim for a service credit must be made to support@ethere.cloud within thirty (30) days of the end of the period to which it relates, and should identify the affected period and the observed unavailability. Ethere will assess the claim against its measurements and respond with its determination.

Discontinuation and termination

If Ethere permanently discontinues the Service before the end of a prepaid Subscription Term, the refund in Section 10 applies. Nothing in this SLA limits a right that cannot be limited under the mandatory law applicable to the Customer.