SOG offers a 99.9% uptime guarantee via this Service Level Agreement (SLA) based on network and physical hosting servers availability. Collectively, these guarantees may be referred to as the “SLA”. This SLA is provided as a supplement to the Terms and Conditions You agreed to in becoming a SOG customer, which is hereby incorporated by reference as an indispensable part of this SLA.

This uptime guarantee is applicable on a per-service-item/resource basis and is not applied to the whole invoice applicable collectively to all Your billable resources. For example, if You have fifty (50) resources (Orbits, Photons etc.) hosted on SOG infrastructure, and one (1) of those resources experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) resource’s downtime and not Your entire account with SOG. This uptime guarantee however does not apply to the accessibility of systemongrid.com website, DNS servers, API, or Dashboard.

Packet Loss and Latency

SOG does not proactively monitor the packet loss or transmission latency of resources belonging to specific customers. SOG does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that SOG discovers (either from its own efforts or after being notified by You or some other customer) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from SOG’s border router(s) (first hop of egress provider’s router) and You notify SOG via a support ticket (or SOG has notified You of an event), SOG will take all actions necessary to determine the source of the Excess Packet Loss/Latency. If the packet loss occurs within a third-party provider’s network outside of SOG’s control this SLA does not cover that and you agree to not hold SOG liable for business loss or any other kind of loss occurring due to such outage.

Limitations

The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“hosting server” outage, for any reason and whether or not such outage is caused by SOG due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.

Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.

Outage Credits

In accordance with the procedure outlined below, you must initiate a support ticket and request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting a credit is what triggers an event for any potential credits; however, SOG must still determine, in its sole discretion, whether or not an eligible outage has occurred. If SOG determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below:

Obtaining Credit

In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. Your Credit amount can only be confirmed by SOG support staff and the support staff may not look into your issue without raising a support ticket. Outages related to hardware failures or other services or events not under SOG’s control are not eligible for any guarantee or credit offered under this SLA.