Service Level Agreement (SLA) for Ettic Hosting Services
Version 18th of April 2023
This Service Level Agreement (hereinafter referred to as the “Agreement” or “SLA”) sets forth the terms and conditions under which Ettic (hereinafter referred to as “Ettic,” “we,” “us,” or “our”) agrees to provide hosting services to the client (hereinafter referred to as “Client,” “you,” or “your”). By using our hosting services, you agree to be bound by the terms of this SLA.
For questions about this SLA, we can be reached at:
Email: [email protected]
Phone: +085 130 79 79
Service Level Agreement (SLA) for Ettic Hosting Services
Service Level Agreement (SLA) for Ettic Hosting Services This Service Level Agreement (hereinafter referred to as the “Agreement” or “SLA”) sets forth the terms and conditions under which Ettic (hereinafter referred to as “Ettic,” “we,” “us,” or “our”) agrees to provide hosting services to the client (hereinafter referred to as “Client,” “you,” or “your”). By using our hosting services, you agree to be bound by the terms of this SLA.
1. Service Availability
Ettic commits to providing a service availability of 99.90% for our hosting services, calculated based on the last 90 days period. No claims regarding service availability can be made before this 90-day period is met. For the purposes of this Agreement, service unavailability is considered a breach of the SLA if it results from server issues, server failure, or server shutdown. Force majeure events, such as power outages or fire, scheduled maintenance, and issues caused by the client, are excluded from service unavailability calculations.
1.1 Service Availability Definition
“Service Availability” refers to the ability of the hosting service to be accessed and used by clients. Uptime is measured using industry-standard monitoring tools and protocols, with any periods of inaccessibility due to scheduled maintenance and force majeure events excluded from the calculation.
2. Service Performance
Ettic strives to maintain optimal performance for our hosting services. While we cannot guarantee specific performance metrics due to the reliance on the customer’s systems, our average response time is 116ms.
3. Maintenance
Ettic performs routine maintenance on all systems to ensure their proper functioning and optimal performance. Non-impactful maintenance, which includes daily tasks that have little to no influence on the functionality of the back end and no influence on the front-end experience, is conducted daily. In the event that maintenance may impact clients’ websites, systems, or servers, we will notify clients via email and on their status page at least 48 hours in advance, except in cases of emergency maintenance, which may require immediate action to ensure the continued upkeep and performance of the service. Client websites hosted on affected servers may be temporarily inaccessible during emergency maintenance.
3.1 Scheduled Maintenance Window
Ettic endeavors to perform scheduled maintenance during a predefined maintenance window. Clients will be notified at least 48 hours in advance of any scheduled maintenance. While we cannot guarantee that all maintenance will occur during off-peak hours, we make every effort to minimize disruption to our clients.
4. Support
Ettic is committed to providing prompt and effective support for our hosting services, regardless of the hosting package. Our objective is to respond to support requests within a maximum of 24 hours. Support services are available during working hours from 8 am to 6 pm Amsterdam time. In many cases, our team will be aware of and actively addressing issues before clients notice. Clients can track progress through their status page and contact their case manager or reach us through the following channels: Email: [email protected] Phone: +31 085 130 79 79 WhatsApp: [WhatsApp Number]
4.1 Support Ticket Resolution Time
Ettic’s target resolution time for support requests classified as critical is 4 hours. For non-critical support requests, our target resolution time is 24 hours. Resolution times are measured from the moment a support request is submitted by the client.
5. Data Security and Privacy
Ettic ensures that our servers and websites are GDPR-ready. However, clients are solely responsible for compliance with all applicable regulations. We assure clients that our webservers are heavily secured by Cloudflare and implement a variety of safety measures, including Secure Sockets Layer (SSL), protected storage, and access and usage restrictions. Clients must maintain their own security, such as using secure passwords. Ettic does not accept responsibility for data breaches caused by third parties like Cloudflare.
6. Backup and Disaster Recovery
Ettic recognizes the importance of safeguarding client data. We create a daily backup of the entire web server, retaining backups for 30 days. Please note that we do not back up emails; clients are responsible for their own email backups unless otherwise agreed upon. To request a backup restoration, clients should email [email protected] or contact their case manager.
6.1 Backup Restoration Time
In the event of data loss requiring the restoration of backups, our target restoration time is 24 hours from the moment the client requests the restoration. The actual restoration time may vary depending on the size and complexity of the data involved.
7. Service Credits and Penalties
If Ettic fails to maintain the 99.90% uptime guarantee within the last 90 days period, clients may contact us within 30 days of the incident to request a credit of 5% of their monthly hosting fee for that month. Clients must provide documentation of the downtime and any relevant details. Service credits will be applied as a discount to future invoices. Credits will not be issued if the downtime resulted from scheduled maintenance, force majeure events, or actions or omissions of the client.
8. Termination and Migration
Clients must provide a 14-day notice before the renewal of the contract to terminate the services. Ettic may terminate the account/service at any time. Clients acknowledge and agree that server migration may occur as a normal course of business, which may result in changes to assigned IP numbers. Upon termination of services, clients must discontinue use of the services, relinquish IP addresses and server names, and point their domain name system (DNS) away from our servers. Clients are responsible for transferring their content to another provider prior to termination. If content is not transferred, it will be deleted and not retrievable. There is no mandatory cost when migrating away from Ettic. However, if you need help with the migration, we do charge by the hour.
9. Amendments
Ettic reserves the right to change the SLA at any time without prior notice. Clients will be provided with a 14-day notice before changes to the SLA take effect. The SLA in effect at the time of payment for a specific period will apply.
10. Limitation of Liability and Indemnification
Ettic’s total liability for any claim arising out of or related to the hosting services provided under this SLA, whether in contract, tort, or otherwise, shall not exceed the amount paid by the client for the services during the one (1) month period immediately preceding the incident giving rise to the claim. In no event shall Ettic be liable for any indirect, consequential, or special damages, including, but not limited to, loss of profits, data loss, or business interruption. Both parties agree to indemnify, defend, and hold each other harmless from and against any and all claims, liabilities, damages, and expenses (including reasonable attorney fees) arising from or related to the hosting services provided under this SLA, provided that the indemnifying party is notified promptly of any such claim and given the opportunity to control the defense and settlement of the claim.
11. Governing Law and Dispute Resolution
This SLA shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes arising out of or in connection with this SLA shall be resolved through amicable negotiation or, failing that, by submitting the dispute to a competent court in The Netherlands.
12. Acceptance of SLA
By paying for or activating any hosting services, clients agree to be bound by the terms and conditions of this SLA. This SLA constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, between the parties relating thereto. No amendment or modification of this SLA shall be binding unless in writing and signed by an authorized representative of each party.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this SLA due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, epidemics or pandemics, or interruptions in power, communications, or transportation services. In the event of a force majeure event, the affected party shall promptly notify the other party and take all reasonable steps to minimize the impact of such event on the performance of its obligations under this SLA.
14. Severability
If any provision of this SLA is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this SLA shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
15. Notices
All notices, requests, demands, and other communications under this SLA shall be in writing and shall be deemed to have been duly given when personally delivered or sent by certified or registered mail, postage prepaid, or by email or other electronic means, to the parties at their respective addresses or email addresses specified in the hosting services agreement or to such other address or email address as either party may designate by notice to the other party.
16. Relationship of the Parties
Nothing in this SLA shall be construed to create a partnership, joint venture, or agency relationship between the parties. Each party shall be an independent contractor in the performance of its obligations under this SLA and shall retain control over and responsibility for its personnel, agents, and subcontractors.
17. Assignment
Neither party may assign, sublicense, or transfer its rights or obligations under this SLA without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, either party may assign this SLA in its entirety, without the consent of the other party, in connection with a merger, acquisition, or sale of all or substantially all of its assets or business to which this SLA relates, provided that the assignee agrees in writing to be bound by the terms and conditions of this SLA.
18. Survival
The provisions of this SLA that by their nature should survive termination or expiration of this SLA, including but not limited to the sections on limitation of liability, indemnification, governing law, and dispute resolution, shall survive any termination or expiration of this SLA.
19. Counterparts
This SLA may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The parties may exchange executed counterparts electronically or by facsimile transmission, and such executed counterparts shall be deemed originals for all purposes.
20. Headings
The headings in this SLA are for convenience only and shall not affect the interpretation or construction of this SLA.
21. Entire Agreement
This SLA, together with any documents expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating thereto.