Cloud Servers SLA

100% Network Uptime

We guarantee that our data centre network will be available 100% of the time in a given month, excluding scheduled maintenance. The data centre network means the portion of the DS Digital Media network extending from the outbound port on your edge device to the outbound port of the data centre border router and includes DS Digital Media managed switches, routers, cabling.

Infrastructure

We guaranty that datacenter HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Infrastructure downtime exists when a particular server is shut down due to power or heat problems.

Cloud Server Hosts Node

We guaranty the functioning of all host nodes including compute, storage, and hypervisor.

Credits

If we fail to meet a guaranty stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the Cloud Servers adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:

DS Digital Media offers 100% Network uptime SLA for all customers. Unscheduled network outages of any nature will make customers eligible for a service credit valued at 1 days of service for every 5 minutes of unscheduled network outage accrued during a calendar month. For all managed customers, the overall Managed SLA applies.

Infrastructure: Unscheduled Infrastructure outages of any nature will make customers eligible for a service credit valued at 1 days of service for every 5 minutes of unscheduled network outage accrued during a calendar month. For managed customers, the overall Managed SLA applies.

Cloud Server Host Node: Unscheduled outages of any nature will make customers eligible for a service credit valued at 1 days of service for every 5 minutes of unscheduled host node outage accrued during a calendar month. Rebooting of the dependent OS is excluded when required. For managed customers, the overall Managed SLA applies.

DS Digital Media Managed SLA Guaranty: DS Digital Media offers a 99.9% uptime guarantee on managed cloud servers. A service will be generally available to the internet – Isolated ISP or transit outages are out of our control and not covered by this SLA. This SLA covers unscheduled maintenance windows within our networks and datacenter. DS Digital Media will credit 50% of your monthly fee if we are responsible for an outage resulting in an uptime less than 99.9% for a calendar month. DS Digital Media will credit 100% of your monthly fee if we are responsible for an outage resulting in an uptime less than 99% for a calendar month.

Please note – Scheduled Maintenance Windows and H-Sphere Control Panel Service are exempt from any uptime SLA’s as our control panel services are isolated from our other services, and typically we will take the control panels offline while performing major system upgrades – however, other core services will not be affected and are still protected per our SLA above.

Limitations

You are not entitled to a credit if you are in breach of your services agreement with DS Digital Media (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if the downtime would not have occurred due to your actions or a breach of your agreement with DS Digital Media, your misuse/actions of the server systems whether on purpose or accidentally, or through an attack against your server.

This Service Level Guaranty is your sole and exclusive remedy for your Cloud Servers unavailability.

Not withstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for a monthly billing period on a per VM basis. Credits that would be available but for this limitation will not be carried forward to future billing periods.

This Service Level Guaranty is part of your Agreement with DS Digital Media, along with Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents.

To receive an SLA credit, DS Digital Media customers must contact the billing department via the ticketing system. You must show that your use was adversely affected in some way as a result of the downtime to be eligible for the credit.

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada and waive any right that you may have to object to an action being brought in those courts. To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.

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