Legal

Service Level Agreement08/2024

This Service Level Agreement (SLA) establishes the standards and expectations for the delivery of Hosting and Custom Services by BudgetNodes to all clients, both current and future. It defines the terms of service, performance metrics, and responsibilities to ensure consistent and reliable service.

This SLA applies to the provision of Hosting Services as described herein. It details the commitments and performance standards that BudgetNodes will uphold in delivering these services to all clients.

This SLA is effective as of August, 2024 and will remain in effect for all current and future clients unless otherwise amended or terminated according to the terms specified herein.

• [A] Service

  "Service" refers to Hosting Services, encompassing all aspects and deliverables as detailed in this SLA. This definition applies to both existing and new client engagements.

• [B] Uptime

  "Uptime" is the percentage of time the service is available and operational, excluding scheduled maintenance periods. This metric applies uniformly to all clients.

• [C] Response Time

  "Response Time" denotes the time elapsed from when a support request is submitted to when it is acknowledged by BudgetNodes. This applies to all client requests.

• [D] Resolution Time

  "Resolution Time" is the period taken to resolve an issue from the time it is reported. This standard is applicable to all service requests from current and new clients.

• [E] Scheduled Maintenance

  "Scheduled Maintenance" refers to planned activities for service upkeep or improvements, which may lead to temporary service unavailability. This is applicable across all client accounts.

• [A] Service Description

  BudgetNodes agrees to deliver Hosting Services, including all relevant components and support as described in this SLA. The service will be provided according to the performance levels outlined in this document.

• [B] Exclusions

  This SLA does not cover Unmanaged services, Custom orders placed via our various contact methods, nor does it cover Third Party softwares such as Virtfusion, WHMCS, Pterodactyl, Pelican and others. These exclusions are not part of the agreed service scope.

• [A] Service Availability

  BudgetNodes guarantees that the service will be available and operational for a minimum of 99% of the time, excluding scheduled maintenance periods. This standard is maintained consistently for all clients.

• [B] Performance Metrics

  The service’s performance will be evaluated based on established metrics, including response times, resolution times, and overall system reliability. These metrics apply equally to all clients, ensuring a uniform level of service.

• [C] Monitoring and Reporting

  BudgetNodes will actively monitor the service’s performance and will provide performance reports to clients upon request, ensuring transparency and accountability in meeting the established performance standards.

• [A] Support Services

  BudgetNodes offers comprehensive support services available to all clients during business hours. Clients can reach support through our support ticket system, ensuring prompt assistance with any issues.

• [B] Maintenance Schedule

  Regular maintenance activities, necessary for the ongoing reliability and improvement of the service, will be scheduled during after hours, typically from 2AM - 7AM Eastern Standard Time, or occasionally from 3PM - 6:30PM Eastern Standard Time. All clients will be notified in advance of any scheduled maintenance that might impact service availability.

• [C] Emergency Maintenance

  In the event of an emergency that requires immediate attention to ensure service continuity, BudgetNodes reserves the right to perform unscheduled maintenance. All clients will be notified as soon as possible in such instances.

• [A] Accurate Information

  Clients are required to provide and maintain accurate contact information and account details, which are necessary for the effective provision of services.

• [B] Compliance

  Clients must comply with all terms outlined in this SLA and any additional terms specific to their service agreements. This includes adherence to any Acceptable Use Policies (AUP) associated with the service.

• [C] Issue Reporting

  Clients are responsible for promptly reporting any service issues or disruptions to BudgetNodes through the designated support channels, allowing for timely resolution.

• [A] Incident Reporting

  Clients are required to report any incidents or service disruptions to BudgetNodes as soon as they are detected. Reports should be made via email or our support ticket system, ensuring prompt attention to the issue.

• [B] Incident Response

  Upon receiving an incident report, BudgetNodes will acknowledge the issue within 18 Hours and will initiate the necessary steps to diagnose and resolve the issue in line with the agreed resolution times.

• [C] Escalation Procedures

  If an incident is not resolved within the standard resolution time, it will be escalated to higher levels of support within BudgetNodes. Clients will be kept informed of the status and progress of escalated issues.

• [A] Service Credits

  If BudgetNodes fails to meet the service levels specified in this SLA, clients may be eligible for service credits. These credits will be calculated based on the extent of the service disruption and will be applied to future billing cycles.

• [B] Eligibility for Credits

  To qualify for service credits, clients must submit a request within 14 days following the incident. The request must include details of the service disruption and its impact on the client’s operations.

• [C] Limitations

  Service credits are the sole and exclusive remedy for service level failures. BudgetNodes is not liable for any additional compensation beyond the value of the service credits.

• [A] Periodic Review

  This SLA will be reviewed periodically to ensure that it continues to meet the needs of all clients and reflects any changes in the services provided by BudgetNodes.

• [B] Amendments

  Any amendments to this SLA will be communicated to clients in advance. Clients will have the opportunity to review the changes before they take effect.

• [C] Client Feedback

  Clients are encouraged to provide feedback on the SLA and the services provided by BudgetNodes. This feedback may be considered in future revisions of the agreement.

• [A] Termination by Client

  Clients may terminate this SLA by providing 14 days written notice to BudgetNodes. Termination will be effective at the end of the current billing cycle or as otherwise agreed upon.

• [B] Termination by Service Provider

  BudgetNodes reserves the right to terminate this SLA without any written notice to the client for reasons including, but not limited to, non-payment, violation of the Acceptable Use Policy (AUP), or any other breach of this agreement.

• [C] Effect of Termination

  Upon termination, all services provided under this SLA will cease. Any outstanding service credits will be applied to the final bill, and clients must settle any remaining balances within 15 days.

• [A] Confidential Information

  BudgetNodes will implement appropriate security measures to protect the confidentiality and integrity of client data. Clients are also responsible for ensuring that any information they provide is secure and only accessible by authorized personnel.

• [B] Non-Disclosure

  Both BudgetNodes and the client agree to keep all confidential information disclosed during the term of this SLA strictly confidential. Confidential information includes, but is not limited to, trade secrets, proprietary information, and any other information that is not publicly available.

• [C] Data Protection

  Neither party will disclose the other’s confidential information to any third party without prior written consent, except as required by law or in the course of performing obligations under this SLA.

• [A] Informal Resolution

  In the event of a dispute arising under this SLA, the parties agree to first attempt to resolve the issue informally through good faith negotiations.

• [B] Mediation

  If the dispute cannot be resolved informally, the parties may agree to submit the dispute to mediation before pursuing any other legal remedies. The mediator will be selected by mutual agreement.

• [C] Arbitration

  If mediation is unsuccessful, the dispute may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration decision will be final and binding on both parties.

• [A] Exclusion of Certain Damages

  BudgetNodes shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, loss of business, or data loss, arising out of or in connection with this SLA, even if advised of the possibility of such damages.

• [B] Cap on Liability

  The total liability of BudgetNodes to any client for any claim arising out of or relating to this SLA, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the client to BudgetNodes under this SLA during the [12] months preceding the claim.

• [C] Exceptions

  The limitations of liability outlined in this clause do not apply to damages caused by gross negligence, willful misconduct, or violations of confidentiality obligations.

• [A] Definition

  Neither party shall be liable for any failure or delay in performing its obligations under this SLA if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, strikes, labor disputes, governmental actions, or interruptions in internet or telecommunications services.

• [B] Notification

  The affected party must notify the other party as soon as possible of the occurrence of a force majeure event, providing details of the event and its expected duration.

• [C] Resumption of Performance

  The affected party shall make reasonable efforts to resume performance of its obligations as soon as the force majeure event is resolved. If the event continues for more than 30 days, either party may terminate the SLA with written notice.

• [A] Governing Law

  This SLA shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

• [B] Jurisdiction

  Any legal action or proceeding arising under this SLA shall be brought exclusively in the courts of the State of Texas. Both parties consent to the jurisdiction and venue of such courts.

• [C] Waiver of Jury Trial

  Both parties hereby waive any right to a jury trial in any litigation arising out of or related to this SLA.