Overview

Serverside Networks Inc. agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”). Serverside Networks Inc., hereafter referred to as “Serverside.com” (“Us”, “We”), and the Client (“Customer”, “Client”, “You”). Use of Serverside.com service constitutes acceptance of and agreement to the AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”). All provisions of this agreement are subject to change from time to time at the discretion of Serverside.com. The Subscriber understands that changes to the SLA by Serverside.com shall not be grounds for early contract termination or non‑payment.

1. Network

“Network” is defined as all equipment, software and facilities within Serverside.com’s infrastructure, which includes Serverside.com’s contracted and leased services outsourced from its providers, which Serverside.com utilises to provide its web, game server and voice server hosting services.

1.1 Service Availability

“Service Availability” refers to the total time in a given calendar month that Serverside.com’s infrastructure/network is available throughout the internet, provided that the client and its users have established internet connectivity. Serverside.com takes responsibility for service availability within its own infrastructure and for what it controls, but cannot be held liable for issues caused by external providers, which include bandwidth, software or hardware.

1.2 Service Downtime

“Service Downtime” is defined as any unplanned interruption in service availability during which the client is unable to access the rented services as described in section 1.1. Provided that the downtime has been confirmed to have been caused by a fault within the Serverside.com infrastructure, as confirmed by Serverside.com, Serverside.com will measure the total length of unplanned service downtime during a calendar month for affected clients.

1.3 Scheduled Service Downtime

“Scheduled Service Downtime” is defined as scheduled interruption of service. Scheduled downtime takes place during a Serverside.com‑defined maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication (email). Serverside.com agrees to schedule its maintenance procedures to take place at times when clients will be least affected, and to expedite the procedures to reduce downtime incurred.

1.4 Performance Credit

“Performance Credit” is defined as the amount credited to a client when 100% service uptime is not met. Serverside.com will credit the customer 5% of its monthly service fee (pro rata if on a term other than monthly) for each 1 hour of service downtime incurred up to 100% of the client’s monthly service (rental) fee. Performance credit, or SLA credit, is issued entirely at the discretion of Serverside.com and is only applicable should the service downtime be a result of a direct fault of Serverside.com. Performance credit is not applicable in the case of any sort of service attack (DDoS), hardware failure, software failure, or a failure/issue induced by the client themselves.

1.5 Monitoring Service

“Monitoring Service” is defined as the service which Serverside.com provides in order to monitor the status of its infrastructure, which includes networks, individual systems and other services. The monitoring service is provided via Serverside.com’s monitoring solutions