Service Level Agreement

Lease Packet SLA

Lease Packet Datcenter (OPC) Private Limited (“Lease Packet”) offers a range of cloud platform and configuration services to its clients (“Customers”), including, but not limited to, smart dedicated servers, graphics processing units, object storage, content delivery network service, and continuous data protection backup services (“Services”). The utilisation of these Services by Customers is subject to the online Terms of Service, available at https://leasepacket.com/terms-of-service — (“Terms”), or a master services agreement (“MSA”), should one be in place between Lease Packet and the Customer. However, this service level agreement (“SLA”) applies to all Customers, regardless of whether an MSA exists, including those Customers using the Services on a free trial basis. Lease Packet reserves the right to update this SLA at any time by publishing a new version on its website (“Website”), with the revised SLA automatically taking effect for Customers who continue to use the Services.

This SLA outlines the service levels provided for the Services, which should be interpreted in conjunction with the Terms of Service (“Terms”). By using the Services or registering with us, the Customer agrees to this SLA, thereby making it a binding legal agreement.

  1. DEFINITIONS:

Unless specified differently within this SLA or dictated by the context, all terms defined in this SLA will carry the same definitions as those provided in the Terms of Service or any applicable Master Services Agreement (MSA).

  • 1.1 Uptime (UT) refers to the overall percentage of time in a calendar month that the Services are available and operational for the Customer. It is calculated as 100% minus any Downtime (DT), where Downtime is further detailed below.
  • Downtime (DT) is the time when the services are not available for use by the Customer, affecting the Uptime calculation.
  • 1.2 Fault represents a situation where the service levels agreed upon in this Service Level Agreement (SLA) are not met, indicating a failure in providing the stipulated service quality.
  • 1.3 Service Time (ST) signifies the total number of hours in a calendar month during which the Services are actively provided to the Customer by Lease Packet. For instance, a month with 30 days would have 720 hours of Service Time (30 days multiplied by 24 hours per day).
  • 1.4 Emergency Maintenance (EM) involves maintenance tasks performed under urgent and potentially hazardous conditions that pose a risk to the system, equipment, network, or facilities essential for delivering the Services, or when there is a danger to life. Lease Packet commits to notifying the Customer about such emergency maintenance in advance whenever possible. However, if the situation’s urgency prevents prior notification, Lease Packet will inform the Customer as soon as possible after conducting the emergency maintenance.
  • 1.5 Excused Unavailability (EU) refers to the total time in a month when Lease Packet might perform troubleshooting or equipment upgrades aimed at enhancing the Services, with prior notification to the Customer. Time allocated for Emergency Maintenance and Planned Downtime is considered part of this Excused Unavailability.
  • 1.6 Planned Downtime (PD) signifies the cumulative number of hours in a given billed month during which Lease Packet schedules downtime for tasks like system checks, configuration adjustments, and preventive maintenance on its infrastructure. This includes downtime for which the Customer receives a 48-hour advance notice and occurs either during standard maintenance hours from 11 PM to 6 AM IST or during an agreed non-standard time, communicated via telephone or email. Emergency Maintenance may still occur as necessary outside these planned times. At their discretion, Customers can request Planned Downtime for repairs to the Lease Packet-provided infrastructure. Activities during Planned Downtime typically include, but are not limited to, security updates, routine preventive maintenance to maintain service quality, and preventive maintenance of critical utilities like air conditioning, uninterrupted power supplies (UPS), and server room environments.
  • 1.7 Downtime (DT) refers to the total percentage of hours in a billing month when any specific Service(s) provided by Lease Packet were not available for use by the Customer. It is calculated as the sum of Planned Downtime (PD), Emergency Maintenance (EM), and any Faults, minus Excused Unavailability (EU), divided by the total Service Time (ST), and then multiplied by 100. For the calculation of Downtime, only the service(s) or server instance(s) that were actually affected are considered.
  • 1.8 Exceptions are specific events or sets of events detailed in Clause 5 of this SLA. These events, including their occurrence and duration, do not count as Service unavailability for the purposes of this SLA and are therefore not included in Downtime calculations.
  • 1.9 Support Request is defined as an email sent to Lease Packet’s specified contact address, where the Customer details any complaints regarding the unavailability of Services or reports Downtime, following the procedure outlined in Clause 3 of this SLA.
  • 1.10 Rebates are compensatory payments made to the Customer in accordance with Clause 4 of this SLA, typically in response to not meeting predefined service levels.
  • 1.11 Force Majeure Event encompasses a wide range of significant events beyond the control of any party, including, but not limited to, major failures of the power grid or the internet, natural disasters, war, riots, insurrections, epidemics, pandemics, fires, strikes, terrorist activities, actions by government authorities, acts of God, or any other events of such magnitude or type that industry-standard precautions are not typically made against, and which could not be foreseen by a person of ordinary prudence. These events may impede the provision of Services as described in this SLA.
  1. UPTIME:
  •  2.1 Should the Uptime during the specified month drop below 99.9%, Lease Packet pledges to provide Rebates to the Customer. These Rebates will come in the form of extending the current Services offered to the Customer, as outlined below:
  • 99.9% or higher: No Extension of Services
  • Between 99.9% and 99%: An additional 1 day extension of the Service(s)
  • Between 99% and 98%: An additional 2 days extension of the Service(s)
  • Between 98% and 97%: An additional 3 days extension of the Service(s)
  • Below 97%: An extension of the Service(s) for 3+n days, where ‘n’ equals 97 minus the actual Uptime percentage.

Or equivalent credits or discount at the discretion of Lease Packet in the next billing cycle.

  1. DOWNTIME REPORTING PROCESS:
  • 3.1 Customers must report any Downtime incidents to Lease Packet by sending an email from their registered email address to contact@leasepacket.com within 24 hours of noticing the Downtime. It is the Customer’s responsibility to provide all necessary details and cooperate with Lease Packet, facilitating the root-cause analysis of any issues with the Services. 
  • 3.2 Once Lease Packet receives such an email, the team will promptly investigate the reported Downtime and make every effort, in line with industry standards, to resolve the issue. However, if the Customer fails to meet the reporting requirements outlined in Clause 3.1, the report will not be recognized as a valid Downtime notification, and the duration of the incident will not be considered Downtime under this SLA.
  1. ELIGIBILITY FOR REBATES:

Rebates for Downtime will only be considered if the Lease Packet support team has been properly notified by the Customer as outlined in Clause 3.

4.1 The rebates offered for Downtime are determined on a per-incident basis, calculated as a percentage of service availability during a billed month. It’s important to note that (a) rebates are not calculated cumulatively, and (b) outage periods are not combined for the purpose of calculating rebates.

4.2 To request a rebate, Customers must email Lease Packet at contact@leasepacket.com with the subject line “SLA Rebate Request,” detailing the specific Downtime incidents. The email should include dates, times, and the affected region for each incident, along with customer request logs documenting the errors experienced during the Downtime. Any confidential or sensitive data within these logs should be appropriately removed or redacted.

4.3 If the Customer does not submit a rebate request within 2 days after the end of the billed month or upon receipt of the invoice for that month, whichever is later, they will be considered to have waived their right to rebates for that period, along with any related claims, and Lease Packet will not owe any rebates for that Downtime.

4.4 Rebates calculated will be applied to future invoices. They do not entitle the Customer to any refunds or payments from Lease Packet. Customers cannot withhold payments to Lease Packet in anticipation of receiving rebates.

4.5 Customers are ineligible for rebates under this SLA if they have not made timely payments for previous invoices or delay payment for the invoice of the billed month for which the rebate is anticipated, or any subsequent billing cycle.

4.6 For services provided for less than a full calendar month, rebates will be calculated on a pro-rata basis based on monthly recurring charges.

4.7 In case of disputes over rebates between Lease Packet and the Customer, both parties will attempt to resolve the matter amicably. If the dispute is not settled within 15 days, Lease Packet’s decision will be considered final and binding.

  1. EXCEPTIONS:

5.1 Lease Packet will not be held accountable for any Downtime that arises directly or indirectly from any of the following situations or a mix of these situations:

  • Alterations or modifications made to the Services upon the Customer’s request;
  • Disruptions due to defects or malfunctions in the Customer’s or any third-party software, services, or facilities used or managed by the Customer, including but not limited to third-party Open Source Software or Software Licenses provided by Lease Packet;
  • Incomplete or inaccurate information furnished by the Customer to Lease Packet regarding the Services or necessary for establishing an Lease Packet customer account;
  • The functioning of traffic exchange points, including internet networks or exchanges managed by third parties;
  • Any delay or failure by the Customer to meet their obligations under the Terms of Service and/or MSA, where applicable;
  • DNS issues that are beyond Lease Packet’s direct control;
  • Failures of the Customer’s connections, access circuits, local loop, or any network not owned or managed by Lease Packet;
  • The duration of offline backups, whether scheduled or requested by the Customer, after prior notice from Lease Packet;
  • Damage or problems with equipment used to access the Services due to accidents, transportation, neglect, or misuse by the Customer or their authorised agents;
  • The Customer’s use of data center services for reasons unrelated to accessing the Services;
  • Any actions or inactions by the Customer, including failure to alert Lease Packet through the support email contact@leasepacket.com about any unforeseen Downtime;
  • Situations leading to a “no trouble found” diagnosis for a support request, as acknowledged by the Customer;
  • A disruption where the Customer decides against allowing a Service to be tested and repaired, opting to continue its use in a compromised state without informing Lease Packet.
  • Any interruptions, delays or failures of Services under administrative control of the customer caused by any act or omission of Customer or Customer’s employees, agents, or subcontractors, including but not limited to the following:
  • Inaccurate configuration.
  • Non-compliant use of any software installed on the server.
  • Incorrect sizing of resources provisioning
  • Negligence or other conduct of Customer or its authorized persons, including a failure or malfunction resulting from applications or services provided by Customer or its authorized persons
  • Regulatory events causing any interruption in the Services;
  • Any abuse or fraud or failure to comply with the Lease Packet “Terms of Service or MSA, as applicable” on the part of the Customer or its end-user (as defined in the MSA, as applicable), for which the Customer shall be liable;
  • Any unavailability, suspension or termination in the Services caused by factors outside of Lease Packet’s reasonable control, including any Force Majeure Event or internet access related problems beyond the reasonable control of Lease Packet or beyond the scope of the Services, as the case may be.
  1. The timeframe for any reported downtime regarding an affected Server/Service begins the moment the Customer sends an email to Lease Packet, reporting the downtime in accordance with Clause 3 of this SLA. Upon receiving such an email, the Lease Packet Team will verify the reported downtime and assess its validity for consideration in the Uptime calculation as outlined in clause 2.
  1. Consequently, the calculation of any credits eligible for Rebates starts from the moment Lease Packet Support receives the downtime notification via email from the Customer, in line with this SLA, and concludes once the reported issue is resolved.
  1. Lease Packet disclaims any responsibility for the integrity and security of the Customer’s data (as defined in the Terms of Service or MSA, where applicable), emphasising that it is the Customer’s duty to implement adequate security measures, such as safeguarding passwords and security keys.
  1. The Customer is tasked with procuring suitable data backup and recovery solutions and is responsible for their management, including regular tests of the backups, to reduce the risk of data loss or accidental erasure.
  1. Except as explicitly stated in the Terms of Service/MSA, this SLA provides the Customer with their exclusive recourse, and outlines Lease Packet’s exclusive duties, regarding any service disruptions, performance issues, or other instances of Lease Packet failing to deliver the Services.