Service-Level Agreement

This Service Level Agreement (“SLA”) governs the service availability standards for hosting services provided by Folium Hosting (“Service Provider”, “we”, “us”) to any individual or entity utilizing these services (“Client”, “you”). This document outlines our commitment to service availability.

1. Uptime Guarantee

The Service Provider commits to providing a minimum of 99.0% Uptime for its core hosting infrastructure and network connectivity in any given calendar month (the “Uptime Guarantee”). Uptime is defined as the percentage of time the Client"s hosted services are accessible via HTTP or other standard protocols, as measured by the Service Provider"s monitoring systems.

2. Exclusions from Uptime Guarantee

The Uptime Guarantee does not apply to service unavailability (&quotDowntime&quot) resulting from the following circumstances (“Excused Downtime”):

• Scheduled Maintenance: Maintenance activities announced by the Service Provider before their start via email or our status page.
• Emergency Maintenance: Urgent maintenance required to address critical security vulnerabilities or system failures, for which advance notice may be shorter or impractical. We will endeavor to provide notice as soon as possible.
• Client-Side Issues: Issues arising from the Client"s applications, code, scripts, configurations, security practices, or actions/inactions that violate the Terms of Service or Acceptable Use Policy.
• Third-Party Failures: Failures of services or networks outside of the Service Provider"s direct control, including but not limited to internet service providers (ISPs), domain name system (DNS) propagation issues, or upstream network providers.
• Force Majeure Events: Unforeseeable circumstances beyond our reasonable control, such as natural disasters, war, terrorism, government actions, strikes, or widespread network outages.
• Malicious Attacks: Distributed Denial of Service (DDoS) attacks or other malicious activities targeting the Client"s services or our infrastructure, provided we have implemented reasonable mitigation efforts.
• Legal or Regulatory Actions: Service suspension or termination due to legal requirements, court orders, or breaches of law by the Client.

3. Service Credits for Downtime

If the Service Provider fails to meet the Uptime Guarantee in a calendar month (excluding Excused Downtime), the Client may be eligible for service credits as follows:

• For each full 1% (or portion thereof) that the monthly Uptime falls below 99.0%, the Client will receive a credit equivalent to 1% of the monthly recurring fee for the specific hosting service affected during that month.
• The maximum total credit claimable in any calendar month is capped at 50% of the monthly recurring fee for the affected service.
• Service credits are the Client"s sole and exclusive remedy for any failure to meet the Uptime Guarantee.
• Credits will be applied to the Client"s account for use against future invoices and are non-transferable and cannot be redeemed for cash.
• Credits do not apply to one-time fees, setup fees, domain registration fees, or other non-recurring charges.

4. Service Credit Claim Procedure

To receive a service credit, the Client must submit a claim by opening a support ticket through our official support channel within ten (10) business days following the end of the month in which the Downtime occurred. The claim must include:

• The specific service(s) affected.
• The dates and approximate times of the experienced Downtime.
• A brief description of the outage experienced.
• Any relevant logs or error messages (if available) supporting the claim.

The Service Provider will investigate the claim using its monitoring data and records, which shall be the primary source for determining Uptime. Failure to submit a claim with the required information within the specified timeframe will forfeit the Client"s right to receive a credit for that period.

5. Service Provider Responsibilities

The Service Provider will:

• Utilize commercially reasonable efforts to maintain and monitor the core hosting infrastructure to achieve the Uptime Guarantee.
• Provide advance notice for Scheduled Maintenance(as outlined in Section 2).
• Offer technical support channels for Clients experiencing availability issues.
• Communicate significant service disruptions and provide estimated resolution times via our status page or direct communication where appropriate.

6. Limitation of Liability

Except for the service credits outlined in Section 3, the Service Provider shall not be liable for any damages, losses, or costs arising from service interruptions or Downtime, including but not limited to lost profits, data loss, or business interruption, except where such interruptions are a direct result of the Service Provider"s gross negligence or willful misconduct. Liability limitations related to data processing are governed by the DPA and applicable law.

7. Amendments

The Service Provider reserves the right to modify this SLA at any time. We will provide notice of significant changes, typically via email or a notice on our website. Continued use of the hosting services after the effective date of any modifications constitutes acceptance of the revised SLA.

8. Effective Date

This SLA is effective as of the "Last revised" date stated above and applies to all Clients utilizing the Service Provider’s hosting services from that date forward.