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SLA - Service Level Agreement

Service Level Agreement (SLA)

Document last modified: 2025-11-26 (Initial version)

 

Scope and Relationship to ToS

 

This Service Level Agreement ("SLA") describes the uptime commitments and service credits that may apply to certain VPS plans that we offer. In this SLA, "we", "us", and "our" refer to IT7 Networks Inc., and "you" and "your" refer to the named account holder.

 

This SLA is a supplement to, and forms part of, our Terms of Service ("ToS"). Capitalized terms used but not defined in this SLA have the meanings given to them in the ToS. If there is any conflict between this SLA and the ToS, the ToS will govern, except to the limited extent this SLA expressly provides for service credits.

 

This SLA applies only to plans that expressly state that this SLA applies or that state that they include a "Service Level Agreement" (each, an "SLA Plan"). This SLA does not apply to any other plans or services, including any free, trial, or promotional services.

 

All dates and times in this SLA, and all calculations of uptime and downtime, are based on the local time in Vancouver, British Columbia, Canada (Pacific Time, America/Vancouver).

 

Definitions

 

For the purposes of this SLA:

• Covered VPS means a VPS instance that is part of an SLA Plan and that is billed for a fee in the applicable Calendar Month.
• Calendar Month means the period from 00:00:00 on the first day of a calendar month to 23:59:59 on the last day of that month, based on Pacific Time, as recorded in our billing and monitoring systems.
• Service Cycle (in minutes) for a Covered VPS in a Calendar Month means the total number of minutes in that Calendar Month.
• A Covered VPS is Unavailable when, due to an issue with our network or the physical host server on which that VPS runs, both of the following are true:
  • the Covered VPS cannot be reached from the public internet using our standard network connectivity checks (which may include, but are not limited to, TCP, UDP, HTTP or HTTPS, and/or ICMP-based checks) for more than one (1) continuous minute; and
  • our monitoring or other internal systems confirm that the loss of connectivity is not caused by any SLA Exclusion (as defined below).

For clarity, if only ICMP (ping) traffic is filtered or blocked (for example, as the result of traffic filtering applied in response to a (D)DoS attack), but normal TCP or other supported traffic to the Covered VPS continues to function, the Covered VPS will not be considered Unavailable.

 

• Downtime Minutes for a Covered VPS in a Calendar Month means the total number of minutes during which the Covered VPS is Unavailable in that Calendar Month, excluding any periods affected by an SLA Exclusion. Downtime Minutes are calculated by summing all seconds of Unavailability in the Calendar Month and dividing by sixty (60); partial minutes are counted proportionally.
• Monthly Uptime Percentage for a Covered VPS in a Calendar Month is calculated as:
  Monthly Uptime Percentage = (Service Cycle (in minutes) - Downtime Minutes) / Service Cycle (in minutes) x 100%
• Monthly Service Period for the Covered VPS means the recurring billing period for that Covered VPS corresponding to one month of service under your plan (for example, one month of prepaid time on that VPS). The Monthly Service Period is a billing concept and may differ from the length of any particular Calendar Month.
• Service Credit means additional prepaid time added to the Covered VPS, as determined under "Credit calculation" Section, extending the period of service for that Covered VPS without additional charge.

 

Uptime Commitment and SLA Exclusions

 

Uptime Commitment

 

For each Covered VPS, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage of at least 99.99% in each Calendar Month, excluding SLA Exclusions (the "Uptime Commitment").

 

If we do not meet the Uptime Commitment for a Covered VPS in a Calendar Month, and none of the SLA Exclusions apply to the relevant Downtime Minutes, you may be eligible to receive a Service Credit as described in this SLA.

 

The Uptime Commitment and any associated Service Credits apply on a per Covered VPS basis only. They do not apply to your account as a whole or to any other services you purchase from us.

 

SLA Exclusions

 

The Uptime Commitment does not apply to any unavailability, suspension, limitation, or termination of services that results from any of the following (each, an "SLA Exclusion"):

• Planned maintenance.
  • Scheduled maintenance for which we provide at least twenty-four (24) hours' notice (posted at bwhstatus.com); and
  • emergency maintenance where we act reasonably to reduce (potential) impact and where the resulting unavailability does not exceed ten (10) minutes in total for the event.
• Your software, data, or configuration. Any issue caused by your own environment, including for example (without limitation):
  • your operating system, applications, scripts, or data;
  • your use of beta or unsupported software or kernels;
  • your configuration (including firewall, routing, DNS, SSH configuration, or web server settings);
  • any changes, deployments, or actions taken by you or by anyone acting on your behalf, whether intentional or accidental.
• Resource limits and fair use. Any impact arising from:
  • CPU, disk I/O, or other limits being applied in accordance with your plan and our fair share policy;
  • your use of resources or workloads that exceed the design or documented limits of your plan; or
  • suspension, throttling, or limitation of your service under the ToS or any of our policies.
• Security events and abuse. Any issue caused by or related to:
  • denial of service ("DoS") or distributed denial of service ("DDoS") attacks, or other attacks or abuse directed at you or your VPS;
  • traffic filtering, rate limiting, nullrouting, blackholing, or other protective measures that we or our upstream providers apply in response to such attacks or abuse. We do not provide DDoS filtering as part of SLA Plans and, in the event of a (D)DoS attack, we may temporarily nullroute or otherwise block traffic to the IP address of your Covered VPS;
  • hacking, exploitation, or compromise of your VPS, accounts, software, or credentials (including passwords and SSH keys);
  • malware, viruses, or other malicious software in your VPS; or
  • your breach of the Acceptable Use section of the ToS or any other policy referenced in the ToS.
• Network and third parties. Any issue caused by:
  • failures or performance problems on networks or equipment not under our direct control (including upstream providers, internet backbone, or your own connectivity);
  • problems on routes between our network and your users or systems that do not occur within our network; or
  • any IP address being blacklisted, blocked, or filtered by governments, regulators, or other third parties.
• Account status and legal reasons. Any issue resulting from:
  • your non-payment or late payment of any amounts owing to us;
  • our suspension, limitation, or termination of services under the ToS (including for suspected abuse, fraud, or security concerns); or
  • compliance with law, court orders, government requests, or law enforcement requests.
• Force majeure events. Any event beyond our reasonable control, including but not limited to law, decree, riot, war, strike, fire, flood, earthquakes, or large-scale failures of utilities, telecommunications, or internet infrastructure that persist despite commercially reasonable mitigation measures (such as the operation of backup power systems), and other events described in the Miscellaneous section of the ToS.
• Plans or services without SLA. Any plan or service that is not an SLA Plan, or any VPS instance that is not a Covered VPS.

Any periods of unavailability that fall under an SLA Exclusion will not be counted as Downtime Minutes.

 

Service Credits

 

When you may receive a Service Credit

 

Subject to this SLA, you may be eligible to receive a Service Credit if:

• the Monthly Uptime Percentage for a Covered VPS in a Calendar Month falls below 99.99%;
• the corresponding Downtime Minutes for that Covered VPS are not entirely explained by SLA Exclusions; and
• you submit a valid claim in accordance with "How to make a claim" Section.

 

We will determine, acting reasonably and in good faith, whether the Uptime Commitment was not met and whether a Service Credit is due. In making this determination, we will give reasonable consideration to any relevant monitoring data, logs, or other technical information that you provide with your claim. If there is an inconsistency between your records and our records, we will work with you in good faith to try to reconcile the data. If we are unable to reconcile the data, our measurements, logs, and records will govern, unless there is a clear error.

 

Credit calculation

 

If we confirm that a Covered VPS is eligible for a Service Credit, we will calculate the Service Credit based on the Downtime Minutes for that Covered VPS in the relevant Calendar Month, using the table below. For the purposes of this table, Downtime Minutes is the value defined in the "Definitions" Section of this SLA (measured in minutes, including fractional minutes).

 

Downtime Minutes in the Calendar Month	Service Credit (additional prepaid time for the Covered VPS)
More than 4 minutes 32 seconds but less than 10 minutes	12 hours of prepaid time
10 – 59 minutes	72 hours of prepaid time
60 – 119 minutes	120 hours of prepaid time
120 – 239 minutes	240 hours of prepaid time
240 – 419 minutes	360 hours of prepaid time
420 minutes or more	one Calendar Month of prepaid time for the Covered VPS

 

We will provide the Service Credit by adding the applicable amount of prepaid time to the Covered VPS (for example, by extending its next renewal or expiry date by the credited amount of time).

 

Service Credits apply only to the Covered VPS that experienced the Downtime. Service Credits do not apply to any other charges (for example, bandwidth overages, additional IPs, paid support, or other add-ons), and cannot be moved to another VPS or account.

 

Maximum Service Credit per month

 

For each Covered VPS, the total Service Credits granted for a Calendar Month will not exceed one full Monthly Service Period for that Covered VPS. In any case, for any Calendar Month, the total Service Credits for a Covered VPS under this SLA will not exceed one Calendar Month of prepaid time.

 

Claim Process

 

How to make a claim

 

To receive a Service Credit, you must:

• contact us using the support channels described on our website (for example, our support form);
• clearly identify the affected Covered VPS (by selecting it from the list of services under your account); and
• explicitly request a "SLA Service Credit" for the relevant downtime.

 

Your request must include, at minimum:

• the approximate dates and times during which you believe the Covered VPS was Unavailable;
• a brief description of the impact on your use of the Covered VPS; and
• any relevant logs or information available to you (for example, traceroute output, monitoring screenshots, or application logs), if you have them.

 

Submitting a general support request about a problem, by itself, is not sufficient. Your request must clearly state that you are requesting an SLA Service Credit.

 

Time to submit a claim

 

You may submit a claim as soon as the relevant unavailability event has ended.

 

Your claim must be received by us within ninety (90) days after the last day of the Calendar Month in which the Downtime occurred. Time periods for this purpose are measured in Pacific Time (America/Vancouver). If you do not submit a claim within this period, you will be deemed to have waived any right to Service Credits for that Calendar Month.

 

Review and application of credits

 

After you submit a valid claim:

• We will review your claim together with our internal logs and monitoring data.
• We may ask you for additional information, if needed, to help us verify the claim.
• We will determine, acting reasonably and in good faith, whether the Uptime Commitment was not met and, if so, the applicable Service Credit.

 

If we approve your claim, we will apply the Service Credit by adding the corresponding prepaid time to the Covered VPS.

 

Our measurements, logs, and records (including records of Unavailability, Downtime Minutes, and service periods) will be the primary source of evidence for the purposes of this SLA and will govern if there is a conflict with other data, unless there is a clear error or we agree otherwise in writing.

 

Limitations

 

• Sole financial remedy. Service Credits (in the form of additional prepaid time on a Covered VPS) are your sole and exclusive financial remedy for any failure by us to meet the Uptime Commitment for that Covered VPS.
• No stacking of remedies. You may not receive more than one type of Service Credit or other financial remedy from us for the same period of Downtime. If any other remedy is available for the same event, the Service Credit will be reduced accordingly or deemed to include that remedy.
• No cash payments. Service Credits are applied only as additional prepaid time for the affected Covered VPS. Service Credits cannot be exchanged for cash or any other payment, and we will not issue cheques, bank transfers, or refunds in connection with Service Credits.
• Subject to ToS. All Service Credits are subject to the Limitation of Liability, Indemnification, and other applicable provisions of the ToS. This SLA does not increase or modify any limits on our liability to you under the ToS.
• No guarantee of problem-free operation. The Uptime Commitment is an uptime target and credit mechanism, not a guarantee that the Covered VPS or any other service will be free from interruptions or errors.

 

Changes to this SLA

 

We may update or change this SLA from time to time. If we make changes, we will post the updated SLA on our website and may provide notice to you in accordance with the ToS. 

 

Your continued use of an SLA Plan after the updated SLA takes effect will constitute your acceptance of the updated SLA.