Legal

Service Level Agreement

Last updated: April 22, 2024

99.99%
Uptime Guarantee
15 min
Response Time
10 Tbps
DDoS Protection

1. Service Commitment

TheVPS guarantees a monthly uptime percentage of at least 99.99% for all VPS services. This SLA applies to the availability of your virtual server's compute, storage, and network connectivity. We are committed to providing reliable, high-performance infrastructure for your critical applications.

2. Uptime Calculation

Monthly Uptime Percentage is calculated as:

((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) × 100

Downtime is measured from the time we open an incident ticket until service is restored. Downtime is only counted when the server is completely unreachable and not due to customer actions or excluded circumstances.

3. Service Credits

If we fail to meet our uptime commitment, you are eligible for service credits:

Monthly Uptime Service Credit
99.9% - 99.99% 10% of monthly fee
99.0% - 99.9% 25% of monthly fee
95.0% - 99.0% 50% of monthly fee
Below 95.0% 100% of monthly fee

Maximum credit per month is 100% of monthly service fee. Credits are applied to future invoices and are not redeemable for cash.

4. Network Performance

We guarantee the following network performance metrics:

  • Packet Loss: Less than 0.1% average monthly packet loss
  • Latency: Network latency within our backbone below 50ms
  • Bandwidth: Full allocated bandwidth available 24/7
  • Connectivity: Multiple tier-1 transit providers for redundancy

5. DDoS Protection

All services include enterprise-grade DDoS protection:

  • Up to 10 Tbps mitigation capacity
  • Automatic attack detection and mitigation
  • Layer 3/4 and Layer 7 protection
  • No additional charges during attacks
  • Real-time attack monitoring and reporting

Note: Extremely large or sophisticated attacks may require temporary null-routing to protect network infrastructure.

6. Support Response Times

We commit to the following support response times:

Priority Description Response Time
Critical Service completely down 15 minutes
High Service severely degraded 1 hour
Medium Service partially affected 4 hours
Low General inquiries 24 hours

7. Scheduled Maintenance

Scheduled maintenance is excluded from uptime calculations:

  • We provide at least 72 hours advance notice for planned maintenance
  • Maintenance windows are typically scheduled during off-peak hours
  • Emergency maintenance may be performed with shorter notice for security issues
  • Maintenance affecting individual servers will be communicated directly

8. Exclusions

This SLA does not apply to downtime caused by:

  • Customer actions or inactions (misconfiguration, resource exhaustion)
  • Third-party services or software not provided by TheVPS
  • Force majeure events (natural disasters, war, government actions)
  • Scheduled maintenance announced in advance
  • DNS issues outside our control
  • Network issues beyond our network edge
  • Suspension or termination due to AUP or ToS violations
  • Beta or trial services explicitly excluded from SLA

9. Credit Request Process

To request service credits:

  1. Submit a support ticket within 30 days of the incident
  2. Include your account information and affected services
  3. Provide the date, time, and duration of the outage
  4. Describe the impact on your services
  5. We will review and respond within 5 business days

Credits will be applied to your next billing cycle if the claim is validated.

10. Data Protection

While we maintain robust backup systems, customers are responsible for their own data backups:

  • Automated daily snapshots included with most plans
  • Snapshots retained for 7 days by default
  • Customer-initiated backups available on demand
  • We recommend maintaining off-site backups for critical data

11. Hardware Replacement

In case of hardware failure:

  • Failed components replaced within 4 hours
  • Live migration to healthy nodes when possible
  • Automatic failover for network equipment
  • Redundant power and cooling systems

12. Contact

For SLA-related inquiries or to submit a credit request:

Support Portal: support.the-vps.org

Email: [email protected]

Emergency: +1 (888) 555-0199