Service Level Agreement (2.1)



The V-SAT Cloud Network ("V-SAT") offers a range of cloud-based services, encompassing smart dedicated servers, graphics processing units, object storage, content delivery network services, and continuous data protection backup services ("Services") to its customers ("Customers"). The utilization of these Services by Customers is subject to the terms outlined in the online Terms of Service, accessible at the following link: https://www.vsatcloud.com/terms-of-service.html ("Terms"), or any master services agreement ("MSA") that may be in effect between V-SAT and the Customer.


However, it is important to note that this service level agreement ("SLA") applies to all Customers, regardless of whether they have executed an MSA or not. This includes Customers who are accessing the Services through a free trial period. V-SAT retains the right to modify this SLA at any time by publishing an updated version on V-SAT's website ("Website"). The revised SLA automatically becomes binding on the Customer if they continue to use the Services.


This SLA outlines specific service performance standards for the provision of the Services, and these standards should be read in conjunction with the Terms of Service ("Terms"). By using the Services or registering with us, the Customer agrees to abide by the terms and conditions outlined in this SLA, thereby making it a legally binding agreement.


1. DEFINITIONS

Except as otherwise defined in this SLA or unless the context otherwise requires, all defined terms in this SLA shall have the same meanings as defined in the Terms of Service or applicable MSA, if any.


  1. “Uptime” or “UT” means the aggregate percentage of hours in a calendar month during which the Services are actually available for use by the Customer. UT = 100% – DT (Downtime DT as defined below)

  2. “Fault” means failure to meet the applicable service level set out in this SLA

  3. “Service Time” or “ST” means the total hours in the calendar month during which Services are being provided by V-SAT to the Customer. E.g. 30×24=720 hours in a 30 day calendar month.

  4. “Emergency Maintenance” or “EM” shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Services, danger to life etc. as the case may be and has to be attended immediately. V-SAT shall attempt to notify the Customer about the emergency maintenance in advance, however depending upon the demands of the situation; if V-SAT is not able to notify the Customer prior to conducting such Emergency Maintenance, it may do so at the earliest opportunity after the performance of such emergency maintenance.

  5. “Excused Unavailability” or “EU” means the aggregate number of hours in any month when V-SAT may carry out troubleshooting or upgrade to the equipment, with intent to improve the Services, with notification to the Customer. The Emergency Maintenance and Planned Downtime shall be deemed to be a part of Excused Unavailability.

  6. “Planned Downtime” or “PD” means the aggregate number of hours in any billed month during which downtime is requested by V-SAT to carry out checks, configuration changes, preventive maintenance of V-SAT infrastructure (a) of which the Customer is notified 48 hours in advance and (b) that is performed during a standard maintenance window from 11 PM to 6 AM IST or (c) performed during a non-standard maintenance window at a time approved by the Customer by a method chosen by V-SAT (telephone, e-mail). Nothing herein shall restrict V-SAT from conducting Emergency Maintenance on an as needed basis. The Customer may at their discretion ask for Planned downtime to repair the V-SAT's infrastructure made available to the Customer. Examples of activities covered under Planned downtime shall include but is not limited to the following activities:-

      Security & Updates

      Routine Preventive Maintenance to prevent deterioration of the quality of Services

      Preventive Maintenance of utilities like AC, UPS, Server Room (where the servers are provided by V-SAT).


  7. “Downtime” shall mean the aggregate percentage of hours in a billed month during which any discrete/individual Service(s) offered by V-SAT was not available for use by the Customer. DT = ((PD) + (EM) + Fault- (EU)) X 100))/ (ST). For the purpose of downtime only the impacted service(s) or server instance(s) impacted shall be considered.

  8. “Exceptions” shall mean either an event or a set of events as are more particularly detailed in Clause 5 hereto, the occurrence and the duration of occurrence of which shall not constitute a Service unavailability for the purposes of this SLA and shall be excluded from Downtime under this SLA.

  9. “Support Request” shall mean an e-mail sent to support@vsatcloud.com, detailing Customer complaint to V-SAT in relation to unavailability of Services / Reporting of Downtime by the Customer by a method set out under Clause 3 hereunder.

  10. “Rebates” means Rebates payable in accordance with Clause 4 of this SLA.

  11. “Force Majeure Event” includes but is not limited to significant failure of a part of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, outbreak of infectious disease(s) which has an impact of frustrating the provision of the Services as per this SLA, pandemic, fire, strikes or other organized labour action, terrorist activity, acts of government authority, acts of God, or other events of a magnitude or type for which precautions are not generally taken in the industry and acts/reasons which are beyond the control of any Party and cannot be predicted by men of ordinary prudence."

2. UP TIME:


  1. If the Uptime during the current month falls below 99.9%, V-SAT will compensate the Customer with extended Services according to the following scheme:

    1. 99.9% or greater: No Service Extension

    2. 99.9% to 99%: Service Extension for 1 additional day beyond the Service period

    3. 99% to 98%: Service Extension for 2 additional days beyond the Service period

    4. 98% to 97%: Service Extension for 3 additional days beyond the Service period

    5. Less than 97%: Service Extension for 3+n days, where n equals 97 minus the Uptime percentage.

  2. Alternatively, V-SAT may, at its discretion, offer equivalent credits or discounts in the next billing cycle.

3. DOWNTIME REPORTING PROCESS:


  1. In the event of any Downtime, the Customer must promptly report it to V-SAT by sending an email from their registered email address to support@vsatcloud.com within 24 hours of discovering the Downtime. The Customer is responsible for supplying the necessary information and cooperating with V-SAT to facilitate root-cause analysis of the Service issues.

  2. Upon receiving such an email, V-SAT will initiate an investigation into the reported Downtime and make diligent efforts, in accordance with industry best practices, to resolve the issue. However, it is important to note that if the Customer fails to adhere to the requirements outlined in Clause 3.1, the email will not be considered a valid Downtime report, and the time period in question will not be counted as part of the Downtime for the purposes of this SLA.

4. ELIGIBILITY FOR REBATES:

Rebates will only be applied to a Downtime for which V-SAT support team has been notified by the Customer in the manner provided in Clause 3 above.


  1. The Rebates for Downtime, as outlined in this document, are computed on a per-incident basis and expressed as a percentage of availability over a billed month. It is important to clarify that (a) Rebates are not cumulative, and (b) periods of outage are not combined for the purpose of Rebate calculation.

  2. To request Rebates, the Customer must send an email to V-SAT at the email address support@vsatcloud.com with the subject "SLA Rebate Request." This email should provide details regarding the reported Downtime incidents for which Rebates are sought. Specifically, the email should include the following information: dates, times, and affected regions of each Downtime incident being claimed; Customer's request logs that record errors during these Downtime instances and substantiate the reported outage (any confidential or sensitive information in these logs should be appropriately removed or redacted).

  3. Failure to submit such a request with the aforementioned subject within 2 days of the conclusion of the billed month for which the Rebates are applicable or upon receiving the invoice for that billed month, whichever is later, will result in the Customer waiving their right to Rebates for that Downtime. Any claims related to such reported Downtime incidents will not be considered, and V-SAT will bear no responsibility for providing Rebates in such cases.

  4. After Rebates are calculated, they may be applied to future invoices issued to the Customer. It's important to note that Rebates do not entitle the Customer to a refund or any other form of payment from V-SAT. The Customer is not permitted to withhold any payment, whether in part or in full, to V-SAT in anticipation of receiving Rebates.

  5. The Customer will not be eligible for any rebate under this SLA if they have previously failed to make timely payments for invoices as per the due dates in previous billing cycles with V-SAT or if the Customer delays payment of the invoice for the billed month for which Rebates are anticipated, or the subsequent billing cycle's invoice.

  6. When calculating Rebates for Services provided during any period less than a full calendar month, where monthly recurring charges serve as the basis, such Rebates will be computed proportionally.

  7. In the event of a dispute between V-SAT and the Customer regarding Rebates, both parties will make good-faith efforts to resolve the dispute. If such a dispute remains unresolved for a period exceeding 15 days, the decision made by V-SAT in this matter will be considered final and binding.

5. EXCEPTIONS:

V-SAT shall not assume responsibility for Downtime in cases where such Downtime arises from any of the following events or a combination thereof:


  1. The Services are modified or altered at the Customer's request.

  2. Interruptions result from defects, failures, or the use of the Customer's software, third-party services, or any facilities provided, acquired, or operated by or on behalf of the Customer. This includes, but is not limited to, any third-party Open Source Software or Software Licenses provided by V-SAT.

  3. Incomplete or inaccurate information provided by the Customer to V-SAT regarding the Services or information relevant to creating an V-SAT customer account.

  4. Disruptions occur at traffic exchange points, including Internet networks or exchanges controlled by third parties.

  5. Delay or failure to fulfill any of the Customer's obligations under the Terms of Service and/or MSA, if applicable.

  6. DNS issues beyond V-SAT's direct control.

  7. Failures in Customer links, access circuits, local loops, or any networks not owned or operated by V-SAT.

  8. Time taken during offline backups, whether planned or requested by the Customer after prior notice by V-SAT.

  9. Damage or faults in equipment facilitating access to the Services due to accidents, transportation, neglect, or misuse by the Customer or its authorized representatives.

  10. Use of data center services by the Customer for purposes unrelated to accessing the Services.

  11. Any act or omission by the Customer, including failure to notify V-SAT via the support email support@vsatcloud.com regarding unexpected Downtime.

  12. Events or occurrences resulting in a "no trouble found" status for support requests, as confirmed by the Customer.

  13. Interruptions where the Customer chooses not to release a Service for testing and repair and continues to use it in a compromised state without informing V-SAT of such interruptions.

  14. Any disruptions, delays, or service failures within the Customer's administrative purview resulting from actions or oversights by the Customer, the Customer's employees, agents, or subcontractors, encompassing, but not confined to, the following:

    1. Incorrect configuration.

    2. Unauthorized or non-compliant usage of installed software on the server.

    3. Improper allocation of resources.

    4. Negligence or other actions by the Customer or their authorized individuals, resulting in failures or malfunctions, including those originating from applications or services provided by the Customer or their authorized parties.

  15. Regulatory events leading to Service interruptions.

  16. Abuse, fraud, or non-compliance with V-SAT's "Terms of Service or MSA, as applicable" on the part of the Customer or its end-users (as defined in the MSA, as applicable), for which the Customer is held accountable.

  17. Unavailability, suspension, or termination of Services caused by factors beyond V-SAT's reasonable control. This includes any Force Majeure Event or internet access-related issues exceeding V-SAT's reasonable control or falling outside the scope of the Services, as applicable.

6. The duration of reported downtime concerning an affected Server/Service shall commence from the moment the Customer sends the email reporting the downtime to V-SAT, in accordance with the provisions outlined in Clause 3 of this SLA. Upon receiving such an email, the V-SAT Team will validate the reported downtime and assess its eligibility to be considered as downtime when calculating Uptime for the purposes of Clause 2.


7. Consequently, the timeframe for calculating any applicable credits, for the purpose of determining the Rebate, will initiate from the moment V-SAT Support is notified via email by the Customer, as stipulated in this SLA, and will conclude upon the resolution of the reported outage.


8. V-SAT does not assume responsibility for the integrity and security of Customer data (as defined in the Terms of Service or MSA, as applicable). The Customer is responsible for implementing appropriate security measures, such as safeguarding passwords and security keys.


9. The Customer bears the responsibility of procuring suitable data backup and recovery plans and managing them, including conducting periodic backups testing. This ensures mitigation of the risk associated with data loss or accidental deletion of Customer data.


10. Unless otherwise specified in the Terms of Service/MSA, as applicable, this SLA outlines the Customer's exclusive remedies and V-SAT's exclusive obligations in cases of unavailability, non-performance, or any other failure by V-SAT to provide the Services.