Service Level Agreement

Last modified on April 1, 2025.

1. Introduction

1.1. Contractual Framework

This Service Level Agreement (“SLA”) constitutes a legally binding contract between IE Oleksii Smychkov, doing business as Sunetix™ (“Sunetix,” “We” or “Our”), and the Client (“Client,” “User” or “You”). It governs the performance standards, remedies, and commitments applicable to Sunetix’s Services, including web hosting, domain registration, virtual private server hosting, dedicated servers, technical support, and other related offerings.

1.2. Acceptance of Terms

By using the Services, You unconditionally agree to the terms of this SLA, which supplements and forms an integral part of the ToS. This SLA establishes measurable benchmarks to ensure transparency and accountability while maintaining Sunetix’s operational flexibility. It defines Sunetix’s obligations concerning service availability, support response times, and compensation mechanisms for eligible disruptions.

2. Service Availability and Uptime

2.1. Definitions

Uptime is defined as the total operational time of Services, measured at the server level, excluding Scheduled Maintenance and Excluded Events. Downtime refers to periods when Services are fully inaccessible or non-functional due to Sunetix’s infrastructure failures. Partial performance degradation, such as reduced speed or latency, does not constitute Downtime.

2.2. Uptime Guarantee

Sunetix guarantees 99.9% annual uptime for network connectivity, power infrastructure, and core hosting services. This guarantee applies exclusively to Services directly managed by Sunetix and excludes third-party integrations, Client-controlled configurations, or circumstances beyond Sunetix’s operational control.

2.3. Exclusions

The Uptime Guarantee does not apply to:

Scheduled Maintenance—planned outages communicated at least forty-eight hours in advance via email or account notifications.
Client Actions—misconfigurations, unpaid invoices, or violations of the Acceptable Use Policy.
Third-Party Services—domain registrars, plugins, or external APIs.
Security Incidents—Distributed Denial of Service (DDoS) attacks, even if mitigation services are in place.

Force Majeure Events—natural disasters, utility outages, wars, or infrastructure failures beyond Sunetix’s reasonable control.

2.4. Compensation for Downtime

Clients may request Service Credits for verified Downtime exceeding three hours annually. Eligible compensation amounts to five percent of the monthly service fee per additional hour of Downtime, capped at fifty percent of the monthly fee. Claims must be submitted via support ticket within seven days of the incident, accompanied by server logs, timestamps, and the relevant ticket ID. Sunetix reviews all claims and issues credits within thirty days. If a claim is denied, Sunetix provides a written explanation.

2.5. Maintenance

Scheduled Maintenance is conducted during off-peak hours to minimize disruption, with advance notice provided as specified in Section 2.3 (Exclusions). Unscheduled Maintenance may occur without prior notice to address critical security vulnerabilities or infrastructure stability issues. Such maintenance is excluded from Uptime calculations.

2.6. Monitoring and Reporting

Sunetix tracks uptime through internal monitoring tools. Monthly uptime reports are available upon request via the Customer Portal. Clients disputing reported metrics must provide independent verification from third-party monitoring services.

2.7. Sole Remedy

Service Credits are the Client’s exclusive remedy for Downtime. Sunetix’s liability for service interruptions is further limited as outlined in Section 8 (Liability and Warranties) of the ToS.

3. Support Response Times

3.1. Support Tiers

Sunetix categorizes support requests into three tiers based on severity. Response times are measured from the moment a valid support request is registered in Sunetix’s ticketing system.

Urgent Requests—critical incidents causing full service disruption, such as server outages or network failures.
Standard Requests—technical issues affecting functionality without causing complete downtime, such as configuration errors or performance degradation.
General Requests—non-technical inquiries, including billing questions and feature requests.

3.2. Response Time Commitments

Sunetix guarantees acknowledgment of Urgent Requests within thirty minutes and resolution within four hours. Standard Requests receive a response within two business days. General Requests are addressed within three business days. Response times exclude weekends, public holidays, and periods where the Client fails to provide required information or access.

3.3. Escalation Process

Urgent Requests not acknowledged within the committed timeframe automatically escalate to senior engineers and management. Clients may escalate delayed requests via the Customer Portal or by contacting the designated account manager.

3.4. Compensation for Missed Targets

For Urgent Requests exceeding the response time target, Sunetix issues a Service Credit of five percent of the monthly service fee per additional hour of delay, capped at fifty percent of the monthly fee. Claims must be submitted within seven days of the incident and include the relevant ticket ID.

3.5. Exclusions

Response time guarantees do not apply to:

Requests involving third-party software.
Tickets related to unresolved abuse violations.
Incomplete or improperly categorized support requests.
Issues caused by Client negligence, including unpaid invoices or misconfigured firewalls.

3.6. Support Availability

Technical support is available exclusively through the Customer Portal ticketing system or via email at support@sunetix.org.

Emergency Requests—critical incidents causing full service disruption or security breaches—are prioritized and addressed 24/7, including weekends and holidays.

Non-Emergency Requests—configuration issues, billing inquiries, and general assistance—are handled during standard business hours (09:00 to 18:00 Eastern European Time, Monday through Friday), excluding Ukrainian public holidays.

3.7. Client Obligations

Clients must provide accurate contact information and monitor ticket updates via the Customer Portal. Failure to respond to follow-up inquiries within twenty-four hours voids response time commitments.

3.8. Sole Remedy

Service Credits constitute the Client’s exclusive remedy for missed response times. Sunetix disclaims liability for losses resulting from delayed support, as further outlined in Section 8 (Liability and Warranties) of the ToS.

4. Hardware Replacement

4.1. Critical Failures

A Critical Failure is defined as a complete service disruption caused by defective hardware directly managed by Sunetix. Upon confirmation, Sunetix initiates troubleshooting within two hours and replaces the faulty hardware within twelve hours of identifying the root cause.

4.2. Partial Failures

A Partial Failure refers to degraded performance or intermittent interruptions. In such cases, Sunetix diagnoses the issue without a predefined timeframe. If hardware is identified as the cause, Sunetix reserves the right to determine whether to replace it or implement an alternative solution. Clients receive a resolution plan within four hours of diagnosis.

4.3. Compensation for Delays

If hardware replacement for a Critical Failure exceeds the twelve-hour target, Sunetix provides a Service Credit of five percent of the monthly service fee per additional hour of delay, capped at fifty percent of the monthly fee. Claims must be submitted via support ticket within seven days of resolution and include timestamps and ticket IDs.

4.4. Exclusions

The Hardware Replacement guarantee does not apply to:

Failures caused by Client modifications, third-party hardware, or unsupported configurations.
Hardware degradation due to normal wear and tear, improper maintenance, or exceeding resource limits (e.g., overloading CPU or RAM).

4.5. Client Responsibilities

Clients must provide Sunetix with remote access to hardware or respond to diagnostic requests within two hours. Failure to cooperate voids replacement timelines and compensation eligibility.

4.6. Sole Remedy

Service Credits issued under this section are the Client’s exclusive remedy. Sunetix’s liability for hardware failures is further limited as outlined in Section 8 (Liability and Warranties) of the ToS.

5. Service Credits

5.1. Eligibility

Service Credits are issued exclusively for verified breaches of this SLA. Credits are not granted for Downtime or failures caused by Client Actions, Third-Party Services, Force Majeure, or Scheduled Maintenance, as defined in Sections 2 (Service Availability and Uptime) and 4 (Hardware Replacement). Service Credits are non-transferable, non-refundable, and apply solely to future invoices.

5.2. Calculation

Credits are calculated as five percent of the monthly service fee for each full hour of verified Downtime or failure to meet response and resolution targets, prorated for partial hours. The maximum credit per incident is capped at fifty percent of the monthly service fee. For prepaid annual plans, Credits are calculated based on the prorated monthly value of the service.

5.3. Claims Process

Clients must submit Credit requests via support ticket within seven calendar days of the incident. Submissions must include the associated ticket ID, server logs, timestamps, and a detailed description of the impact. Sunetix reviews claims within thirty days and issues Credits via the Customer Portal upon validation. Denied claims are accompanied by a written explanation citing applicable SLA exclusions or insufficient evidence.

5.4. Exclusions

Credits are not granted for service issues arising from:

Client negligence, including unpaid invoices or misconfigurations.
Third-party software or external service dependencies.
Scheduled Maintenance as per Section 2.3 (Exclusions).
Security incidents, such as Distributed Denial of Service (DDoS) attacks

Force Majeure events, including natural disasters and regulatory actions.
Partial performance degradation, including latency or speed reductions.

5.5. Caps

The total Credits issued to a Client within a single calendar month shall not exceed fifty percent of the monthly service fee. Credits accrued during billing cycle transitions are applied to the subsequent invoice.

5.6. Sole Remedy

Service Credits constitute the Client’s exclusive financial remedy for SLA breaches. Sunetix’s liability is otherwise limited as outlined in Section 8 (Liability and Warranties) of the ToS.

6. Client Responsibilities

6.1. Security and Access

Clients are solely responsible for maintaining the confidentiality and security of all account credentials, including passwords, API keys, and encryption certificates. Unauthorized access resulting from compromised credentials voids SLA guarantees and compensation eligibility. Clients must immediately notify Sunetix of any suspected security breaches via the designated support channel.

6.2. Data Backups

Clients are required to maintain independent, up-to-date backups of all data hosted on Sunetix’s infrastructure. Sunetix bears no liability for data loss, including losses incurred during hardware replacements, migrations, or security interventions. Backup responsibilities extend to databases, emails, and configuration files.

6.3. Compliance and Cooperation

Clients must adhere to Sunetix’s Acceptable Use Policy and provide timely, accurate information during support investigations. Failure to respond to diagnostic requests within twenty-four hours or refusal to grant necessary access for troubleshooting voids response time commitments and Service Credit eligibility.

6.4. Ticket Management

Clients are responsible for categorizing support tickets accurately and providing detailed logs, error messages, and replication steps. Misclassification of support requests, particularly the misuse of urgent priority levels, may delay resolution. Repeated misclassification may result in restricted support access.

6.5. Infrastructure Monitoring

Clients must monitor their services for performance issues and report disruptions promptly. Sunetix is not obligated to proactively detect or resolve Client-specific configuration errors, resource overages, or failures arising from third-party software.

6.6. Contact Information

Clients must ensure that their contact details in the Customer Portal remain current and monitor all communications from Sunetix, including service alerts and maintenance notices. Failure to maintain accurate contact information invalidates SLA protections.

6.7. Consequences of Non-Compliance

Breach of these responsibilities releases Sunetix from its SLA obligations, including uptime guarantees and compensation claims. Repeated non-compliance may result in service suspension or termination, as outlined in Section 6 (Termination and Suspension) of the ToS.

7. Exclusions

7.1. General Exclusions

This SLA does not apply to service disruptions, delays, or failures caused by Client Actions. Client Actions include, but are not limited to, misconfigurations, unpaid invoices, security breaches, or violations of the Acceptable Use Policy. Third-Party Services, including domain registrars, software plugins, APIs, or external integrations, are excluded from all guarantees and remedies under this SLA.

7.2. Force Majeure and External Factors

Sunetix is not liable for service disruptions caused by Force Majeure events, including natural disasters, wars, pandemics, utility outages, or infrastructure failures beyond Sunetix’s control. DDoS attacks, network congestion, or internet routing issues, even with active mitigation measures in place, are excluded from uptime calculations and compensation eligibility.

7.3. Maintenance and Upgrades

Scheduled Maintenance, communicated at least forty-eight (48) hours in advance, and Unscheduled Maintenance required to address critical security or stability risks are excluded from SLA commitments. Downtime occurring during hardware upgrades, software patches, or migrations initiated by the Client is similarly excluded.

7.4. Resource Abuse and Limitations

Services degraded or disrupted due to excessive resource consumption (e.g., CPU/RAM overages, inode exhaustion) are ineligible for Credits. Sunetix reserves the right to throttle or suspend services without prior notice to ensure infrastructure stability.

7.5. Client-Controlled Environments

Issues resulting from Client-controlled configurations, custom code, or administrative access (e.g., dedicated servers, VPS instances) are excluded from SLA coverage. This includes data loss stemming from self-managed backups, software conflicts, or unapproved modifications.

7.6. Legal and Regulatory Compliance

Sunetix is exempt from SLA obligations in cases where service suspension or termination results from legal orders, regulatory requirements, or investigations into unlawful activities.

7.7. Survival

SLA exclusions remain enforceable beyond the termination of this Agreement.

8. Technical Support Scope

8.1. Included Services

Sunetix provides technical support for issues directly related to the functionality, configuration, and accessibility of Services managed by Sunetix. Support includes troubleshooting server errors, network connectivity disruptions, operating system restoration, password resets, and hardware diagnostics. Assistance is limited to infrastructure and software components explicitly covered by the Client’s purchased Service plan.

8.2. Excluded Services

Sunetix does not provide support for third-party software, custom code, unsupported configurations, or Client-developed applications. This includes, but is not limited to, content management systems (CMS), e-commerce platforms, plugins, APIs, and custom scripts. Issues arising from Client negligence, such as misconfigurations, unpatched software, or resource overages, are excluded from support obligations.

8.3. Support Limitations

Technical support is provided on a best-effort basis. Sunetix does not guarantee resolution of all issues, particularly those involving third-party integrations, unsupported software, or compatibility conflicts. Support for non-standard configurations or legacy systems may be declined at Sunetix’s sole discretion.

8.4. Authorization and Access

For dedicated servers, VPS, or other Client-controlled environments, Sunetix may require explicit authorization to access administrative credentials or systems. Clients are responsible for securing sensitive data before granting access and must revoke access upon issue resolution. Sunetix disclaims liability for data breaches, configuration changes, or unintended consequences arising from authorized support interventions.

8.5. Software and Security Updates

Sunetix manages security patches and updates for core infrastructure and supported software, including control panels and hypervisors. Clients are responsible for maintaining up-to-date applications, plugins, and custom code within Client-controlled environments. Failure to apply necessary updates voids support eligibility for related issues.

8.6. Non-Guaranteed Outcomes

By requesting technical support, the Client acknowledges that Sunetix does not guarantee resolution of all reported issues. Support may involve recommendations, workarounds, or escalation to third-party vendors. Sunetix bears no liability for unresolved matters beyond its direct control.

8.7. Refusal of Support

Sunetix reserves the right to refuse support for accounts with unpaid invoices, unresolved abuse violations, or requests deemed outside Sunetix’s technical, financial, or operational capacity. Support refusals are accompanied by a written explanation citing applicable SLA or ToS provisions.

8.8. Survival

Obligations related to support authorization, liability limitations, and exclusions survive termination of the Agreement.

9. Liability and Indemnification

9.1. Liability Limitations

Sunetix’s liability for SLA breaches is strictly limited to the Service Credits specified in Section 5 (Service Credits). Under no circumstances shall Sunetix be liable for indirect, incidental, consequential, punitive, or special damages, including, but not limited to, lost profits, revenue, data, or business opportunities, even if advised of the possibility of such damages. The total liability of Sunetix for any claim arising under this SLA shall not exceed the total fees paid by the Client for the affected Services during the six-month period preceding the claim.

9.2. Indemnification Obligations

The Client agrees to indemnify, defend, and hold harmless Sunetix, its affiliates, directors, employees, and agents from all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from:

The Client’s breach of this SLA or the ToS.
Third-party claims related to the Client’s use of the Services, including allegations of intellectual property infringement, defamation, or illegal content.
Unauthorized access to or misuse of the Services resulting from the Client’s failure to secure credentials or data.

9.3. Exclusions

Sunetix is not liable for claims or losses resulting from:

Client Actions, including misconfigurations, negligence, or violations of the Acceptable Use Policy.
Third-party services, software, or hardware not directly managed by Sunetix.
Force Majeure events as defined in Section 10 (Force Majeure).

9.4. Sole Remedy

Service Credits issued under this SLA constitute the Client’s sole and exclusive remedy for Sunetix’s failure to meet performance commitments. No additional compensation, refunds, or damages may be sought or claimed.

9.5. Survival

Liability limitations and indemnification obligations under this section survive termination of the Agreement and remain enforceable indefinitely.

10. Force Majeure

10.1. Definition

Sunetix shall not be liable for any failure or delay in fulfilling its obligations under this SLA due to Force Majeure events. Such events include circumstances beyond Sunetix’s reasonable control, including, but not limited to, natural disasters, acts of war, terrorism, pandemics, governmental actions, utility outages, DDoS attacks, internet routing failures, or infrastructure disruptions caused by third-party providers.

10.2. Exclusion from Commitments

Service unavailability, degraded performance, or delayed support resulting from Force Majeure events are excluded from all SLA calculations, including uptime guarantees, response time targets, and hardware replacement timelines. Clients are not entitled to Service Credits or compensation for disruptions caused by such events.

10.3. Suspension of Obligations

During a Force Majeure event, Sunetix’s obligations under this SLA are suspended. Sunetix will make commercially reasonable efforts to mitigate the impact and restore normal operations but does not guarantee service restoration timelines.

10.4. Termination Rights

If a Force Majeure event persists for more than thirty consecutive days, either party may terminate the affected Services without penalty by providing written notice. Prepaid fees for unused Services will be refunded on a prorated basis, except where prohibited by law.

10.5. No Liability

Sunetix disclaims all liability for losses, damages, or expenses incurred due to Force Majeure events, including data loss, revenue impacts, or reputational harm. Clients assume all risks associated with prolonged disruptions.

10.6. Notification

Sunetix will notify Clients of Force Majeure events affecting Services via email or account alerts where feasible. Failure to provide notice shall not constitute a breach of this SLA.

10.7. Survival

Provisions concerning liability limitations, termination rights, and exclusions remain enforceable beyond the occurrence of a Force Majeure event.

11. SLA Request Process

11.1. Submission Requirements

Clients must submit all Service Credit claims via the designated support ticket system within seven calendar days of the incident. Claims must include the original ticket ID, server logs or monitoring reports with timestamps, and a written description of the impact on operations. Claims lacking sufficient evidence or submitted after the deadline are automatically denied.

11.2. Review and Validation

Sunetix reviews claims within thirty days of submission. The review process includes verification against server logs, ticketing system records, and SLA eligibility criteria outlined in Sections 2 (Service Availability and Uptime), 3 (Support Response Times), and 4 (Hardware Replacement). Clients may be required to provide additional evidence or clarification.

11.3. Approval and Credit Issuance

Approved Service Credits are applied to the Client’s next billing cycle. Credits are calculated based on the monthly fee for the affected Service and prorated for partial billing periods. The total Credits issued per claim shall not exceed fifty percent of the monthly fee, as specified in Section 5 (Service Credits).

11.4. Denial of Claims

Denied claims are accompanied by a written explanation citing specific SLA exclusions, such as third-party failures or Client negligence, or insufficient evidence. Clients may appeal denials by submitting additional evidence within seven days, but appeals are granted solely at Sunetix’s discretion.

11.5. Sole Remedy

The SLA Request Process constitutes the Client’s exclusive method to seek compensation for SLA breaches. No refunds, damages, or alternative remedies may be pursued.

11.6. Exclusions

Claims related to Force Majeure events, Scheduled Maintenance, or other exclusions specified in Section 7 (Exclusions) are ineligible for review.

11.7. Survival

Obligations related to claim submissions, credit approvals, and dispute resolution remain enforceable beyond termination of the Agreement.