Service Level Agreement

This Service Level Agreement ("SLA") sets forth the policies and procedures followed by VIRTUAL NETWORK LAB LLC FZ and its affiliates (collectively, "Peerobyte", "We", "Us"), the owner and operator of the peerobyte.com website (the "Site"), with respect to warranties and maintenance of service levels in providing Services or products to Our customers and users (collectively, "You" or "Your").

1. General Provisions

1.1. This document is also an integral part of the Peerobyte Customer Agreement (the "Customer Agreement").
1.2. Capitalized terms used herein and not defined herein are defined in the text of the Customer Agreement.
1.3. In the event of a conflict between the provisions of the SLA and the terms of the Customer Agreement, the provisions of the SLA will prevail, but only within the scope of the conflict.
1.4. If a separate service level agreement is entered into between you and Peerobyte, such agreement will override the provisions of the SLA. However, any provisions not covered by the signed SLA but contained in the SLA will continue to apply to your relationship with Peerobyte, unless expressly stated otherwise in the text of the signed SLA.
1.5. We reserve the right to make changes to the SLA at any time and in any manner. An updated or revised version supersedes all previous versions of the SLA immediately upon publication, unless the law provides otherwise.
1.6. An up-to-date version of this SLA is posted on the Site.
1.7. You should periodically check the SLA for changes by revisiting the Site, refreshing the page and noting the date of the last modification to this SLA, which is listed at the top of this document on the Site.
1.8. If We make any changes to the SLA that may materially affect Your interests, We reserve the right to notify You of such changes by sending an email and/ or a message to Your personal Account area on Our Site.
1.9. For ease of navigation, the SLA is organized into sections and subsections, each of which is titled in a manner that summarizes and approximates the essence of the aspects of the interaction between you, Peerobyte and third parties. However, it is important to recognize that the scope of the provisions cited may be broader than the headings indicate and often extends beyond the topics indicated in the heading, except where otherwise expressly stated in the text of the relevant provision.
1.10. You can ask questions about SLA by writing to Our support service by e-mail: [email protected]. If you have an Account on the Site, you can also contact Our support team via the Site's ticket system.

2. Basic Principles

2.1. We will use commercially reasonable and prudent efforts to ensure that Our Services and Products, are available at least 99.9% of the time during a calendar month.
2.2. A Peerobyte service or product is deemed unavailable if external connectivity to it is lost, except as set forth in the "Exceptions to Unavailability" section.
2.3. If any of the Services or product is unavailable in accordance with clause 2.2, you are entitled to a discount on the terms and conditions described in this SLA.

3. Calculation of service credit

3.1. If You lose access to Our Services or products, You will be entitled to receive a discount from Us on Your next billing period for those Services or products. The amount of this discount, hereinafter referred to as the "Service Credit", is based on the cost per hour per unit of the Service or product to which access was lost, at the rates in effect for You at the time of the incident. The amount of the discount will be equal to this cost per hour multiplied by the compensable time, which in turn is determined in accordance with the table below, based on the time taken to correct the problem:

Simply put, if Our Service or product becomes unavailable, then as compensation We will provide Our user or Customer with a certain amount of time to use that Service or product without charge.
3.2. The troubleshooting period begins when You send a notice of unavailability of any Service or Our product through the ticket system on the Site or to Our support e-mail address [email protected] and ends when the access problem is resolved. In the absence of notice of an accessibility problem with Our Services or products, We may not be able to provide You with a Service Credit.
3.3. The amount of Service Credits received by You under the SLA for any Service or product for each of the billing periods may not exceed the amount actually paid by You (excluding applied Service Credits) for the same Services or products in the billing period preceding the one for which the Service Credit is calculated.
3.4. The amount of Service Credit is determined separately for each Service, product and for each specific instance of the Service or product provided by Us. This means that if only one server in your arsenal of equipment becomes unavailable, the Service Credit will be calculated based solely on the cost per hour of that particular server, without regard to the cost of all other equipment, products or services You use.

4. Exceptions to inaccessibility

4.1. Certain circumstances that caused the unavailability of Our Services or products are not included in Service Credit calculations and will be referred to hereinafter as "Unavailability Exceptions" if caused:
● Planned, repetitive or no-impact maintenance work.
● Emergency Service, provided that We give You at least twenty-four (24) hours' notice of such service and its duration does not exceed four hours in any one month.
● Improper use of the Service or product by you, including those caused by your failure to follow instructions, safety rules or rules for use of the Services or products.
● Incompatibility, conflict, malfunction and other causes related to equipment, software, technology and other products used by you and third parties other than those directly controlled by Peerobyte.
● Your use of outdated software, lack of significant software updates from third parties or Peerobyte, or any other software failures on your end.
● Unavailability caused by third party service providers or resources, including but not limited to telecommunications companies, internet service providers and other similar services or resources, as well as data packet loss, network or internet connection problems occurring outside of the Peerobyte edge router that provides internet connectivity for the provision of the Services and products to you.
● The consequences of cybercriminals, malicious software, denial of service or distributed denial of service attacks, software bugs, and design flaws in hardware or infrastructure components.
● Force majeure or any other circumstances beyond Peerobyte's direct control, as well as events that could not have been prevented by the application of reasonable commercial prudence.
4.2. Service credit does not apply if you are unable to access Peerobyte resources, DNS servers, APIs or control panel.

5. Request for service credit

5.1. In the event that Our Services or products are unavailable to You for a reason other than one of the "Availability Exceptions", You may qualify for Service Credit if You promptly report an availability problem with any Peerobyte Service or product to Our technical support team. such report may be submitted through the Site's ticketing system or by email to [email protected] to Our support team. In the text of your incident report, please describe all units of the Service or product that you cannot access at the moment, this is important for determining the amount of Service Credit.
5.2. You may submit a Service Credit Request ticket to Our Support Team within thirty (30) calendar days of the date the incident ticket was sent through Our Site's ticketing system or through Our Support Team's email: [email protected]. A request for Service Credit must include the ticket number or the date and time of the email in which You notified Us of the incident. You may also include the Service Credit request immediately in the incident report.
5.3. Within thirty (30) calendar days after You submit a Service Credit request, We will approve or deny Your request based on Our review. Our review of the validity of Your request will be based solely on Our monitoring tools, Our data and records, which will be the sole source of information in Our decision on Your Service Credit request.
5.4. If We confirm the facts You have stated in Your application for a Service Credit, We will notify You of the approval of the application and the parameters of that Service Credit. Otherwise, We will notify You of the denial of the Service Credit and give You the reasons for the denial.
5.5. A Service Credit is issued to the person who was billed for Our Services or products accessed by the incident. Service Credit may not be transferred or assigned to third parties.
5.6. Service Credit is in the form of a discount on the next billing period's charges for Services or products whose availability has not been assured by Us. If You do not wish to renew Your use of Our Service or product whose accessibility has been interfered with for the next billing period, the Service Credit for that product or Service becomes null and void.
5.7. If You have any late payments on Our Services or products, You will lose Your eligibility for Service Credit.
5.8. The service credits set forth in the SLA are Your sole remedy for incidents causing lack of access to Our Services and products.
5.9. Peerobyte may, in its sole discretion, grant a larger Service Credit and/ or expand its availability, but you may not request it.