Service Level Agreement (SLA)

1. Overview

This Service Level Agreement (“SLA”) describes the service levels applicable to the hosting and platform services (“Services”) provided by Nitrode Corporation O/A ChartVPS Technologies (“ChartVPS,” “we,” “us” or “our”) to the customer (“Customer” or “you”). This SLA is part of and subject to the Terms of Service.

2. Uptime Commitment

ChartVPS will use commercially reasonable efforts to ensure that the Services are available 99.9% of the time during each calendar month (the “Service Commitment”).

• Uptime is calculated as: (TotalTime − Downtime) ÷ TotalTime × 100%
• TotalTime = total minutes in a calendar month
• Downtime = total minutes Services are unavailable due to outages

This uptime target does not guarantee uninterrupted service, but reflects our operational objective based on historical performance.

3. Service Availability Scope

The Service Commitment applies to:

• Network connectivity to customer environments
• Core compute (VPS/instances)
• Control plane access via the customer portal and API

Excluded from uptime measurement:

• Scheduled maintenance (see Section 6)
• Events outside ChartVPS’s control (see Section 8)
• Customer configuration errors
• Third-party service outages beyond our control

4. Monitoring and Measurement

Service availability is measured using:

• Internal monitoring systems
• Public synthetic checks
• Provider health metrics

Customers may request uptime reports upon reasonable notice.

5. Service Credit (Remedy)

If uptime falls below the Service Commitment in a calendar month, eligible customers may request a service credit as follows:

Credits are determined by total monthly downtime (aggregated across outages), not per incident.

Service Credits:

• Apply to the affected service subscription for the same billing period
• Must be requested in writing within 30 days of the end of the affected month
• Are the sole and exclusive remedy for SLA failures

Credits will not exceed the amount paid by the Customer for the affected service in the month when the breach occurred.

6. Scheduled Maintenance

ChartVPS performs maintenance to ensure stability, performance, and security.

Customers will be notified in advance when practicable.

Scheduled maintenance windows are not included in downtime calculations.

7. Customer Responsibilities

To support actual service levels:

• Ensure accurate contact information for service notifications
• Apply recommended configuration and patch updates
• Respond reasonably to operational support requests

Failure to comply with these may affect service availability and SLA eligibility.

8. Exclusions and Limitations

The Service Commitment does not apply to outages caused by:

1. Force majeure (natural disasters, acts of war/government, etc.)

2. Third-party service provider failures (e.g., upstream cloud, ISP)

3. Customer misuse, misconfiguration, or SSH/credential compromise

4. Distributed denial-of-service (DDoS) attacks beyond our mitigation capacity

5. Scheduled or emergency maintenance

9. Definitions

• Downtime: Period when Services are unavailable as measured by ChartVPS monitoring.
• Service Credit: A credit toward future bills as defined in Section 5.
• Customer Request Suspension: A service outage initiated by customer configuration or request.

10. Governing Law

This SLA is governed by the laws referenced in the Terms of Service.

11. Entire SLA

This SLA, together with the Terms of Service and any applicable policies, constitutes the complete service level agreement between Customer and ChartVPS.