Service-Level Agreement (SLA)

Hardware Replacement

FES.CLOUD guarantees that in the event of any hardware failure, the faulty hardware will be replaced within 5 hours of identifying the problem.

If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month.

However, this guarantee excludes the time required to perform all additional maintenance related to software, firewalls, cloning of hard drives, rebuilding web accounts using backups, load balancer(s), reloading applications, reloading the operating system, rebuilding of RAID arrays or any changes in hardware like network switches and network routers. Also, FES.CLOUD will not be responsible for any data loss of their customers, in case of any hardware problem, system crash, and any downtime or hard disk crash. Issues of these type may take 8-10 days for running properly.

Dedicated server hardware covered under this guarantee includes processor(s), hard drive(s), RAM, network card(s), motherboard and all other hardware that is related directly to the server offered in the plan.

 

Hardware Upgradation

In the event of ordering an upgrade, the upgrade will be completed within 5 hours of being scheduled. This upgradation needs to be scheduled with our support team. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month.

However, this guarantee would be void in the rare event of hardware/software in question being unavailable in the FES.CLOUD’ inventory. The customer would be properly notified of the situation within 3 hours.

*Hardware upgradation and replacement only cover classical dedicated servers and not V-ready or Hybrid servers or Cloud VPS or any other hosting.

 

Network Uptime Service Level Agreement

We guarantees 99.9% network uptime to customers.

 

Network downtime

may be defined as FES.CLOUD’s network unavailability (excluding maintenance period) for continuous 20 minutes of time with no internet traffic to the server as verified by the support team at FES.CLOUD. Downtime is determined from the time when the affected customer raises a support ticket to the time FES.CLOUD considers the problem as resolved.

In an unlikely event of downtime, FES.CLOUD will compensate customers as given below:

If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month.

All requests for compensation must be sent within 6 business days of the incident in question. The compensation amount will not exceed customer’s first month’s invoice amount. However, this SLA will not be applicable for any month in which the customer is the payment defaulter or has breached FES.CLOUD’s Terms of Service.

*Network availability will be calculated depending upon the customer’s billing cycle and may be calculated differently for different customers.

 

Exclusions to Network SLA

There are a number of situations that are beyond FES.CLOUD’s control and are therefore not covered in this SLA. These include:

 

Software Maintenance

In case FES.CLOUD is managing your server, then software will be updated occasionally for addressing performance or security issues. We will ensure that you don’t experience downtime during this updation process but we may not be able to guarantee this every time and for all situations.

 

Hardware Maintenance

FES.CLOUD will try to reduce any downtime in rare events when your dedicated server hardware needs replacement or maintenance. However, any downtime resulting from such maintenance will not be accounted for in our network SLA.

 

Network Maintenance

FES.CLOUD will promptly notify you of any upcoming maintenance through maintenance announcements on your member panel and through fes.cloud. However, it is the responsibility of the customer to stay updated with the latest information by continuously checking FES.CLOUD’s emails.

 

Web Hosting Panel Issues

In case you experience downtime due to automatic updation of any web hosting panel related software, then FES.CLOUD will try to resolve it but is unable to promise a resolution time.

 

Judicial Proceedings

If some legal action is initiated against a FES.CLOUD customer, then FES.CLOUD will act according to the law and this SLA will stand void in such case.

 

Malicious Attacks

In case of any DDoS attack or third party attack against a customer’s server or FES.CLOUD’s network, every possible step will be taken to counter the attack but a resolution time cannot be guaranteed in such cases.

Furthermore, if you order a server that is currently not in stock or requires some customization that may take some time, then you’ll be informed about the delivery time by our provisioning team within 4 hours and such cases will not be covered under this SLA.

 

 

Credit Issue Exceptions

In addition to all the points mentioned above there are certain exceptions to the eligibility of the customer to obtain credit. Credits will NOT be given in case of circumstances mentioned below:

  • The hardware failure or downtime is caused by the customer or any third party authorized by the customer to utilize the service.
  • If the customer’s payment due date has passed at the time of occurrence of hardware failure or downtime.
  • The occurrence of hardware failure or downtime is because of maintenance.
  • The occurrence of hardware failure or downtime is because of failure of equipment, services, power, systems, networks or facilities that are not provided, managed or owned by FES.CLOUD.
  • The occurrence of hardware failure or downtime is because of some failure of a third party service to FES.CLOUD.
  • The occurrence of hardware failure or downtime is because of failure of third party software, application or operating system failure.
  • The occurrence of hardware failure or downtime is because of some malicious attack like distributed denial of service attack, hacking or any other third party attack targeted at FES.CLOUD, the network of FES.CLOUD, or a customer of FES.CLOUD.
  • The occurrence of hardware failure or downtime is because of any event beyond the control of FES.CLOUD like flood, fire or any other natural calamities.

 

Refund Policy

www.fes.cloud may, but is under no obligation to, honor requests for refunds for the following reasons:

Although all the products are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for its approval of your refund request.

A request based on this reason is addressed on a case-by-case basis and subject to our approval. To prevent this kind of claim from arising, every customer is encouraged to check thoroughly- video overviews, demo links, product samples and screen shots of each type of the product offered before making a purchase.

Some products/services come in refund class with some time limitations, the details of which are clearly mentioned on the website.

*The funds that are actually refunded may not be equal to the funds you requested due to one or more of the following factors:

Our refund policy, foreign exchange conversion fluctuations, Bank charges, which may be deducted by our bank and/or yours.

 

Terms and Conditions:

  • CLOUD extends this SLA to its direct clients only. FES.CLOUD is not liable for downtime caused by a reseller of its services.
  • CLOUD offers SLA credits for use in future billing cycles only. SLA credits are non-transferable in any way. SLA credits may not be exchanged for currency of any kind.
  • SLA credit is calculated from the time a ticket is opened regarding the issue to the time the issue is resolved.
  • Any Customer account not in good standing on payments is not eligible for SLA credit.
  • Any Customer account which has had been out of good standing on payments 2 times or more within past 6 months prior to the outage is not eligible for SLA credits.
  • Any Customer server disconnected due to violation of the AUP/TOS is not eligible for SLA credit.
  • All SLA claims must be made with the sales department, and will be issued as account credits.
  • Any Customer making false SLA credit claims may be charged a $50 administrative fee per offense.
  • All SLA claims must be made within seven days of the service downtime. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.
  • SLA credits may not exceed the full monthly amount of the server they are being applied to.
  • SLA credit claims can only be made by an authorized user on the account. All other unauthorized claims will be denied.
  • SLA credits may not be stacked, i.e. claiming SLA credit on both uplink downtime, as well as power downtime during the same incident.
  • In no way does the FES.CLOUD SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit.
  • Any form of management by FES.CLOUD of Customer software is not eligible to be included in the FES.CLOUD SLA. Any form of hardware reconfiguration due to software or management of software is not eligible to be included in the FES.CLOUD SLA.
  • Faulty hardware qualifies for the Hardware SLA only when 4 hours have passed from the time that a FES.CLOUD Technician has officially diagnosed the problem as being caused by faulty hardware. Until diagnosis is confirmed, the Hardware SLA is inactive.
  • Hardware upgrades are eligible for the Hardware SLA only after 4 Hours from the scheduled (between Customer and support) time for repair passes. All hardware upgrades must be scheduled with support in order to be eligible for the Hardware SLA. Immediate, or “as soon as possible” hardware upgrades are not eligible for the Hardware SLA.
  • Any failure outside of the FES.CLOUD network itself, including bandwidth carrier outages, are not eligible for SLA credit.
  • Scheduled maintenance of FES.CLOUD network is not eligible for any form of SLA credit.
  • Acts of God, including weather, natural disaster, or any other disaster outside of the control of FES.CLOUD are not eligible for SLA credit.
  • The FES.CLOUD SLA is subject to change or revision without notice.