Last Updated: April 30, 2025
This Service Level Agreement ("SLA") is incorporated by reference into the Master Services Agreement (“MSA”) between 639 DC MAIN LLC (“Provider”) and the customer entity that entered into the MSA and /or executed the applicable Work Order (“Customer”). Capitalized terms not defined herein shall have the meanings set forth in the MSA.
1. Purpose and Scope. This SLA defines the service availability targets and related support terms applicable to the Virtual Private Server (“VPS”) Services provided by Provider. It applies separately to each Customer and each applicable Order Form.
This SLA is subject to the terms of the MSA, including Section 9 (Warranties and Disclaimers), Section 10 (Indemnification), Section 13 (General Terms), and also is subject to the Acceptable Use Policy. In the event of any conflict between this SLA and the MSA, the MSA shall control, except with respect to defined service levels and Service Credits, which shall be governed by this SLA. Abuse-related reports concerning VPS Service use may be submitted to abuse@639cloud.com.
Provider may update the SLA as described in Section 13.01 (Notice) of the MSA. The updated SLA shall apply thirty (30) days after notice, unless Customer elects to terminate under Section 3.03 (Termination by Customer) of the MSA.
2. Validity and Duration of the SLA.
2.1 This SLA remains in effect for the duration of the applicable Order Form and shall terminate upon expiration or termination of the related Services pursuant to Section 3.04 (Effect of Termination) of the MSA.
2.2 Modifications to this SLA shall be governed by Section 13.06 (Entire Agreement) and Section 13.01 (Notice) of the MSA.
3. Service Levels. Provider will use commercially reasonable efforts as described in Section 2.01 (Provider Obligations) of the MSA to meet the following Service Level targets:
Planned Maintenance is excluded from uptime calculations (see Section 4 below and Section 7 (Network and Maintenance) of the MSA).
4. Planned Maintenance. Planned maintenance windows are governed by Section 7.04 (Maintenance) of the MSA and shall not count against service availability.
5. Fault Reporting and Monitoring. Failures must be reported via Provider’s ticketing system pursuant to Section 6.03 (Customer Responsibilities and Acceptable Use) and Section 13.01 (Notice) of the MSA. Issues must be confirmed by Provider’s monitoring systems for SLA purposes.
6. Service Credits.
6.1 Availability-Based Credits.
6. Service Credits.
6.1 Availability-Based Credits.
6.2 Exclusions from Credits. Service Credits shall not apply to downtime resulting from:
6.3 Claiming Credits. Service Credit requests must be submitted within 10 days per the procedure in Section 13.01 (Notice) of the MSA. Credits will be applied to future VPS invoices only and are non-refundable (see also Section 5.01 (Fees and Payment Terms) of the MSA).
6.4 Sole and Exclusive Remedy. AS STATED IN SECTION 9.05(d) OF THE MSA, SERVICE CREDITS PROVIDED UNDER THIS SLA ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO MEET SERVICE LEVELS.
7. General Tems
7.1 Service performance is measured solely by Provider’s systems (see Section 8.01 (IP Ownership)).
7.2 This SLA does not apply during trial periods.
7.3 Service performance is measured solely by Provider’s systems (see Section 8.01 (IP Ownership)).Downtime not reported by Customer is not eligible for credits (Section 6.03).
7.4 Service performance is measured solely by Provider’s systems (see Section 8.01 (IP Ownership)).AS STATED IN SECTION 9.05 OF THE MSA, PROVIDER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR DATA..
7.5 Upon termination of Services, Customer shall remain liable for accrued charges per Section 3.04 and 3.10 (Effect of Termination) of the MSA.
7.6 Abuse and Acceptable Use Reports. Any suspected violation of the Acceptable Use Policy or the Anti-Spam Policy, or other misuse of the Services, should be reported to Provider via email at: abuse@639cloud.com
Reports should include all relevant information, including timestamps, originating IPs or domains, message headers, and a description of the suspected violation.
Such reports shall not constitute legal notice under the Agreement and should not be used to assert claims or initiate formal disputes. Legal notices must be delivered in accordance with Section 13.01 (Notice) of the Master Services Agreement.