Legal

1. Overview and Definitions

1.1 Purpose and Scope

This SLA specifies the quantitative and qualitative performance targets for the Services, as well as the financial remedies (Service Credits) provided by 3HCloud LLC ("3HCloud" or "Provider") to the Customer in the event such targets are not met.

3HCloud provides a 100% Uptime Guarantee, based on the availability of the network, host nodes, and virtual server instances, backed by the issuance of Service Credits for Unavailability.

In the event of a conflict between this SLA and the Terms, the provisions of Terms of use shall prevail. This SLA supplements but does not modify or supersede any provision of the Terms.

Notwithstanding the Disclaimer of Warranties in the Terms, the Terms of this SLA shall prevail solely regarding the definition of Availability and Credit calculation.

This SLA applies exclusively to paid Virtual Servers (Cloud Instances, VPS, Cloud Storage) and other cloud resources explicitly identified in Section 2.

This SLA DOES NOT apply to any Dedicated Physical Servers, Bare Metal solutions (regardless of type or purpose), or Colocation services.

1.2 Definitions

2. Service Level Objectives

2.1 Resource Availability (Uptime)

3HCloud guarantees that the Infrastructure (defined exclusively as the availability of the host node and the network port connected to our backbone network) will be available 100% of the time during each Billing Period.

We undertake this commitment to confirm the reliability of our Enterprise-grade systems.

2.2 GPU Resource Compensation

The operation and performance of GPUs (on virtual GPU instances) are excluded from the general Uptime Guarantee.

However, the cost of any confirmed downtime for GPU servers will be compensated on a minute-for-minute basis.

2.3 Network Monitoring and Packet Loss

3HCloud does not perform proactive monitoring of packet loss or transmission latency for specific individual Customers.

However, 3HCloud performs proactive monitoring of aggregate packet loss and transmission latency across its Local Area Network (LAN) and Wide Area Network (WAN).

In the event of packet loss exceeding 0.5% ("Excess Packet Loss") between a Customer’s instance and the first hop from 3HCloud’s edge router(s), the Provider will take measures to identify the source; however, such an event shall not constitute grounds for Service Credits unless explicitly verified as an infrastructure failure by 3HCloud.

Proactive monitoring of packet loss or latency for individual Customer services is an optional additional service that the Customer may request from 3HCloud. Significant packet loss may, at 3HCloud's sole discretion, be treated as Network Port Unavailability.

3. Service Credits and Remedies

3.1 Principles of Compensation

Exclusive Remedy. To the maximum extent permitted by applicable law, In the event of a failure to meet the Uptime Guarantee, the Customer’s sole and exclusive remedy, and 3HCloud’s sole and entire liability, shall be the issuance of Service Credits in accordance with the Compensation Table.

The Customer acknowledges that this limitation of liability is a fundamental basis of the bargain and applies even if this remedy does not fully compensate the Customer for actual losses or fails of its essential purpose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE CREDITS ARE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY VIOLATION OF THIS SLA. 3HCLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS.

Any Service Credit due to the Customer under this Uptime Guarantee will be calculated based on the downtime of the specific affected resource, not the Customer's entire account resource pool.

3.2 Calculation of Service Credits

Remedies for Unavailability are calculated according to the following schedule:

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To accurately calculate Service Credits, 3HCloud independently determines the occurrence of a failure and the duration of Unavailability. Information provided by the Customer is welcome but serves as a reference only and is not binding without confirmation by 3HCloud.

The duration of Unavailability is calculated to the nearest full minute, rounded up in favor of the Customer. Multiple incidents occurring within a single hour shall be aggregated and treated as a single incident.

3.3 Credit Request Procedure

To ensure continuous quality improvement, any claim under this SLA must be accompanied by a formal request submitted via the Ticket System (Support Ticket) within a reasonable time, but no later than sixty (60) days from the incident. 3HCloud reserves the right to consider late requests at its sole discretion.

This requirement is necessary to initiate a Root Cause Analysis (RCA), enabling our engineers to prevent recurrence.

Requests submitted via other channels, or without an explicit request for compensation, will not initiate the financial audit or Service Credit accrual process. Even if 3HCloud is aware of an outage, the issuance of Service Credits is possible only upon submission of a Ticket with an explicit request.

To expedite a positive decision, it is recommended that the Customer provide technical evidence of Unavailability (e.g., MTR/traceroute logs, error screenshots, application logs).

3.4 Crediting Procedure

Service Credits awarded under this SLA will be applied during the Billing Period following the review of the Customer's ticket.

The maximum total amount of Service Credits in a calendar month shall not exceed the monthly cost of the affected Customer resource. The Credit limit (1 month) is a sub-limit within the general set forth in Section 7 of the Terms liability cap (2 months).

If the Service Credit amount exceeds the Customer's monthly consumption, the balance will be carried over to subsequent months of service usage. Service Credits do not constitute a refund within the meaning of Section 9 of the Terms, are non-exchangeable for cash, and are non-transferable.

4. Exclusions

A failure to meet the SLA (100% Availability) shall not constitute grounds for Service Credits if such failure was caused by any of the following reasons:

4.1 Maintenance

Scheduled Maintenance: Downtime resulting from planned technical maintenance for which the Customer was notified via email (at minimum) forty-eight (48) hours in advance shall not be grounds for Service Credits, provided the downtime of the resource or network packet loss does not exceed ten (10) minutes. Urgent modifications permitted by Terms do not require 48-hour notice if necessary for security.

This provision supplements but does not supersede the notification requirements set forth in Section 1(a) of the Terms.

Emergency Maintenance: Downtime caused by emergency maintenance required to remediate critical vulnerabilities (with a CVSS score of 9.0 or higher) or to prevent an immediate threat to the integrity of the Infrastructure shall not be included in the calculation of Service Availability, even if prior notice was not provided.

4.2 Maintenance Requested by Customer

Unavailability caused by technical maintenance performed by 3HCloud at the request of the Customer shall not be grounds for Service Credits. The duration of such a Maintenance Window shall be agreed upon by 3HCloud Technical Support and the Customer.

4.3 Customer Actions and Software

Service Credits shall not be granted if the failure or Unavailability resulted from:

• The acts or omissions of the Customer;
• The Customer’s use of software;
• The installation of custom scripts;
• Failures in software installed by the Customer;
• Third-party technologies outside 3HCloud’s direct control.

The Uptime Guarantee does not cover unavailability of the Customer's software caused by a resource reboot (e.g., during migration, configuration changes, or other causes triggering a resource overload).

The Guarantee does not extend to the unavailability of Customer resources during the process of restoring instances from backups.

Advisory: If You are unsure whether Your software configuration guarantees availability in the event of a resource reboot, please contact 3HCloud Technical Support for consultation.

4.4 Violation of Terms of Use

Any Unavailability caused by the Customer’s failure to comply with 3HCloud’s Terms of Use or Acceptable Use Policy (AUP) is not eligible for Service Credits.

Any Unavailability resulting from the suspension of Customer activity that explicitly harms 3HCloud hardware is not eligible for Service Credits.

4.5 Payment Delinquency

Unavailability caused by the Customer’s failure to adhere to payment terms is not eligible for Service Credits. Customers with outstanding past-due balances for resource rental may not claim Service Credits, even if the Unavailability was caused by technical reasons on 3HCloud’s side.

4.6 Resource Over-Utilization

Unavailability caused by exceeding the limits of the instance configuration (e.g., disk space exhaustion) or excessive load leading to failures ("over-utilization") is not eligible for Service Credits.

4.7 External Factors and Security

DDoS attacks, viral or hacking attacks on the Customer’s infrastructure, and any Unavailability caused by security vulnerabilities introduced by Customer applications, code, or failure to apply regular patches/updates are not eligible for Service Credits.

Force Majeure: Service Credits are not provided if the failure is caused by security incidents or events outside the Provider’s reasonable control (e.g., natural disasters, military conflicts, insurrections, terrorist attacks, epidemics, labor disputes, fires, floods, or other acts of God).

Massive DDoS: DDoS attacks directed at 3HCloud infrastructure exceeding 100 Gbps or persisting for more than four (4) hours are recognized as a Force Majeure event in accordance with Section 10.7 of the Terms of Use.

4.8 Auxiliary and Beta Services

This SLA does not apply to the availability of the 3HCloud website, DNS servers, API, Control Panel, or integrations with payment systems.

Service Credits are not provided for the unavailability of services or features in Beta testing, nor for SLA violations resulting from the operation of Beta services.

This SLA does not apply to the availability of Customer instance backups.

4.9 Concurrency of Claims

None of the guarantees herein may be combined (e.g., an instance failure resulting in network unavailability entitles the Customer to only one compensation). In such situations, 3HCloud will apply the single most favorable Service Credit to the Customer.

Failures caused by legal actions taken against the Customer requiring the Provider to act in accordance with a court order are not eligible for Service Credits.

5. General Provisions

This SLA applies automatically to all Virtual servers provided by 3HCloud.

3HCloud reserves the right to amend this SLA by notifying Customers via email or public posting. Material changes will become effective thirty (30) days after posting, , except for changes required by applicable law, which become effective immediately.  Notification procedures are governed by Section 1(b) of the Terms of Use.

By continuing to use the 3HCloud Service, You agree to the terms of this SLA and acknowledge that all other terms, limitations, exclusions, waivers, and requirements contained in the 3HCloud Terms of Use apply to this Service Level Agreement.