Service Level Agreement
last modified on July 22, 2024
The following Service Level Agreement (also called “SLA” or simply “Agreement”) applies to all services provided by Virtual Systems LLC (“Virtual Systems”, “we”, “us”) to its clients (“Clients”, “Users”, “You”). With the purchase of every web hosting or additional services offered by Virtual Systems you specifically agree to this SLA and ToS.
DEDICATED SERVER DEPLOYMENT
THE TIMELINES ARE INDICATED ON THE ORDER PAGE OF THE WEBSITE HTTPS://VSYS.HOST OR COULD BE SEPARATELY AGREED UPON BETWEEN VIRTUAL SYSTEMS LLC AND THE CLIENT IN THEIR RESPECTIVE CORRESPONDENCE (INCLUDING VIA EMAIL), WHICH TAKES PRECEDENCE. FOR CUSTOMIZED DEDICATED SERVERS, DEFINED AS SERVERS THAT WE DO NOT CURRENTLY HAVE IN STOCK OR THOSE THAT REQUIRE HARDWARE UPGRADES OR PHYSICAL CHANGES TO MEET CLIENT NEEDS, THE SERVER PREPARATION TIME IS NOT DEFINED. HOWEVER, YOU WILL BE INFORMED ABOUT THE ESTIMATED SERVER PREPARATION TIME BEFORE WE PROCESS YOUR ORDER. IF VIRTUAL SYSTEMS LLC DELAYS THE ORDER, IT MAY RESULT IN A REFUND OF FUNDS AT THE DISCRETION OF THE CLIENT.
HARDWARE REPLACEMENT:
IN THE EVENT OF A COMPLETE LACK OF SERVICES, TROUBLESHOOTING SHOULD NOT EXCEED 2 HOURS FROM THE MOMENT THE VIRTUAL SYSTEMS’ TEAM BECOMES AWARE OF THE ISSUE. THE REPLACEMENT SHOULD BE COMPLETED WITHIN 12 HOURS OF THE COMPLETION OF TROUBLESHOOTING. IN THE EVENT OF A PARTIAL LACK OF SERVICES, WHEREIN THE SERVICES OPERATE WITH INTERRUPTIONS, TROUBLESHOOTING SHALL PROCEED AS NECESSARY WITHOUT A DEFINED TIMEFRAME. UPON DETERMINING THE CAUSE, WE RESERVE THE RIGHT TO UNILATERALLY DECIDE ON REPLACEMENT AND ESTABLISH THE REPLACEMENT TIMEFRAME, OR ALTERNATIVELY, REACH AN AGREEMENT WITH THE CLIENT. WE SHALL REPLACE THE HARDWARE WITH THE SAME OR BETTER UNLESS OTHERWISE AGREED UPON INDIVIDUALLY WITH THE CLIENT.
NETWORK AND POWER UPTIME:
Virtual Systems LLC hereby guarantees an annual network and power uptime
(hereinafter referred to as “uptime”) of 99.9%, excluding scheduled
maintenance periods. Downtime resulting from actions taken by the Client
or its end-users or Distributed Denial of Service (DDoS) attacks, even
if the Client has purchased DDoS protection services, shall not be
included in the calculation of uptime.
Exceeding Downtime Allowance: Should network or power downtime exceed 3
hours annually, the Client may choose to request compensation or
terminate the Services. In the event of downtime exceeding 3 hours
annually and upon the Client's request for compensation, Virtual Systems
LLC shall refund the Client for the affected period as follows: Virtual
Systems LLC shall not be liable for downtime exceeding the monthly
service fee. If the Client has prepaid for services beyond one month,
the compensation shall be prorated on a monthly basis.
Unscheduled Maintenance: Unscheduled maintenance may be conducted by
Virtual Systems LLC to ensure network and power reliability and
security. Virtual Systems LLC shall endeavor to minimize downtime during
unscheduled maintenance; however, downtime resulting from unscheduled
maintenance shall not be included in the calculation of uptime.
“Downtime” refers to a period of time that a system fails to provide or
perform its primary function. Downtime is measured based on server-side
error rate.
CLIENT’S SUPPORT:
Virtual Systems LLC hereby guarantees an annual network and power uptime
(hereinafter referred to as “uptime”) of 99.9%, excluding scheduled
maintenance periods. Downtime resulting from actions taken by the Client
or its end-users or Distributed Denial of Service (DDoS) attacks, even
if the Client has purchased DDoS protection services, shall not be
included in the calculation of uptime.
Exceeding Downtime Allowance: Should network or power downtime exceed 3
hours annually, the Client may choose to request compensation or
terminate the Services. In the event of downtime exceeding 3 hours
annually and upon the Client's request for compensation, Virtual Systems
LLC shall refund the Client for the affected period as follows: Virtual
Systems LLC shall not be liable for downtime exceeding the monthly
service fee. If the Client has prepaid for services beyond one month,
the compensation shall be prorated on a monthly basis.
Unscheduled Maintenance: Unscheduled maintenance may be conducted by
Virtual Systems LLC to ensure network and power reliability and
security. Virtual Systems LLC shall endeavor to minimize downtime during
unscheduled maintenance; however, downtime resulting from unscheduled
maintenance shall not be included in the calculation of uptime.
“Downtime” refers to a period of time that a system fails to provide or
perform its primary function. Downtime is measured based on server-side
error rate.
Live Operator Response Time: Virtual
Systems LLC guarantees that a live operator will be available for
assistance within 15 minutes of receiving the request.
Exceeding Downtime Allowance: Should network or power downtime exceed 3
hours annually, the Client may choose to request compensation or
terminate the Services. In the event of downtime exceeding 3 hours
annually and upon the Client's request for compensation, Virtual Systems
LLC shall refund the Client for the affected period as follows: Virtual
Systems LLC shall not be liable for downtime exceeding the monthly
service fee. If the Client has prepaid for services beyond one month,
the compensation shall be prorated on a monthly basis.
Technical and Non-Technical Tickets:
Technical and non-technical tickets are handled separately. Only
Clients, as defined in the Terms of Service (ToS), are eligible for any
kind of support provided by Virtual Systems LLC.
Tickets Response Time: Technical tickets
reporting server-related issues and is explicitly stated as “urgent” by
you in communication with Virtual Systems LLC support team, will be
treated as major service incident, i.e. will be treated as highest
priority issue, assigned a designated specialist responsible for
resolution, reported to Virtual Systems management, investigated and
resolved according to our incident management procedure. Major service
incident tickets will not be closed without review and explicit
acceptance of resolution from you. All other tickets, including
technical issues that do not require immediate actions, will receive a
response within 2 (two) business days after being received from the
Client and forwarded to our technical support team.
Exclusion of Unregistered Requests:
Requests from individuals who are not Clients, as defined in the ToS,
are not eligible for this response time guarantee.
Billing Team Response Time: Virtual
Systems LLC guarantees a billing team response time of up to 2 (two)
business days. No action will be taken to terminate services for
non-payment until a response is received from the billing department,
starting from the moment the ticket is received from the Client.
Please note: This response time guarantee does not apply to requests outside the scope of technical support, such as general inquiries or sales-related questions. Additionally, Virtual Systems LLC reserves the right to prioritize support requests based on severity and impact on services.
Technical Live Support: availability: Virtual Systems LLC offers 24/7 technical live support to its Clients.
While we strive to resolve issues promptly, we do not guarantee
immediate issue resolution. Technical live support may assist in
addressing straightforward inquiries or provide consultation. This
clause outlines that technical live support is available around the
clock, but does not guarantee immediate issue resolution. It clarifies
that support may involve addressing simple inquiries or providing
consultation.
The client agrees that by submitting a case to our technical support
team, they fully authorize the intervention, operation and management of
our technical support team on the entire Client’s account. We will do
our best to fit the timeframe for any case resolution expected by the
Client, however, we are not obligated to achieve case resolution nor any
particular outcome or result.
Virtual Systems reserves the right to refuse technical support service
to our Clients only after specifically specifying the reason behind that
outcome.
The Clients agree that any technical support service listed on our
website or mentioned anywhere may not be successful and the submitted
issue might remain unresolved. Furthermore, the Client agrees that the
technical support service might not be provided at all in case the
support request/issue is not financially, technically or physically in
the capabilities of Virtual Systems.
Software Configuration Policy:
Virtual Systems LLC does not provide software configuration services as
part of its standard offerings. Requests for software configuration are
evaluated based on their relevance to the standard operation of services
provided by Virtual Systems LLC. Only requests pertaining to the
standard operation of services will be considered for review. Requests
for specific or non-standard software configuration will not be
entertained as part of our standard service offerings.
Exceptional Cases: Specialized software configuration services may be
provided under separately agreed terms and conditions. Such specialized
services will be subject to separate agreements and may involve
additional charges.
VIRTUAL SYSTEMS’ SLA EXCLUSIONS:
The service commitment does not apply to any unavailability, suspension
or termination of the Virtual Systems LLC or any other Virtual Systems
LLC performance issues: (i) caused by factors outside of our reasonable
control, including any force majeure event or Internet access or related
problems beyond the demarcation point of Virtual Systems LLC; (ii) that
result from any actions or inactions of you or any third party,
including failure to acknowledge a recovery volume; (iii) that result
from your equipment, software or other technology and/or third party
equipment, software or other technology (other than third party
equipment within our direct control); (iv) that result from any
maintenance as provided for pursuant to the Agreement; or (vii) arising
from our suspension and termination of your right to use Virtual Systems
LLC in accordance with the Virtual Systems LLC ToS; (ix) that result
from your fail to pay fees due (collectively, the “Virtual Systems LLC
SLA Exclusions”).
Virtual Systems does not hold any liability in case any of the offered
Services are unavailable due to factors not related to the company,
caused by any third-party services used as part of any Services that we
offer or any planned by the company maintenance windows. In case there
is such downtime:
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The associated period of service unavailability shall not be considered as Service Downtime.
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The client is not entitled to receiving compensation in the form of credits.
Typically, such outages are caused by:
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A scheduled or planned maintenance on the infrastructure used by Virtual Systems, provided that Virtual Systems has informed the client of such procedure at least two (2) days prior to the maintenance date.
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Factors outside Virtual Systems’ reasonable control.
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Violation of our Terms of Service.
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Force majeure events, including but not limited to acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care.
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Downtime during the upgrade of your Cloud SSD VPS or Dedicated Server.
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Downtime caused due to reached resource capabilities.
Scheduled or Unscheduled Maintenance Windows:
Complex technologies require constant maintenance to be up to date with their latest security and performance patches. Virtual Systems may perform scheduled or unscheduled maintenance depending on the state of our web hosting infrastructure. The maintenance may include but it is not limited to:
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Hardware repairs such as component replacements, upgrade of servers and general server infrastructure maintenance.
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Software updates such as web service security and performance patches, control panel updates, operating system updates, and general service replacements.
Such procedures will be handled in a timely manner in order for the impact on the clients’ websites to be minimal.
Additional Services and Third-Party provided Services:
The web hosting services we offer may or may not include third-party
software or service bundled as part of the offered web hosting packages.
Typically, such services are used to improve the overall web hosting
experience for our clients or to add additional functionality, feature,
and security or performance improvement.
Upon purchasing a web hosting service with us the client agrees that the
purchased web hosting service may or may not include or be a part of a
third party provided service or software that is not maintained by
Virtual Systems.
The client agrees that Virtual Systems cannot be held responsible for
any service interruptions caused by such software. Virtual Systems
cannot guarantee the health, development, and general availability of
such services.
CLIENTS’ RESPONSIBILITY FOR SECURITY CREDENTIALS
Clients' Responsibility: Clients are solely responsible for maintaining the
confidentiality and security of all passwords, encryption keys, and other
security credentials (collectively, “Security Credentials”) associated with
their account and use of the services provided by Virtual Systems. Clients shall
ensure that their Security Credentials are stored securely and not shared with
unauthorized persons.
Support Access: In the event that the Client requires Virtual Systems' technical
support and the responsible support specialist necessitates access to administrative
Security Credentials, the Client may grant Virtual Systems' technical support specialist
temporary access to the necessary Security Credentials only with the Client's prior approval.
Prior to granting such approval and access, the Client is responsible for ensuring that all
sensitive information, financial assets, and other valuable items are adequately secured and
protected.
Authorization and Liability: By authorizing Virtual Systems' technical support specialist to
access the Security Credentials for support purposes, the Client acknowledges and agrees that
neither Virtual Systems nor Virtual Systems' technical support specialist shall be held liable
for any loss or damage arising from such access, including, but not limited to, data breaches,
unauthorized transactions, or any other form of loss. The Client assumes full responsibility
for any consequences resulting from the authorized access by Virtual Systems' technical support
specialist.
Post-Support Security: Upon closing the technical support ticket, the Client is responsible for
changing all passwords, encryption keys, and other security credentials that were provided to
Virtual Systems' technical support specialist for dealing with the technical support ticket.
The Client must ensure that these credentials are updated to maintain the security and integrity
of their account and services.
Notification: The Client agrees to promptly notify Virtual Systems upon becoming aware of any
unauthorized access to, or use of, their Security Credentials or account.
Note: the “Support Access”, “Authorization and Liability” and “Post-Support Security” clauses
apply to Virtual Systems services where we do not have administrative access to the Client’s
account, specifically to dedicated servers and VPS services. This means that our support team
will not have direct access to your account unless explicitly provided by you for support
purposes.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL VIRTUALS SYSTEMS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINESS, ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR OR YOUR END USERS USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF VIRTUAL SYSTEMS LLC, ITS EMPLOYEES, SUBCONTRACTORS, CONTRACTORS OR SUPPLIERS. THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF VIRTUAL SYSTEMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL SYSTEMS ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) THE CLIENT'S FAILURE TO MAINTAIN THE SECURITY AND CONFIDENTIALITY OF SECURITY CREDENTIALS, (II) ANY UNAUTHORIZED ACCESS OR USE OF THE CLIENT'S ACCOUNT OR SECURITY CREDENTIALS, OR (III) ANY AUTHORIZED ACCESS BY VIRTUAL SYSTEMS TO THE CLIENT'S SECURITY CREDENTIALS PURSUANT TO THE CLIENT'S REQUEST FOR SUPPORT SERVICES. IN NO EVENT SHALL VIRTUAL SYSTEMS LLC BE LIABLE TO YOU OR YOUR END USERS WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S) DURING THE SIX (6) MONTHS PERIOD PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY. THIS IS AN AGGREGATE LIMIT. IF UNDER THE LAW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOR PERMITTED THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. VIRTUAL SYSTEMS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE VIRTUAL SYSTEMS SERVICES, AND VIRTUAL SYSTEMS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE VIRTUAL SYSTEMS FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
Indemnification:
You agree to indemnify and hold harmless Virtual Systems LLC, its directors, officers, affiliate, employees, agents, subsidiaries, shareholders and any third parties against and from any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against Virtual Systems LLC arising in connection to (i) your, your End Users, employees or agents use of our services, (ii) any breach or violation by you, your End Users, employees or agents of our ToS; (iii) arising out of or in any way connected with the unauthorized use or disclosure of Security Credentials, whether by the Client or any third party, or (iv) any acts or omissions by you, your End Users, employees or agents (i) any personal injury or property damage in any way resulting from the acts of you, your End Users, employees or agents; (ii) any claim by a third party that the content, use and/or publication of information and communications transmitted by you, your End Users, employees or agents using the Services (“Content”) infringes upon the rights of such third party, regardless of the form of action, whether in contract, tort, warranty, or strict liability and whether in respect of copyright infringement or any manner of intellectual property claims, defamation claims, claims of publication of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material; or (viii) your, your End Users, employees or agents failure to comply with applicable data breach or data protection legislation. The terms in this section shall survive the termination of this Agreement.
