Agreement on the level of service provided by the Datacheap.ru data center
1. DEPARTMENT WORKING HOURS
1.1. The customer service department is open from Monday to Friday from 09.00 to 18.00 Moscow time, except Saturday, Sunday and internationally recognized national and city holidays.
1.2. The sales department is open from Monday to Friday from 09.00 to 18.00 Moscow time, except Saturday, Sunday and internationally recognized national and city holidays.
1.3. Technical support is available around the clock on weekdays and weekends, including during internationally recognized Russian and city holidays.
2. AREAS OF RESPONSIBILITY OF THE CONTRACTOR AND CUSTOMER
2.1. The Contractor's guarantees apply only to the Contractor's area of responsibility, which covers terminal equipment (physical server components), if it is installed for the Customer by the Contractor, is under the control of the Contractor and its installation is part of the Services.
2.2. Cases of DDoS attacks are not the responsibility of the Contractor. In the event of a DDoS attack on the Customer's server, if this attack significantly affects the performance of the equipment, the Contractor has the right to block access to the Customer's server.
2.3. The Customer is responsible for all other elements of the system, including installation and configuration of server and application software, information security, backup and data recovery systems.
3. PROCEDURE FOR PROVIDING SUPPORT
3.1. Technical support
3.1.1. The Contractor, through communication (correspondence) with the Customer electronically in the Contractor's Automated Payment System (ASP) (https://vps.datacheap.ru) in the “Requests” section, provides technical advice on issues related to the provision of Services specified in the Orders to Services.
3.1.2. Technical support includes the following work and consultations:
- Reboot, enable, disable the server, reinstall the OS (in case of renting the Contractor’s equipment);
- Visual monitoring of equipment;
- Solutions to network problems;
3.1.3. System administration work that is not described in clause 3.1.2. can be performed only after prior agreement with technical service specialists in electronic form in the Contractor’s ACP (https://vps.datacheap.ru) in the “Requests” section. Work is performed on a paid basis. The terms of this Agreement do not apply to the speed and quality of such work.
3.1.4. The specified technical consultations do not include consultations on programming, “web design”, as well as training in Internet skills and use of the Services.
3.1.5. The Contractor undertakes to accept the technical request and notify the Customer of acceptance within 3 (three) hours.
3.2. Information support
3.2.1. Information support involves obtaining reference information about the services provided, tariff plans, rules for processing client requests and domain names.
3.2.2. Information support is provided by the sales department during department working hours (see clause 1.2.) by phone, via chat on the website https://datacheap.ru, email, application created in the Contractor's (ACP) (https://vps. datacheap.ru) in the “Requests” section.
3.2.3. The Contractor undertakes to respond to the information request within an hour if the Customer applied during the working hours of the customer service department.
3.2.4. If the Customer made a request 1 (one) hour or less before the remaining working hours of the customer service department, the Contractor has the right to leave the request until the next business day.
4. SPECIFICATIONS OF TARGET LEVELS OF SERVICE QUALITY
4.1. Service activation speed
4.1.1. After the Contractor receives payment for the Service under the Agreement and the Service is received for processing, access to the Service is provided within 1 hour - for Services of the “Virtual Server” type, within 48 hours – for Services of the “Dedicated Server” type.
4.2. Guaranteed service operating time (uptime)
4.2.1. The Contractor guarantees the availability of the Service at least 99.9% at the end of the month (no more than 43 minutes of lack of access to the service during the month according to the Contractor’s monitoring system). The service availability indicator excludes the time spent on carrying out planned work on upgrading the hardware and software of the server or other equipment of the technological site, as well as unplanned work, of which the Customer is notified by e-mail.
4.3. Channel capacity
4.3.1 The Contractor guarantees the channel capacity for the “Virtual Server” type service, which is 1000 Mbit/s.
4.4. Emergency situations, response time
4.4.1. In the event of failure of the hardware and software of the server or other equipment of the technological site, the time for troubleshooting is no more than 24 hours from the moment the problem was discovered.
4.4.2. Detection of a malfunction occurs at the moment the Contractor receives an application from the Customer to eliminate the malfunction or at a time recorded directly by the Contractor.
4.4.3. Replacement of equipment installed by the Contractor to the Customer as part of the provision of Services is carried out by the Contractor without additional payment, except in cases where the Customer did not comply with the terms of the Work Regulations, as well as in the event of other guilty actions of the Customer. The Contractor has the right to temporarily install another type of equipment to replace faulty equipment, if this does not impair the quality of the Customer’s Services.
4.5. Technical work
4.5.1. Planned technical work is always carried out during the hours of least activity of Internet users. During technical work, the availability of the service may be temporarily limited.
4.5.2. In the case of scheduled maintenance work carried out by the Contractor or other organizations, the implementation of which the Contractor was aware of, the Contractor is obliged to notify the Customer by e-mail or on the official website of the Contractor about these works no later than 24 hours before the start of the work (except for unexpected and unplanned repair and maintenance work).
5. COMPENSATION AND DISPUTE RESOLUTION
5.1. If, due to the Contractor’s fault, there was a failure to comply with one of the above clauses of the Agreement, which led to the Customer’s inability to use the Services, then, at the Customer’s request, the Contractor recalculates the monthly fixed payment. Recalculation is carried out based on the duration of the interruption in the provision of Services in the amount of 1/30 of the fixed monthly payment for interrupted Services lasting more than 43 minutes per month. Interruptions in the provision of Services lasting more than 43 minutes are rounded up to 1 day. Interruptions in the provision of Services lasting less than 43 minutes are not taken into account in recalculation.
5.2. Compensation is provided in the form of an increase in the period of provision of services based on the results of the calendar month. Compensation, in accordance with this clause of the Agreement, is carried out only if the Customer has paid for the Contractor’s services on time.
5.3. To receive compensation, you must create a request in the Contractor’s ACP in the “Requests” section within one calendar month from the date of violation by the Contractor of this agreement, which led to the Customer’s inability to use the services for more than 43 minutes.
5.4. Compensation is not provided in the following cases:
- if services are provided in test mode;
- if the suspension of service is caused by a violation of the terms of the Agreement and its annexes;
- occurrence of force majeure circumstances;
- carrying out planned and unplanned technical work, of which the Customer was notified within the time frame established by this agreement;
- other circumstances outside the area of responsibility of the Contractor.