Kinsta provides an industry leading product, and is pleased to support it with this Service Level Agreement (“SLA”). This SLA is hereby incorporated into the Terms of Service, and made a part of it. Terms not defined in this SLA have the definitions set out in our Terms of Service. The remedies set out in this SLA are Client’s sole and exclusive remedy for issues covered by the SLA.
We reserve the right to make changes to this SLA at any time in our sole discretion. If we make changes to this SLA, we will provide notice of such changes by revising the date at the top of this SLA. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review this SLA and check for any updates.
1. Uptime guarantee
Our goal is to ensure that the Service is available to Clients twenty-four hours a day, seven days per week, three hundred and sixty five days per year. Our guarantee is that Client Websites will be accessible at least 99.9% of the time (“Uptime Guarantee”). The Uptime Guarantee is limited to the portions of the Service strictly necessary for Client Websites hosted on our platform to remain accessible (“Necessary Services”).
The Uptime Guarantee does not include any systems external to Kinsta, nor does it include our control panel, our support system, our website, SSH/SFTP/phpMyAdmin access, or any other part of the Service which is not strictly necessary in order for Client Websites to remain accessible. Further, the Uptime Guarantee does not include outages that may result if the amount of traffic reaching a Client Website exceeds the capabilities of the Client Website, the Client’s hosting plan, or the Services.
We realize that our Uptime Guarantee may not be met. Accordingly, paragraph 2 sets out credits should we fail to meet our Uptime Guarantee.
2. How you receive credits
If we fail to meet the Uptime Guarantee, upon request, you will receive a credit of five percent (5%) of your hosting plan subscription Fee (for the month in which the Uptime Guarantee was not met) for each full hour (60 minutes) in which the Necessary Services are unavailable. Such credits are referred to as “SLA Credits.”
In order to be eligible to receive SLA Credits a request must be submitted to our support team, either via live chat in MyKinsta or by email to firstname.lastname@example.org, no more than 30 days after the end of the month in which the Uptime Guarantee was not met.
For example purposes only, if the Necessary Services are unavailable for 59 minutes, you will not receive any SLA Credit. If the Necessary Services are unavailable for a full hour (60 minutes), then you will receive a 5% SLA Credit on your next invoice (to the extent we did not meet the Uptime Guarantee).
SLA Credits shall be calculated based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet our Uptime Guarantee, may not be aggregated, and will not be paid in cash. If you terminate your Account or Agreement before the SLA Credit is applied, no refund or payment will be made for the SLA Credit.
3. When you will not receive credit
SLA credits will not be provided upon request if we fail to meet the Uptime Guarantee as a result of scheduled outages, emergency maintenance, or any force majeure events, as determined in our sole discretion.
Further, if the failure to meet the Uptime Guarantee is based on a non-standard environment, Client breach of the Terms of Service, Client machine access problems, or Client authored code or changes to the Service by parties other than Kinsta, you will not receive an SLA Credit.
In addition, you’ll not receive an SLA Credit for downtime resulting from maintenance performed Monday through Sunday, 2 am to 5 am, local to the server region time zone.