This Agreement (the “Agreement”) is entered into between Framework.sh (2035 Sunset Lake Road, Suite B-2, Newark, DE 19702 US, a Delaware corporation, or “Framework”), a limited liability company, and the Client (“you”), and comes into effect by placing an order at https://www.framework.sh (the “Website”), by creating an account, or via physical or digital signature on any contract for the provision of Framework’s services.

The scope of this Agreement extends to all services provided on this website. Should you click through to another website from this website, the Terms of Service, Privacy Policy and Cookies policy of such website shall apply.

1. TERMINOLOGY

  1. The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements:
    1. "Client", “Customer”, "you" and "your" refers to you, the person accessing this website and accepting the Company's terms and conditions.
    2. "The Company", "ourselves", "we", "our" and "us", refers to Framework.sh.
    3. "Party", "parties", or "us", refers to both the Client and ourselves, or either the Client or ourselves.
    4. “Service Providers” refers to Third-Party organizations that provide services to Framework.sh, including but not limited to data storage, billing, marketing and auditing
    5. “Service Level Agreement”, or “SLA” refers to the stand-alone agreement available on this webpage
  2. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of the United States of America.
  3. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2. SERVICE AVAILABILITY COMMITMENT

  1. Framework.sh ("Framework") will use commercially reasonable efforts to ensure that each Framework Service purchased for an identified user of an instance of a Framework Service ("You", "Your" or "Customer") is available during a given calendar month equal to no less than 99.9% uptime.
  2. If the Availability of Your purchased Framework Service does not meet the Monthly Availability Commitment set forth above, then You may request Service Credits for that affected class of Framework Service. Availability in a given month is calculated according to the following formula:

    Availability = ((total minutes in a calendar month – total minutes Unavailable (as defined below)) / total minutes in a calendar month) x 100

  3. A class of Framework Service will be considered "Unavailable," subject to the Unavailability Exclusions and Limitations (as set forth below), if Framework’s monitoring tools determine that an "SLA Event" (as set forth below) has occurred. The total minutes that a class of Framework Service is Unavailable for a particular SLA Event is measured from the time that Framework validates the SLA Event has occurred until the time that Framework resolves the SLA Event such that the Service is Available to You. If two or more SLA Events occur simultaneously, the SLA Event with the longest duration will be used to determine the total minutes Unavailable.

3. UNAVAILABILITY EXCLUSIONS AND LIMITATIONS

  1. 3.1 Exclusions

    The following will be excluded from any time-based calculations related to a class of Framework Service being Unavailable:
    1. scheduled maintenance windows where You have been notified at least twenty-four (24) hours in advance,
    2. recurring or zero impact maintenance windows that are made generally available to all customers,
    3. Your misuse of a particular class of a Framework Service,
    4. force majeure events, denial of service attacks, virus or hacking attacks for which there is no commercially reasonable, known solution, or any other events that are not within our direct control or that could not have been avoided with commercially reasonable care,
    5. packet loss, network or Internet problems beyond Framework’s border router supporting our public internet connectivity,
    6. bugs in code, hardware, or services for which there is no commercially reasonable, known fix (even if there is a known workaround), or
    7. events to the extent arising from Your use of an outdated release of the Framework Services or third party software, or any failure to install a material Update to either of the foregoing.
  2. 3.2 Service-specific Limitations

    1. Hosted Private Cloud. To benefit from this SLA, the Customer must have at least two Host Servers, and the High Availability (HA) option must be activated in its Virtualization Interface. This SLA does not apply to any Customer that has only one Host Server. Likewise, such a Customer is not entitled to the payment of any Service Credits or a replacement Host Server in the event that the Framework Service is unavailable or defective. The application of this SLA is triggered by the creation of an incident ticket in accordance with the terms and conditions set out in the table. For purposes of the Monthly Availability formula set forth in Section 1(B) above, "Unavailability" means:
      1. Host Servers: loss of access to one or more of the Host Servers provided to the Customer due to a breakdown or a malfunction of these Host Servers. Devaluation of the performance of the infrastructure without loss of access to a Host Server shall not constitute Unavailability.
      2. Data Stores: loss of access to Customer's data in the data store due to a breakdown or a malfunction of such data store. An inability to access part of the data store and which does not impact the ability to fully access Customer's data, does not constitute Unavailability, including if a devaluation of performance of the infrastructure (especially of the access time to the data) is observed.
      3. Network and the connectivity: loss of access to the Host Servers and/or the Storage Spaces due to a breakdown or a malfunction of the network equipment or connectivity. Breakdowns and/or malfunctions of the network equipment or connectivity which do not impact the ability to access Host Servers and Data Stores do not constitute Unavailability, including if a devaluation of performance of the infrastructure (especially the response time) is observed.
      4. Virtualization Interface: partial or full loss of use of the Virtualization Interface functionalities due to problem inherent to this application

4. SLA EVENTS

An "SLA Event" has occurred when any of the network interfaces of the Framework Service Network are unavailable for more than three (3) consecutive minutes. The "Framework Service Network" means the network that extends from the network interfaces of physical host servers for a class of Framework Service to the outside network interfaces providing the Framework Service’s public internet connectivity.

5. SERVICE CREDITS

  1. Dedicated Servers & External Internet connectivity: 2.5% of the total amount of the next monthly invoice, per hour of Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by Customer.
  2. Framework Manager: 0.5% of the total monthly invoiced amount paid by Customer for each hour of portal Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by Customer.

6. HOW TO REQUEST A SERVICE CREDIT

  1. To request Service Credit, You must file a support request within forty-five (45) days of the suspected SLA event via the Framework Manager portal. For detailed instructions on how to submit a request, please click here.
  2. Framework will review requests and issue Service Credit when Framework validates the SLA Event based on Framework's data and records. Framework's monitoring tools, data and records will be the sole source of information used to track and validate Availability. Upon request, Framework will provide to You, within forty-five (45) days after a confirmed SLA Event (but no more than once per calendar year), a copy of the Availability report that Framework makes generally available to customers.
  3. Service Credits will be issued to the person or entity that Framework invoices for the applicable instance of the Framework Service, as a separate credit memo that can be applied towards a future invoice for that Framework Service instance. If Your Service Term for the Framework Service expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.
  4. You will not be eligible to receive a Service Credit if:
    1. Your Account has any payments for the Framework Service that are delinquent,
    2. You are in violation of the Terms of Service during the time of the SLA Event, or
    3. the SLA Event was due to Your failure to meet Your security responsibilities as set forth in the Terms of Service.
  5. The Service Credits specified in this SLA are Your sole and exclusive remedies for any SLA Events occurring during Your Service Term for the Framework Service or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all SLA Events within a given month exceed 100% of the monthly invoiced amount for the Framework Services.

Last Updated: This Service Level Agreement was last updated on 2020/06/11.