Terms Of Service
Dedicated & Virtual servers
Version 1.0 01/04/2014
Dedicated Server Contract Term
All dedicated servers are subject to a 12 month minimum contract term.
TandyUK Dedicated & Virtual Server Service Level Agreement
This SLA applies to Services where the agreement for the Service specifically references this SLA. The objective of this SLA is to document the availability of the Service that TandyUK is to achieve. This does not constitute any additional liability to TandyUK, but instead a self-assumed obligation towards the Customer. Under the conditions below TandyUK offers to pay the Customer service credits if the availability defined below is not met.
TandyUK shall guarantee the Network Availability and Power Availability will be 100% in any calendar month, subject to exclusions as defined below. If TandyUK fails to meet this guarantee a credit shall be available to the Customer as defined below.
The Network Availability and Power Availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
- Outage periods due to any cause other than faults by TandyUK, including faults or negligence of the Customer or problems associated with equipment connected on the Customer's side of TandyUK delivery point
- In case that the Customer's equipment should cause negative effects on the performance, quality and/or operation of the TandyUK Network, TandyUK will proceed to disconnect the link, for benefit of the rest of users of the TandyUK Network. This disconnection won't be cause of penalty under the SLA. TandyUK will notify the Client as soon as possible about this issue in order for the Customer to repair the problems.
- Outage periods reported by the Customer in which no fault is observed or confirmed by TandyUK
- Any fault period during which service is suspended under provision in this Agreement
- Downtime when TandyUK technical staff cannot have access, when the Customer is requested to do so for the purpose of investigating the problem and restoring the service, to Customer premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by TandyUK
- The Customer requesting TandyUK to test Customer connection although no fault has been detected and/or reported by TandyUK
- The Customer requesting TandyUK to upgrade the capacity of the service, if this operation results in an outage.
- During Scheduled Maintenance affecting the Services as defined above.
- Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Customer's network or executed against users inside the Customer's network or the Customer network infrastructure, will be excluded from SLA calculation as it is within the Customer's responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients. Nevertheless TandyUK is available to support the customer by implementing appropriate measures on the TandyUK Network, such as limiting on ICMP bandwidth, rate limiting over clients' ports, implementing filters or black-holing routes.
Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from TandyUK applies in case of Force Majeure.
Should the Customer not have access to the Services as defined above due to less than 100% Network Availability and Power Availability, TandyUK shall credit the Customer 0.5 days service credit for each hour when the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee for the contracted service. The credit applies to the contracted service. The Customer shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Customer notifying TandyUK within seven working days in writing. The Customer agrees the service credits due under this SLA are its sole remedy against TandyUK for any non-availability of the Services.
