Mieux Clouds 100% Uptime SLA Guarantee 

 Mieux Clouds offers a 100% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the “SLA.” This SLA is provided as a supplement to the Hosting Terms and Conditions You agreed to in becoming  Mieux Clouds customer. This is hereby incorporated by reference as an indispensable part of this SLA. 
 

This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) servers with Us, and one (1) of those server’s experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) server’s downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of Mieux Clouds web property, DNS servers, API, or control panel. 

Packet Loss and Latency 

Mieux Clouds does not proactively monitor specific customers’ packet loss or transmission latency. Mieux Clouds does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. If Mieux Clouds discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss of more than one percent (1%) (“Excess Packet Loss”) between your instance and one hop from Mieux Clouds border router(s) (first hop of egress providers router). You notify Mieux Clouds via a support ticket (or Mieux Clouds has notified You of an event), Mieux Clouds will take all actions necessary to determine the source of the Excess Packet Loss/Latency. 

Limitations 

The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“host node” outage, for any reason and whether we cause such outage due to upgrading, troubleshooting, or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when scheduled maintenance occurs with a minimum of twenty-four (24) hours’ notice or in the event a time-critical patch/update must be applied if the outage/e/packet loss does not exceed ten (10) minutes. 
 
Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage to determine applicable credit.  
 
Outage Credits 

Following the procedure outlined below, you must initiate a support ticket and request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting credit triggers an event for any potential credits; however, Mieux Clouds must still determine, in its sole discretion, whether an eligible outage has occurred. If Mieux Clouds determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below: 
 
 

Outage Time Frame	Credit Amount
Less than 9 minutes	12 Hours
10 – 59 minutes	24 Hours
60 – 119 minutes	48 Hours
120 – 239 minutes	120 Hours
240 – 419 minutes	240 Hours
420+ minutes	672 Hours (1 Month)

How To Obtain Your Credit 

In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. DO NOT ASSUME THAT WE ARE AWARE OF YOUR OUTAGE. Your outage may be wholly unrelated to Mieux Clouds services, so unless You contact Us via a support ticket, we may not be aware any problem exists. Outages related to hardware or other services or events not under Mieux Clouds control are not eligible for any guarantee or credit offered under this SLA. 
 
You may initiate such a support ticket via e-mail to support [at] Mieux Clouds[dot] com; you MUST obtain an Mieux Clouds ticket number as proof that you initiated a support ticket related to the outage, and the support ticket MUST ask for a credit related to the outage. As stated herein, the timestamp on the support ticket will mark the beginning of an outage should Mieux Clouds determine that an eligible outage occurred. If Mieux Clouds was aware of the issue before You were, Mieux Clouds might notify You of the outage. In such an instance, you must still initiate a support ticket to confirm that You are aware of the outage, and such a support ticket must also request a credit. To be clear, you must have a support ticket number to receive any credits under this SLA.