Service Level Agreement (SLA)

Last updated: Darkmatter IT, Massing

https://cp.mam-jahn.de/sla

Contents 11

This is a courtesy translation. Only the German version is legally binding.

This Service Level Agreement (SLA) describes the availability targets, measurement, maintenance and response times for the services of Darkmatter IT (sole proprietorship), brand “MAM-JAHN”. The availability values stated are targets by which we align our operation. They are not a promise and not a guarantee of a specific availability and do not give rise to any entitlement to a credit. The SLA applies in addition to the Terms and Conditions (https://mam-jahn.de/agb/); in the event of contradictions, the Terms and Conditions prevail.

(1) For each product we aim for the following availability as an annual average:

  • KVM server AMD EPYC 3rd Gen: 99.2 to 99.6%
  • KVM server AMD Ryzen 9: no target value, we strive for the best possible availability (best effort)
  • Storage Box: 99.0%
  • Web hosting: 99.0%
  • Domains and DNS: 99.5% for the name servers we operate; registering and managing domains depends on the registries and registrars, for which we state no target value

(2) These values are targets. They are not a promise and not a guarantee of a specific availability; falling short of them does not in itself give rise to any claim. The customer’s statutory rights in respect of defects remain unaffected (§ 6).

(3) What is measured is the reachability of the service at the handover point, i.e. the network interface of the data center.

(4) Announced maintenance windows under § 4 are excluded from the calculation.

(1) Where you have booked services under existing contracts that we no longer offer for new orders, we aim for the following availability as an annual average:

  • Root servers (dedicated cores): 99.5%
  • Virtual dedicated servers (VDS): 99.8 to 99.9%
  • Dedicated servers: 99.0%
  • WireGuard VPN accesses: 99.5%

(2) These values are also targets within the meaning of § 1 para. 2 and do not give rise to any entitlement to credits.

(1) Downtime is the period in which a service is unreachable because of a fault on our side and no maintenance has been announced.

(2) Availability is calculated as (total minutes in the contract year − minutes of downtime) / total minutes × 100%.

(3) Downtime is considered confirmed if it has been detected by our internal monitoring and at least one external monitoring service.

(1) We announce planned maintenance at least 24 hours before it begins by email or in the customer area and preferably carry it out between 01:00 and 06:00 (CET/CEST).

(2) It does not exceed 8 hours in total per calendar month; time beyond that counts as downtime.

(3) Emergency maintenance to fix acute security vulnerabilities may be carried out without advance notice; we inform you as early as possible. It is only not counted as downtime if it could not be postponed.

(1) For fault reports we aim for the following response times (targets, not a promise):

  • Critical (P1, server completely down): first response within 1 hour, resolution targeted within 4 hours
  • High (P2, considerable impairment): first response within 4 hours
  • Medium (P3, restricted functionality): first response within 24 hours
  • Low (P4, questions and requests): handling within 48 to 72 hours

(2) The times apply to fault reports submitted through the support system (ticket). Please state the date and time of the start and describe the fault as specifically as possible.

(1) If a target is missed, there is no credit and no other claim on that ground alone.

(2) The customer’s statutory rights, in particular in respect of defects of the service (e.g. price reduction) and damages in accordance with the Terms and Conditions, remain unaffected.

(3) In the event of longer faults we may grant a credit voluntarily in individual cases; there is no entitlement to it, not even from repetition of earlier cases.

The following do not count as downtime:

(a) force majeure (e.g. natural disasters, war, pandemic, orders from authorities)

(b) actions or omissions of the customer, in particular software installed by the customer or misconfigurations

(c) attacks by third parties (e.g. DDoS) insofar as they could not be repelled despite protective measures appropriate to the state of the art

(d) failures of upstream providers (power, network connectivity, data center) for which we are not responsible

(e) announced maintenance work under § 4

(f) blocks under the Terms and Conditions (§ 6) or the acceptable use policy (https://mam-jahn.de/nutzungsrichtlinie/)

(1) Our services are protected by upstream DDoS protection of the data center and network operator, which filters volumetric attacks up to defined thresholds.

(2) In the case of larger or sustained attacks, temporary routing changes may occur in individual cases (e.g. null routing of the attacked address) to protect the overall infrastructure.

(3) Times of null routing do not count as downtime if the attack came from outside.

(1) Please report faults through a support ticket, regardless of the service, via the customer area or by email to support@mam-jahn.de.

(2) We check your information against our monitoring data and tell you the result.