KloudStack provides managed hosting services for customer hosting environments and supports those services with this Managed Hosting Service Terms & Service Level Agreement (“Agreement”).

This Agreement sets out the terms that apply to KloudStack’s managed hosting services, including service scope, billing, pricing adjustments, maintenance, uptime commitments, service credits, exclusions, and customer responsibilities.

By using KloudStack Managed Hosting Services, you agree to this Agreement and any other terms, policies, service orders, proposals, or written agreements that apply to the services provided to you.

1. Introduction

KloudStack provides managed hosting services that may include hosting management, cloud infrastructure management, platform management, monitoring, backup management, maintenance, support, security-related operations, and related services for customer hosting environments.

This Agreement is intended to apply specifically to KloudStack Managed Hosting Services. General use of the KloudStack website may also be subject to KloudStack’s Terms of Use, Privacy Policy, and other applicable legal information published by KloudStack.

If there is a conflict between this Agreement and any other KloudStack terms, the terms of the specific written service order, proposal, or customer agreement will apply first, followed by this Agreement, unless otherwise stated in writing.

The remedies set out in this Agreement, including any applicable SLA Credits, are the customer’s sole and exclusive remedy for service availability issues covered by this Agreement.

2. Updates to this Agreement

KloudStack may update this Agreement from time to time to reflect changes in its services, operational requirements, cloud infrastructure, third-party provider terms, billing structure, legal requirements, or business practices.

If KloudStack makes changes to this Agreement, KloudStack will update the date at the top of this page. Where a change is material, KloudStack will use reasonable efforts to provide notice before the change takes effect.

Continued use of KloudStack Managed Hosting Services after an updated Agreement takes effect will be taken as acceptance of the updated Agreement.

Customers should periodically review this Agreement to ensure they are aware of the current terms that apply to KloudStack Managed Hosting Services.

3. Managed Hosting Services

For the purpose of this Agreement, “Managed Hosting Services” means the hosting management, infrastructure management, platform management, monitoring, backup management, maintenance, support, security-related operations, and related services provided by KloudStack for customer hosting environments.

Managed Hosting Services may include services delivered using Microsoft Azure, third-party cloud infrastructure, software providers, monitoring platforms, backup systems, security tools, content delivery networks, domain-related services, and other service delivery components required to operate and support the customer hosting environment.

KloudStack’s Managed Hosting Services relate to the management and operation of the customer hosting environment. Underlying cloud infrastructure, including Microsoft Azure services, may also be subject to the relevant third-party provider terms, service levels, limitations, pricing, availability, and legal information.

Unless expressly stated otherwise in writing, KloudStack does not provide a separate guarantee for third-party services, third-party software, third-party platforms, domain registrars, DNS providers, plugins, themes, customer-managed systems, or services outside KloudStack’s reasonable control.

4. Third-Party Infrastructure and Microsoft Azure

KloudStack Managed Hosting Services may be delivered using Microsoft Azure infrastructure and related cloud services.

Microsoft Azure services are provided by Microsoft and may be subject to Microsoft’s own service terms, service levels, pricing, limitations, regional availability, maintenance requirements, and legal information.

KloudStack is responsible for the managed hosting services it provides to the customer, including the management, configuration, monitoring, support, and maintenance activities that KloudStack has agreed to perform.

KloudStack is not responsible for outages, interruptions, limitations, price changes, service changes, or failures caused by Microsoft Azure, third-party providers, internet service providers, DNS providers, domain registrars, customer-managed systems, customer code, customer configurations, or other matters outside KloudStack’s reasonable control.

5. Billing and Monthly Service Model

Unless otherwise agreed in writing, KloudStack Managed Hosting Services are provided on a month-to-month basis.

The monthly service model is intended to provide customers with flexibility and no long-term lock-in, while allowing KloudStack to continue managing customer hosting environments in line with changing infrastructure, operational, security, support, and service delivery requirements.

Monthly billing also allows KloudStack to adjust services, plans, resources, pricing, and support structures where required to reflect the changing cost and operational requirements of managing customer hosting environments.

Customers currently on annual payment plans may be transitioned to monthly billing at the end of their current annual billing period, at renewal, or at another agreed transition date.

Any prepaid annual service period already paid by the customer will continue to be honoured unless otherwise agreed in writing.

Where a customer moves from an annual payment plan to monthly billing, KloudStack will provide the customer with the applicable monthly service pricing before the monthly billing arrangement takes effect.

6. Pricing Reviews and Adjustments

KloudStack may review and adjust pricing for Managed Hosting Services from time to time.

Pricing adjustments may reflect changes in cloud infrastructure costs, Microsoft Azure pricing, third-party provider costs, software licensing, security requirements, support requirements, service delivery costs, foreign exchange changes, CPI, inflation, or other reasonable operating cost changes.

KloudStack may also adjust pricing where the customer’s hosting environment, traffic, storage, support requirements, security requirements, application complexity, resource usage, or operational requirements materially change.

KloudStack will use reasonable efforts to provide advance notice of material pricing changes before they take effect.

Continued use of KloudStack Managed Hosting Services after the effective date of a pricing adjustment will be taken as acceptance of the updated pricing.

Where a customer does not accept a pricing adjustment, the customer may cancel the affected Managed Hosting Services in accordance with the applicable cancellation terms.

7. Annual CPI and Cost Review

KloudStack may conduct an annual pricing review for Managed Hosting Services.

As part of this review, KloudStack may apply a pricing adjustment having regard to CPI, inflation, Microsoft Azure pricing, third-party provider pricing, foreign exchange changes, software licensing costs, security requirements, support requirements, infrastructure costs, and other reasonable costs associated with delivering and supporting the Managed Hosting Services.

Any annual CPI or cost-based adjustment may be applied in addition to other pricing changes required due to increased usage, changed service scope, additional customer requirements, or third-party provider cost changes.

KloudStack will use reasonable efforts to provide advance notice before applying a material annual pricing adjustment.

8. Service Changes

KloudStack may make changes to the Managed Hosting Services where reasonably required to improve service delivery, maintain security, respond to infrastructure or provider changes, manage operational risk, improve reliability, apply updates, or continue providing the services in a sustainable manner.

Service changes may include changes to infrastructure, hosting configuration, security configuration, monitoring, backup configuration, support processes, maintenance processes, or other operational aspects of the Managed Hosting Services.

Where a material service change is expected to affect the customer’s use of the Managed Hosting Services, KloudStack will use reasonable efforts to provide advance notice.

9. Customer Responsibilities

The customer is responsible for ensuring that any information, access, content, software, plugins, themes, application code, DNS records, domain settings, credentials, approvals, and third-party services required by KloudStack are accurate, available, and maintained as required.

The customer is responsible for the content, functionality, legality, security, quality, and performance of any customer-managed application code, website content, plugins, themes, integrations, user accounts, and third-party systems used in connection with the hosting environment.

The customer must not use the Managed Hosting Services in a way that causes excessive resource usage, security risk, service disruption, abuse, unlawful activity, or damage to KloudStack, other customers, third-party providers, or the underlying infrastructure.

The customer must promptly notify KloudStack of any known security issue, suspected compromise, unauthorised access, major site change, planned high-traffic event, DNS change, domain change, or application change that may affect the hosting environment.

10. Definitions

For the purpose of this Agreement:

Necessary Services means the portions of the Managed Hosting Services that must be operational for a customer application hosted by KloudStack to be accessible over Hypertext Transfer Protocol HTTP or HTTPS through the KloudStack-managed hosting environment.

Necessary Services do not include third-party services, domain registrars, customer-managed DNS, customer-managed email, customer-authored code, plugins, themes, customer-managed integrations, KloudStack’s website, control panel, support system, SSH, SFTP, phpMyAdmin, beta services, add-on services, build time, deployment time, bandwidth limitations, or any other service component that is not strictly necessary for the customer application to remain accessible.

Signup Date means the date on which the customer subscribes to, accepts, or commences a KloudStack Managed Hosting Service.

Billing Date means the date on which the customer’s recurring billing period begins, unless otherwise agreed in writing.

Monthly Billing Period means the monthly period for which the customer is billed for the relevant Managed Hosting Service.

Downtime means a period during which the Necessary Services are unavailable to the customer during a Monthly Billing Period, calculated separately for each applicable Managed Hosting Service.

Maintenance Period means a scheduled or standard maintenance window used by KloudStack to perform maintenance, updates, security changes, service changes, or other operational work. Unless otherwise notified, the standard Maintenance Period is between 2:00 am and 5:00 am local data centre time.

Monthly Subscription Value means the fee paid by the customer for the applicable Managed Hosting Service for the relevant Monthly Billing Period, excluding usage charges, third-party charges, add-ons, professional services, migration services, domain services, licensing charges, taxes, and other non-recurring charges.

Uptime Guarantee means the commitment that the Necessary Services will be available at least 99.9% of the time during each Monthly Billing Period, subject to the exclusions in this Agreement.

SLA Credit means a service credit applied to a future invoice where KloudStack fails to meet the Uptime Guarantee and the customer is eligible to receive a credit under this Agreement.

11. Uptime Guarantee

KloudStack will use commercially reasonable efforts to ensure that the Necessary Services are available at least 99.9% of the time during each Monthly Billing Period.

If Downtime exceeds 43 minutes during a Monthly Billing Period, the Uptime Guarantee is considered unmet for that Monthly Billing Period, subject to the exclusions in this Agreement.

Downtime is calculated separately for each applicable Managed Hosting Service.

The Uptime Guarantee applies only to the Necessary Services directly managed by KloudStack and does not apply to third-party services, customer-managed services, customer code, customer configurations, customer DNS, domain registrars, external networks, or services outside KloudStack’s reasonable control.

12. SLA Credits

If KloudStack fails to meet the Uptime Guarantee for an applicable Managed Hosting Service, the customer may request an SLA Credit.

For eligible Managed Hosting Services, SLA Credits will be calculated as 5% of the Monthly Subscription Value for each full hour of Downtime after the Uptime Guarantee has been unmet.

SLA Credits will not exceed the Monthly Subscription Value for the affected Managed Hosting Service for the month in which KloudStack failed to meet the Uptime Guarantee.

SLA Credits are applied to future invoices only and are not paid in cash.

If the customer’s Managed Hosting Service is cancelled, terminated, suspended, or not renewed before the SLA Credit is applied or used, the customer will not receive the SLA Credit.

13. How to Request SLA Credits

To receive an SLA Credit, the customer must submit a written request to KloudStack within 30 days of the Downtime event.

The request must include sufficient details to allow KloudStack to assess the claim, including the affected service, approximate date and time of the issue, description of the issue, and any relevant supporting information.

KloudStack will review the request and determine, acting reasonably and in accordance with this Agreement, whether the customer is eligible for an SLA Credit.

SLA Credits will only be provided where the customer has complied with this Agreement and the Downtime is not excluded under this Agreement.

14. When SLA Credits Will Not Apply

Downtime caused by any of the following circumstances will not be included in Downtime and will not be eligible for SLA Credits:

• scheduled maintenance;
• maintenance performed during the Maintenance Period;
• emergency maintenance;
• scheduled outages;
• force majeure events, including natural disasters, acts of war, civil unrest, governmental actions, labour disputes, internet failures, power failures, telecommunications failures, external service provider outages, and other events beyond KloudStack’s reasonable control;
• Microsoft Azure outages, degradation, limitations, maintenance, service changes, regional availability issues, or other cloud provider issues outside KloudStack’s reasonable control;
• third-party provider outages, failures, limitations, or service changes;
• DNS issues, domain registrar issues, expired domains, incorrect DNS records, or customer-managed DNS changes;
• traffic requests, processes, attacks, bots, scans, or other activity exceeding the capabilities of the customer application, hosting plan, infrastructure, or Managed Hosting Services;
• distributed denial-of-service attacks, malicious traffic, exploit attempts, brute-force attempts, vulnerability scans, bot traffic, or other hostile activity;
• customer breach of this Agreement, KloudStack’s Terms of Use, acceptable use requirements, or other applicable policies;
• customer machine, browser, network, internet, firewall, VPN, or access problems;
• customer-authored code;
• customer-managed plugins, themes, scripts, integrations, or software;
• website, application, database, or configuration changes made by the customer or by a third party acting on behalf of the customer;
• configurations made by the customer that cause downtime or service degradation;
• customer failure to provide access, approvals, information, credentials, domain changes, DNS changes, or other items required by KloudStack;
• suspension of services due to non-payment, security risk, abuse, unlawful activity, or breach of agreement;
• beta services, trial services, unsupported services, or services provided without an uptime commitment;
• add-on services, professional services, migration services, project work, development work, or consulting services;
• downtime or degradation that does not affect the Necessary Services;
• issues that cannot be verified by KloudStack’s monitoring, logs, systems, or reasonable investigation.

15. Maintenance

KloudStack may perform maintenance on customer hosting environments to support security, reliability, performance, compatibility, updates, backups, monitoring, and ongoing service delivery.

Maintenance may include software updates, security updates, hosting configuration changes, infrastructure changes, backup changes, monitoring changes, plugin or platform updates, database maintenance, and other operational tasks.

Where possible, KloudStack will perform planned maintenance during the Maintenance Period or at another time reasonably selected to minimise customer impact.

KloudStack may perform emergency maintenance at any time where required to address security risks, service instability, provider issues, urgent updates, or other operational requirements.

Maintenance, including emergency maintenance, is excluded from Downtime for the purpose of calculating SLA Credits.

16. Backups

Where backup services are included in the customer’s Managed Hosting Services, KloudStack will use commercially reasonable efforts to operate backup processes in accordance with the applicable service plan, proposal, or written agreement.

Backup frequency, retention, coverage, storage location, and restore options may vary depending on the customer’s service plan, hosting configuration, third-party provider capabilities, and agreed service scope.

Backups are intended to support recovery from certain incidents but do not replace the customer’s own responsibility to maintain appropriate copies of critical content, files, data, records, and business information.

KloudStack does not guarantee that every backup will be free from corruption, customer error, malware, application-level issues, plugin issues, data inconsistency, or other issues introduced by the customer application, customer content, third-party software, or events outside KloudStack’s reasonable control.

17. Security

KloudStack may provide security-related operations as part of the Managed Hosting Services, which may include monitoring, configuration, firewall rules, platform updates, security hardening, backup management, access controls, and incident response support.

Security services are designed to reduce risk but do not guarantee that a customer hosting environment, website, application, plugin, theme, user account, or third-party service will be immune from compromise, attack, vulnerability, malware, spam, data loss, unauthorised access, or other security incidents.

The customer remains responsible for secure passwords, user access management, content management system users, third-party integrations, plugins, themes, application code, business processes, and any customer-managed systems or accounts.

KloudStack may take reasonable action to protect its platform, customers, infrastructure, and third-party providers, including blocking traffic, disabling access, applying security rules, suspending services, requiring password resets, or isolating affected services where KloudStack reasonably believes there is a security risk.

18. Support

KloudStack will provide support for Managed Hosting Services in accordance with the customer’s service plan, proposal, or written agreement.

Support may include assistance with hosting-related issues, infrastructure management, monitoring, maintenance, backups, service availability, and other agreed managed hosting activities.

Unless otherwise agreed in writing, support does not include custom development, website design, content updates, plugin development, theme development, SEO work, marketing work, business consulting, end-user support, or support for third-party systems outside KloudStack’s managed hosting scope.

KloudStack may provide best-effort assistance for issues outside the agreed service scope, but any such assistance does not create an ongoing obligation to support those items unless agreed in writing.

19. Resource Usage and Service Limits

Customer hosting environments must operate within the reasonable capacity of the customer’s service plan, hosting resources, and agreed service scope.

KloudStack may recommend or require service changes, resource upgrades, caching changes, security changes, application changes, or plan changes where the customer’s environment exceeds reasonable usage levels or causes performance, security, reliability, or operational issues.

Excessive traffic, storage, bandwidth, database usage, CPU usage, memory usage, bot traffic, attack traffic, plugin activity, application processes, or other resource usage may require a change to the customer’s service plan or pricing.

KloudStack is not responsible for performance degradation or Downtime caused by resource usage exceeding the customer’s hosting plan, customer application design, customer code, plugins, themes, integrations, or third-party activity.

20. Cancellation

Unless otherwise agreed in writing, customers may cancel month-to-month Managed Hosting Services by providing written notice to KloudStack.

Cancellation will take effect at the end of the current monthly billing period unless otherwise agreed in writing.

KloudStack does not provide refunds for unused portions of a monthly billing period unless required by law or agreed in writing.

Where a customer is on an annual payment plan, cancellation, refund, and transition terms will be handled in accordance with the applicable proposal, service order, written agreement, or agreed transition arrangement.

Before cancellation takes effect, the customer is responsible for arranging any required migration, backup, data export, DNS changes, domain changes, or replacement hosting services.

KloudStack may provide migration or transition assistance where agreed in writing. Additional fees may apply.

21. Suspension or Termination

KloudStack may suspend or terminate Managed Hosting Services where the customer fails to pay amounts when due, breaches this Agreement, creates a security risk, causes service disruption, misuses the services, engages in unlawful activity, or uses the services in a way that may harm KloudStack, other customers, third-party providers, or infrastructure.

KloudStack may also suspend services where required to comply with law, third-party provider requirements, security obligations, abuse complaints, or urgent operational requirements.

Where reasonable in the circumstances, KloudStack will attempt to provide notice before suspending or terminating services. However, KloudStack may act without prior notice where urgent action is required.

Suspension or termination caused by customer breach, non-payment, abuse, security risk, unlawful activity, or customer-controlled issues is not Downtime and is not eligible for SLA Credits.

22. Limitation of SLA Remedies

SLA Credits are the customer’s sole and exclusive remedy for KloudStack’s failure to meet the Uptime Guarantee.

SLA Credits do not entitle the customer to a refund, cash payment, damages, penalty, termination right, or other remedy unless otherwise required by law or agreed in writing.

The availability of SLA Credits does not apply to issues outside the scope of the Uptime Guarantee or to any exclusion listed in this Agreement.

23. Contact

If you have questions about this Agreement, Managed Hosting Services, billing, pricing, service changes, or SLA Credits, please contact KloudStack using the contact details provided on the KloudStack website or through your usual KloudStack support contact.