Service Level Agreement (SLA) - Hustly Hosting Service
- Effective
This Service Level Agreement (“SLA”) governs the uptime and compensation terms for the managed hosting services provided by Hustly (“Provider”, “we”, “us”) to the Client (“Client”, “Customer”, “you”). The services covered under this SLA are referred to as the “Service.”
Hustly guarantees 99.9% uptime for the Service on a monthly basis, corresponding to a maximum allowable downtime of approximately 43 minutes per calendar month.
Definition of Downtime
For the purposes of this SLA, “Downtime” is strictly defined as a complete and continuous inability to access the Service over HTTP/HTTPS for a period exceeding five (5) consecutive minutes, as verified solely by Hustly’s internal monitoring systems and confirmed by at least two consecutive failed checks.
Any disruption that does not meet the above criteria shall not be considered Downtime, including but not limited to:
Short-lived disruptions lasting less than five (5) consecutive minutes
Performance degradation, including slow response times or elevated latency
Partial loss of functionality where the Service remains accessible
Issues limited to specific geographic regions, ISPs, networks, or client environments
Service Credits
In the event that uptime falls below 99.9% in any given month, the Client may request service credits.
A tolerance threshold of 43 minutes applies, and only Downtime exceeding this threshold shall be eligible
Service credits shall be calculated on a pro-rata hourly basis, determined by dividing the monthly service fee by the total number of hours in the applicable month
Total service credits in any given month shall not exceed 50% of the monthly service fee
Service credits shall not be cumulative across multiple incidents and shall be limited to the total Downtime within the applicable billing period
Scope of Credit Eligibility
Service credits under this SLA apply only under normal operating conditions, where the Service is unavailable due to issues within Hustly’s direct control.
Eligible incidents are limited to failures within the managed hosting environment, including but not limited to:
Operating system or hosting environment failures
Database or service crashes (e.g., database, web server, or critical system services)
Misconfiguration or internal system errors attributable to Hustly
For clarity, service credits do not apply to any incident involving:
Upstream provider disruption
Third-party dependencies
Force majeure events
Traffic anomalies or external load conditions
Any scenario classified as a disaster event under this SLA
Credit Request Conditions
All credit requests are subject to the following conditions:
Requests must be submitted as a support request within 90 calendar days of the end of the affected month
Requests must include sufficient details to identify the incident(s)
Hustly’s monitoring data shall be the sole and final source of truth
Failure to submit within this period result in forfeiture of any claim
Maintenance and Exclusions
No service credits or refunds shall be provided for Downtime resulting from causes outside Hustly’s control, including but not limited to:
Upstream provider failures (e.g., datacenter, hardware, infrastructure, or network outages)
Third-party service disruptions (e.g., DNS, CDN, external APIs)
Client-side actions, errors, or misconfigurations
Traffic spikes, bot traffic, or resource exhaustion outside normal operating assumptions
Scheduled maintenance conducted with prior notice
Unscheduled or emergency maintenance, up to a total of 360 minutes per calendar year, which shall not be considered Downtime
Security incidents, including but not limited to:
Hacking attempts, exploits, or unauthorized access
Malware infections, ransomware, or compromised applications
Vulnerabilities in client-managed code, plugins, themes, or third-party components
Force majeure events, including but not limited to:
Natural disasters (e.g., earthquakes, floods, fires)
War, terrorism, civil unrest, or government actions
Widespread internet or infrastructure disruptions beyond reasonable control
Migration and Prolonged Disruption
In the event that migration to alternative infrastructure is required due to upstream failure, unforeseen circumstances, technical reasons, or any other operational necessity, Hustly shall make reasonable efforts to complete such migration within 48 hours, where technically feasible.
No service credits shall apply for the initial 48-hour period
If the Service remains unavailable beyond 48 hours, service credits shall apply on a pro-rata hourly basis only where restoration is not subject to material technical complexities, including but not limited to data recovery issues, configuration conflicts, or application-level failures
If the incident escalates to a disaster event (including but not limited to data loss, data corruption, or unrecoverable infrastructure failure), all service credits shall cease to apply from that point onward
Disaster Recovery and Assistance
In the event of a disaster affecting the Service, Hustly will provide reasonable disaster recovery assistance, subject to the following limitations:
Recovery is dependent on the availability and integrity of backups
Hustly does not guarantee full restoration of the Service, data, or application state
Certain components of the Service may require partial or complete rebuilding
Any work involving application fixes, reconstruction, or development beyond basic restoration shall be charged at a flat rate of USD $60 per hour
Disaster events, including any incident involving partial or complete data loss, are excluded from uptime calculations, service credits, and refunds.
Service Suspension, Termination, or Discontinuation
Hustly reserves the right to suspend, restrict, discontinue, or terminate the Service, in whole or in part, for any reason, at its sole discretion, including but not limited to:
Violation of acceptable use policies or terms of service
Non-payment or billing issues
Security risks, abuse, or activities that may impact system stability or other customers
Legal or regulatory requirements
Operational or business decisions, including product changes, service restructuring, or discontinuation of offerings
Where reasonably practicable, Hustly will provide advance notice of such actions; however, Hustly may still suspend or terminate the Service immediately without notice where required for security, legal compliance, abuse prevention, or risk mitigation.
Any such suspension, restriction, or termination shall not be considered Downtime under this SLA, and no service credits or refunds shall apply in connection with such actions.
Limitation of Liability
This SLA defines the sole and exclusive remedy available to the Client for any Service interruption.
Compensation is strictly limited to the service credits described herein
Under no circumstances shall Hustly be liable for any compensation beyond such credits
Hustly shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of revenue, business, data, or anticipated profits
Final Clarification
For the avoidance of doubt, this SLA applies solely to the managed hosting environment under Hustly’s direct control, and does not extend to the broader internet, infrastructure ecosystem, third-party services or external dependencies, or the Client’s website, application, code, or content, including any issues arising from them.