Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to DANIAN OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151.
- Country refers to: Estonia
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to DANIAN, accessible from https://www.danian.co
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
This SLA amends the Agreement between DANIAN OÜ and Customer and addresses the uptime guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion; the current version may be found at https://www.danian.co/legal/service-level-agreement/
DANIAN OÜ will make the Services available 99.9% of the time, excluding any Excused Downtime.
“Excused Downtime” means the length of time the Services are unavailable due to:
- Scheduled maintenance;
- Emergency maintenance;
- System or hardware upgrades;
- domain name system (DNS) problems outside of Our control;
- issues with FTP, POP, IMAP, or SMTP customer access;
- Beta services;
- Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the servers;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
- Downtime caused when You reach out the maximum resources allocation for your plan;
- Force majeure events; and
- the actions or omissions of You, Your Authorized Users, or any third-party acting on your behalf or at Your direction, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds DANIAN OÜ’s recommendations or advertised limits.
“Scheduled Maintenance” includes any maintenance performed during the time we conclude each server is active the least. Usually this takes each server down for only 10-30 seconds during which time we are performing updates and upgrades.
“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance intervals where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.
You are entitled to a credit of 5% of the applicable monthly fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Support within 30 days of the event giving rise to the credit. Credits are based on our monitoring, shall not exceed 100% of the applicable monthly Fees, many not be carried over or aggregated, are forfeited at the expiration or termination of the Agreement, and will not be paid or provided as a refund.
A service or feature which is described as being subject to our “Enhanced SLA” benefits as follows: The Service Availability target is 99,9%, and You will receive a credit of 3% of the applicable monthly Fees for each half hour of downtime in excess of those targets.