Cloud and vServer Service Agreement

(1) This Service Level Agreement (“SLA”) forms an integral part of the contractual relationship between Hetzner Online GmbH (“Hetzner”) and the Customer in relation to the operation and availability of virtual machines within the Hetzner Cloud.

(1) Hetzner will use commercially reasonable efforts to ensure a monthly availability of 99.9% for its Cloud Servers, measured by the actual availability of each individual Cloud Server during a given calendar month. (2) A Cloud Server will be deemed “available” if the underlying host system is operational (CPU and network activity), the hypervisor has successfully initiated the relevant Cloud Server instance, and the instance demonstrates activity through system metrics (e.g., CPU utilization). (3) The following circumstances will not constitute unavailability for the purposes of this SLA:

• Maintenance activities pursuant to § 3,
• Failures attributable to software, configuration, system settings, or operational practices introduced by the Customer, Failures caused by software, system settings, or modes operation that the Customer installed or configured themselves,
• Rescales initiated by the Customer (Cloud Server plan upgrades or downgrades),
• Required live migrations undertaken to preserve host system stability or the stability of other Cloud Servers,
• Denial-of-service attacks; viruses; hacker attacks; or defects in code, hardware, or services for which no commercially reasonable remedy exists (even if a temporary workaround is available),
• Network interruptions outside Hetzner’s reasonable control, in particular those caused by third-party service providers or facilities, including telecommunications and internet providers. This also applies to packet loss or network and internet issues beyond Hetzner’s core routers that provide connectivity to the public internet,
• Force majeure events as defined in § 9 of Hetzner’s Terms and Conditions.

(1) To maintain system stability and security, Hetzner will perform regular maintenance activities. (2) Scheduled maintenance will be announced at least twenty-four (24) hours in advance via appropriate communication channels (e.g., Hetzner Status System).

(1) If the guaranteed availability according to § 2 is not met in the calendar month, the customer is entitled to credit in the form of Cloud Credits. Cloud Credits are the monetary compensation for the downtime, and are calculated based on the proportional hourly rate of the affected instance. (2) The Customer must submit a request for Cloud Credits within fourteen (14) calendar days following the end of the relevant month. A simple notification via the Hetzner Support System specifying the affected server IDs will suffice. Only outages demonstrated by the Customer and verified by Hetzner will be considered for credit. (3) The compensation will be calculated based on the hourly rate of the Cloud Server affected by the outage, as per the current price list, prorated to the actual duration of the unavailability. Under no circumstances will the compensation for a given Cloud Server exceed one hundred percent (100%) of the monthly invoice amount for that Cloud Server. (4) Credits will be issued solely in the form of non-refundable Cloud Credits, which may only be applied to future usage fees for Hetzner Cloud products. Cash payments are expressly excluded. (5) No alternative remedies are available. Further claims against Hetzner arising from outages —including for compensation for direct, indirect, or secondary damages (such as lost profits, data loss, or business disruptions) — will only be available within the scope of Hetzner’s Terms and Conditions.

(1) This SLA applies exclusively to Cloud Servers provided as part of the Hetzner Cloud product portfolio. (2) The following services are expressly excluded from the scope of this SLA: additional services such as licenses, managed services, snapshots, backups, third-party external services, and other cloud services including, but not limited to, firewalls and load balancers.

(1) Hetzner reserves the right to amend this SLA where objectively necessary. Any such amendments will be announced at least four (4) weeks prior to their effective date on Hetzner’s website. (2) If the Customer does not object to the amendments within two (2) weeks of publication, the amendments will be deemed accepted.