This document forms an integral part of NashirNet's approved Terms and Conditions and must be interpreted and applied together with them. Together, they form the legal and regulatory framework governing the relationship between the Company and the Customer.
Using the website, creating an Account, requesting or using any Service, or continuing to use it constitutes an acknowledgment that you have read and understood this document and expressly and bindingly agree to all of its provisions.
If there is any conflict between the provisions of this document and the Terms and Conditions, the general Terms and Conditions shall prevail, unless the conflict relates to a matter specifically governed by this document. In that case, the provisions of this document shall prevail only in relation to that matter.
This Agreement has been prepared to define the level of Service that the Service Provider undertakes to provide to its Customers, within a framework of transparency and commitment to delivering stable and reliable technical Services and ensuring clarity regarding the rights and obligations related to Service continuity and quality.
This Agreement defines the performance standards, availability levels, response times, scope of Technical Support, and operational controls applicable to the Services covered by it, within the limits expressly stated in this document.
Definitions and Terms:
For the purposes of this Agreement, the following terms shall have the meanings set out below unless the context requires otherwise:
- Service Provider: NashirNet, in its capacity as the owner and operator of the technical infrastructure and Services subject to this Agreement.
- Customer: Any natural or legal person who has requested or used any of the Service Provider's Services.
- Service: The Services specified within the scope of this Agreement, including Cloud Servers, Dedicated Servers, Colocation Services, and the Cloud Backup Service.
- Service Level Agreement (SLA): This document, which defines performance and availability levels and operational obligations.
- Availability: The percentage of time during which the Service is available within a specified period.
- Downtime: A continuous period during which the Service becomes unavailable or unable to perform its essential functions, as technically determined by the Service Provider.
- Effective Downtime: The inability of the Service to perform its essential functions for a continuous period exceeding ten (10) minutes.
- Scheduled Maintenance: Planned maintenance work of which the Customer is notified in advance.
- Emergency Maintenance: Unplanned maintenance work performed to address an urgent fault or security risk.
- Recovery Point Objective (RPO): The maximum period of data that may be lost in the event of an unexpected failure.
- Recovery Time Objective (RTO): The targeted time for beginning and completing the process of restoring data or the Service after the restoration request has been formally registered.
Scope of Service:
This Agreement applies exclusively to the following Services as provided by the Service Provider:
- Cloud Servers
- Dedicated Servers
- Colocation Services
- Cloud Backup Service
This Agreement does not apply to any other Services not expressly stated in this section unless agreed in writing under a separate contract or addendum.
Service Limitations and Exclusions:
The Services are provided within the Service Provider's technical and operational limitations. The following circumstances shall not be included in the Service Level commitments:
- Failures resulting from intervention by the Customer or any party acting on its behalf.
- Failures relating to applications, systems, or licenses not managed by the Service Provider.
- Scheduled Maintenance periods of which the Customer was notified in advance.
- Emergency Maintenance periods required to protect the infrastructure or Service security.
- Failures resulting from external service providers, such as telecommunications or international connectivity providers.
- Cyberattacks that exceed the capabilities of the available protection systems.
- Circumstances beyond reasonable control, including Force Majeure.
Availability Level:
The Service Provider undertakes to achieve a monthly operational Availability level of no less than 99.9% for each Service covered by this Agreement, after excluding Downtime resulting from the excluded circumstances stated herein.
Availability shall be calculated according to the following formula:
(Total Time in the Month − Effective Downtime) ÷ Total Time in the Month × 100
Availability percentages represent operational targets and do not constitute an absolute guarantee of uninterrupted operation. Failure to achieve them shall not result in any compensation obligation unless expressly stated otherwise.
Maintenance and Updates:
- Scheduled Maintenance:
- Scheduled Maintenance shall be performed during low-usage periods whenever possible.
- The Customer shall be notified at least 24 hours before it is performed.
- Scheduled Maintenance periods shall not be included in Effective Downtime affecting Availability.
- Emergency Maintenance:
- The Service Provider may perform Emergency Maintenance without prior notice when necessary.
- The Customer shall be notified after the maintenance has been completed and informed of its reason.
Backup and Data Restoration:
- The Backup Service is provided only if included in the applicable Service Plan.
- Backups are performed periodically in accordance with the system adopted by the Service Provider.
- Backups are retained for thirty (30) days.
- Older backups are automatically deleted after the retention period expires.
- The Recovery Point Objective (RPO) is up to twenty-four (24) hours, depending on the time of the most recent successful backup.
- The Recovery Time Objective (RTO) is a maximum of four (4) hours, subject to the volume of data and the nature of the failure.
- Backup Services do not constitute an absolute guarantee against data loss. The Customer remains responsible for maintaining additional independent backups in accordance with its business requirements whenever necessary.
Technical Support:
- Technical Support is subject to the Technical Support provisions set out in the Terms and Conditions.
- The official support channel is the ticket system only.
- The target response time is up to 24 hours.
- Support does not cover Third-Party systems or Products.
Customer Obligations:
- Comply with all approved policies and agreements.
- Maintain the confidentiality of login credentials.
- Use the Services lawfully and in accordance with applicable laws and regulations.
- Use resources within the allocated limits and refrain from misusing them.
- Bear full responsibility for its content and data.
- Cooperate with the Technical Support teams.
- Pay all fees when due.
Term and Updates of the Agreement:
- This Agreement remains effective throughout the Customer's subscription to the Service.
- The Agreement is automatically renewed upon renewal of the Service.
- The Service Provider reserves the right to amend it and publish an updated version.
- Continued use constitutes express acceptance of the amendments.
General Provisions:
- This Agreement is a regulatory document and not an independent contract.
- This Agreement does not constitute an absolute guarantee of uninterrupted Service continuity.
- This Agreement is subject to the interpretation and jurisdiction provisions specified in the Terms and Conditions.
- The provisions of this Agreement shall be applied together with the Disclaimer provision contained in the Terms and Conditions. Nothing in this Agreement shall be interpreted as creating an absolute guarantee or an obligation to provide compensation unless expressly stated in writing in a separate document.
