Service Level Agreement (SLA)

1. Purpose

This Service Level Agreement (“SLA”) defines the minimum parameters of availability, performance and reliability of the network infrastructure and the services contracted with MINIVPS, and sets out the criteria for granting compensatory credits, as provided herein.

2. Availability Guarantee

MINIVPS undertakes to use its best efforts to ensure a minimum monthly availability of 99.9% (ninety-nine point nine percent), measured over the period between the first and last day of the calendar month.

Availability is measured by continuous monitoring systems, subject to the exclusions set out in this document.

3. Downtime Credits

If the measured monthly availability is below the guaranteed percentage, the customer may be entitled to compensatory credits, calculated according to the table below.

4. Conditions and Limitations

1. The maximum amount of credits granted to the customer may not, under any circumstances, exceed the total amount actually paid for a one (1) month period.
2. Scheduled maintenance windows, communicated with reasonable advance notice, will not be considered downtime for SLA purposes.
3. SLA credits will be granted exclusively as credit on the customer’s account for future purchases, and may not be converted into cash, refunded or transferred to third parties.
4. Downtime resulting from force majeure, third-party failures, external connectivity problems, attacks or any factors beyond the control of MINIVPS is not eligible for credits.
5. The customer must be up to date with their financial obligations in order to request SLA credits.
6. Credit requests must be submitted within 7 (seven) calendar days of the date of the event.
7. Requests must be made exclusively through the official MINIVPS support channel.
8. MINIVPS may take up to 5 (five) business days to review, validate and apply any credits due.

5. General Provisions and Legal Compliance

This Service Level Agreement (SLA) forms part, for all purposes, of the MINIVPS Terms of Service and is governed by the laws of the Federative Republic of Brazil, in particular the Consumer Protection Code (Law No. 8,078/1990), where applicable, and other relevant laws.

The conditions set out herein do not remove, limit or exclude any rights of the customer provided by law, and are to be interpreted systematically and in addition to the MINIVPS Terms of Service and Privacy Policy.

6. Limitations of Liability

Under applicable law, the liability of MINIVPS is limited to the limits set out in this SLA and the Terms of Service and does not, under any circumstances, cover lost profits, data loss, loss of revenue, or indirect, incidental or consequential damages, except where expressly required by law.

The customer acknowledges that cloud computing services involve technical variables inherent to the technology used, and undertakes to maintain its own backup, information security and logical redundancy routines according to its needs.

7. Personal Data Protection (LGPD)

MINIVPS undertakes to process any personal data related to the provision of the services in accordance with the Brazilian General Data Protection Law (Law No. 13,709/2018), observing the principles of purpose, adequacy, necessity, security and confidentiality.

For LGPD purposes, the customer acknowledges that it may act as Controller of the personal data processed in its virtual environments, being responsible for defining the purposes and means of processing, while MINIVPS will act, where applicable, as Processor, within the technical limits of the contracted infrastructure.

MINIVPS adopts reasonable and appropriate technical and administrative measures to protect personal data against unauthorized access, destruction, loss, alteration or any form of improper or unlawful processing, as described in its Privacy Policy.

8. Updates and Term

MINIVPS reserves the right to modify this SLA at any time by publishing the updated version on its official website, with the new version taking effect from the date of publication.

Continued use of the services after changes are published will be considered tacit acceptance of the new conditions.