1. Scope and Applicability
This Service Level Agreement ("SLA") applies solely to Services explicitly designated by OMNIUS Cloud Private Limited ("Company") as SLA-covered paid production services. This SLA does NOT apply to beta, preview, experimental, or testing environments; free-tier or promotional services; or non-production or trial deployments. No SLA applies unless explicitly stated.
1.1Service Segmentation
The Company may define separate SLAs for different service categories (e.g., compute, storage, networking) and apply different uptime targets to different Services.
1.2Strict Interpretation
This SLA creates a service level objective, not an unconditional guarantee. Nothing in this SLA creates a guarantee of uninterrupted service or expands obligations beyond what is explicitly stated.
2. Definitions and Measurement Framework
2.1Uptime
"Uptime" means the availability of core infrastructure Services as measured by the Company's internal monitoring systems at the system level.
2.2Downtime
"Downtime" means a complete and verifiable inability to access core Services. The following do NOT constitute Downtime: partial degradation of performance; increased latency or response times; intermittent connectivity issues; localized or region-specific issues; or failures caused by user configurations or actions.
2.3Measurement Authority
Measurements of uptime and downtime are performed by the Company's internal monitoring systems. The Company's measurement data is presumptively correct in the absence of manifest error. Customers may submit countervailing evidence within thirty (30) days of receiving a measurement determination. External monitoring tools or third-party reports shall not override Company measurements but may be considered as supporting evidence. In the event of a manifest error, the Company shall review and correct measurements in good faith.
2.4Measurement Methodology
Availability is calculated on a per-service basis over a defined monthly billing cycle, based on aggregated system-level data. Downtime is calculated as total minutes of qualifying unavailability excluding all exclusions defined in this SLA.
2.5Status Page
The Company maintains a publicly accessible status page at [https://status.omnius.in] (or such URL as updated) showing real-time and historical service status. Customers are responsible for monitoring the status page and subscribing to incident notifications.
3. Service Commitment
The Company targets a Monthly Uptime Percentage ("MUP") of 99.9% per calendar month for SLA-covered Services under normal operating conditions. This is a service level objective subject to the exclusions and limitations set out herein. The Company shall use reasonable efforts to notify Customers of scheduled maintenance and significant incidents where feasible.
4. Service Credit Structure
Service credits are provided only where the Monthly Uptime Percentage falls below defined thresholds.
4.1Credit Tiers
| Monthly Uptime | Service Credit |
|---|---|
| ≥ 99.9% | 0% |
| < 99.9% and ≥ 99.0% | 5% |
| < 99.0% and ≥ 95.0% | 10% |
| < 95.0% | 40% |
4.2Credit Calculation
Service credits are calculated as a percentage of the monthly fees for the affected service only and are applied to future invoices.
4.3Credit Cap and Limits
Total service credits shall not exceed 40% of the monthly fees for the affected service per billing cycle. Credits below INR 100 shall not be issued. Credits must be used within 12 months from issuance, failing which they expire.
4.4Non-Stacking Rule
Service credits cannot be combined across multiple services, aggregated across multiple incidents, or stacked. Credits are calculated independently per affected service.
4.5Sole and Exclusive Remedy
Except where otherwise required under applicable law (including the Consumer Protection Act, 2019), service credits constitute the sole and exclusive financial remedy for SLA failures. Nothing in this clause limits statutory remedies available to individual consumers under Indian consumer protection law.
4.6No Monetary Value
Service credits have no cash value, are non-transferable, and cannot be exchanged for refunds or payments.
5. Credit Claim Process and Validation
5.1Mandatory Claim Submission
To be eligible for service credits, the Customer must submit a written claim to support@omnius.in within thirty (30) calendar days following the end of the affected billing period, with complete and verifiable information.
5.2Burden of Proof
The Customer bears the burden of demonstrating that a qualifying downtime event occurred, that it is not subject to any exclusion, and that all eligibility conditions have been met.
5.3Company Response Obligation
The Company shall evaluate credit claims in good faith and respond with a determination within thirty (30) business days of receiving a complete claim. Where additional information is required, the Company shall notify the Customer within ten (10) business days of receipt.
5.4Determination
All determinations are made using the Company's internal monitoring systems. The Company's determination is presumptively correct absent manifest error. If the Customer demonstrates a manifest error, the Company shall review and correct the determination in good faith.
5.5Anti-Abuse
Any attempt to manipulate metrics, submit fraudulent claims, or artificially generate downtime conditions may result in denial of all claims, suspension of Services, and permanent SLA ineligibility.
6. Exclusions
No service credit shall apply to unavailability resulting from:
- Customer-controlled factors: configuration errors, mismanagement, or misuse; failure to implement redundancy; application-level failures; improper scaling.
- External dependencies: failures of internet service providers, DNS systems, or network carriers; disruptions in third-party services.
- Infrastructure and environmental factors: upstream provider failures; hardware limitations beyond reasonable control.
- Security and protective actions: cyberattacks or malicious activity; mitigation or defensive actions; preventative shutdowns.
- Scheduled maintenance (announced with reasonable prior notice). Emergency maintenance without notice shall not be excluded unless necessary to prevent imminent harm or security breach, in which case the Company will provide post-incident notification.
- Force majeure: natural disasters, war, government actions, or power outages.
- Partial or non-critical failures: performance degradation not resulting in total service unavailability.
- Beta or non-production services.
7. Customer Responsibilities
Eligibility for SLA credits is conditional upon implementing redundancy and failover mechanisms, maintaining independent backups, monitoring system performance, and configuring services according to best practices. Customers should not rely on SLA targets as a substitute for proper system design.
8. Consumer Protection
If the Customer is an individual consumer within the meaning of the Consumer Protection Act, 2019, nothing in this SLA shall limit, exclude, or waive any statutory right or remedy available to the Customer under applicable consumer protection law. In the event of any conflict, applicable consumer protection law shall prevail.
9. Liability Limitation
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages; loss of data, revenue, or business opportunities; or damages arising from downtime or service interruptions. Nothing in this SLA shall exclude or limit liability for fraud, gross negligence, or wilful misconduct. In the event of any conflict, the liability limitation provisions in the Terms of Service shall prevail.
10. Changes, Suspension, and Termination of SLA
10.1Modification Rights
The Company may modify this SLA, including service commitments, credit structures, and exclusions. For reductions in service commitments affecting active paid subscriptions, a minimum of thirty (30) days' advance written notice shall be provided. For changes required immediately due to security or legal reasons, such changes shall take effect immediately with post-hoc notification.
10.2Suspension and Termination
The Company may suspend SLA commitments during maintenance, security incidents, or infrastructure protection activities. SLA obligations cease upon termination of Services and no further credits shall accrue.
11. Governing Law and Jurisdiction
This SLA shall be governed by and interpreted in accordance with the laws of India. Disputes shall be subject to the dispute resolution mechanism in the Terms of Service, including arbitration with seat in Delhi, India.
12. Relationship with Other Agreements
This SLA forms part of and must be read with the Terms of Service, Privacy Policy, and any applicable service-specific agreements. In the event of conflict, this SLA governs service availability and credits only; the Terms of Service govern all other matters.
13. No Warranty
This SLA does not constitute a warranty of uninterrupted service. All services are provided on an "as is" and "as available" basis. The Company expressly disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and continuous availability.
14. Final Acknowledgment
By using the Services, the Customer acknowledges full understanding of this SLA, accepts all limitations, exclusions, and conditions, and agrees that service credits (subject to applicable law) are the sole financial remedy for SLA failures.
Questions about this SLA?
Reach out to our team at legal@omnius.in or visit our contact page.