Service Level Agreement

1. Scope

This Service Level Agreement (“SLA”) governs monthly availability commitments and service credits for the covered services of Horváth Digital Solutions™ (“HDS”, “we”). It forms part of the contractual framework together with the Terms and Conditions, the individual service description / offering, and — where applicable — the Acceptable use policy.

Horváth Digital Solutions™ Owner: Semjon Horváth Eichborndamm 90B 13403 Berlin Germany

Email: info@horvath-digital.solutions
Legal: legal@horvath-digital.solutions
Phone: +49 30 81451947-0
Fax: +49 30 81451947-3

Further provider details are in the legal notice. Commercial and operational enquiries may use the contact page.

This SLA does not duplicate the general liability rules in the Terms and Conditions. As stated in the ranking of the Terms and Conditions, this SLA prevails on Availability measurement and service credits over the Terms and Conditions’ general liability rules for Availability shortfalls. Mandatory law and the unlimited liability limbs of the Terms and Conditions (intent, gross negligence, injury to life, body or health, and ProdHaftG) remain unaffected. Roles for personal data are described in the privacy policy and, where executed, the data processing agreement. Suspension and throttling for policy breach follow the Acceptable use policy.

HDS CDN™ is not a covered service. This SLA is provided in German and English; the German text prevails (see §12).

2. Definitions

For this SLA:

• Covered Services — the paid, contracted products listed in §3 that are in live production operation and for which the monthly availability target applies.
• Calendar month — a month according to the Gregorian calendar in Central European Time (CET/CEST).
• Availability — the percentage calculated under §4 for a Covered Service in a calendar month after exclusions.
• Downtime — periods in which the HDS-operated Covered Service is unavailable for reasons for which HDS is responsible, as measured under §4, excluding periods listed in §5 and §6.
• Recurring fee — the recurring fee actually charged for the affected Covered Service for the calendar month in which the shortfall occurred. If the Covered Service was contracted for only part of that month, the credit percentage in §8 applies to the prorated amount charged for that partial period. Setup fees, overage, migrations, and one-off work are not part of the Recurring fee for credit purposes.
• Service credit — a percentage reduction applied to the next invoice for the affected Covered Service only, as set out in §8. Credits are not cash and are not transferable.

3. Availability targets

For each Covered Service, HDS targets 99.9% Availability in each calendar month. In a 30-day month, 99.9% corresponds to about 43 minutes of chargeable Downtime after exclusions.

Free HDS Sentinel™, free HDS Verify™, and standalone free HDS DNS™ Basic are best-effort only: they have no availability commitment under this SLA and no entitlement to service credits. HDS DNS™ Basic is a Covered Service only when it is part of a paid hosting or mail contract.

The following are Covered Services when paid and contracted under an accepted order:

• Managed Hosting
• Email & Presence
• HDS DNS™ Anycast
• HDS DNS™ Basic when bundled with a paid hosting or mail contract
• HDS Sentinel™ on a paid plan
• HDS Verify™ on a paid plan

4. Measurement

Availability is measured per Covered Service over each calendar month using the formula: ((total minutes − excluded minutes − Downtime minutes) / (total minutes − excluded minutes)) × 100. Total minutes are the minutes in that calendar month during which the Covered Service was under contract with HDS.

https://status.hdsio.eu is authoritative for whether and when a Covered Service was unavailable. HDS does not name a separate internal monitoring system as a second public source of truth. Customer reports may still open a claim under §9; the status page controls the calculation.

Downtime means the HDS-operated Covered Service is unavailable for reasons for which HDS is responsible, as follows:

• Managed Hosting — HTTPS reachability of the production site or application on HDS infrastructure (not a customer test or acceptance environment; HDS does not provide one).
• Email & Presence — the HDS mail stack (acceptance of inbound mail, IMAP/webmail, outbound SMTP). Not third-party reputation, recipient servers, or customer DNS unless HDS DNS™ is contracted.
• HDS DNS™ Anycast — Availability of Anycast is measured by whether the contracted zone still receives authoritative answers from the Anycast PoPs; the PoPs are the measurement set. Bundled Basic’s European sites (Falkenstein, Amsterdam, and Zurich) are the fallback. Zurich is in Switzerland, not the EU/EEA. If Anycast PoPs fail but at least one of those European sites still answers the zone authoritatively, that period is not Anycast Downtime for credit purposes: the fallback kept DNS available. Bundled Basic (when it is itself a Covered Service) is measured by authoritative answers from those same European sites (Falkenstein / Amsterdam / Zurich).
• HDS Sentinel™ (paid) — the HDS check/control plane in the EU/EEA, not the customer’s monitored URL or host.
• HDS Verify™ (paid) — HDS verification API and embed serving, not the customer’s website.

5. Exclusions

The following are excluded from Downtime and do not reduce Availability:

• Suspension, rate-limiting, or throttling under the Acceptable use policy
• Customer configuration, content, code, or credentials
• Third parties outside HDS’s reasonable control (including Mollie, OAuth providers, Let’s Encrypt, the public internet, and customer resolvers)
• Force majeure (including as addressed in the Terms and Conditions)
• Fair-use or plan-cap limits stated in the offering or the Acceptable use policy
• Unpaid invoices after notice
• Scheduled or emergency maintenance under §6

6. Maintenance

Scheduled maintenance is excluded from Downtime only if announced at least 48 hours in advance. Notice must be visible via all three of: the account email on file, the customer portal, and https://status.hdsio.eu.

Emergency maintenance to protect security, integrity, or an ongoing outage may proceed with shorter or concurrent notice and remains excluded from Downtime. HDS announces emergency maintenance on https://status.hdsio.eu as soon as practicable.

This SLA does not fix a recurring weekly maintenance slot.

7. Incident communication

Incident updates are operational best effort only. This SLA does not create a credit-backed response-time, acknowledgment, update, RTO, or RPO commitment for support or incident handling.

For operational status, use https://status.hdsio.eu. For enquiries use the contact page (including enquiry@horvath-digital.solutions) and the operational mailboxes published on that page (including noc@). This section is not a separate escalation matrix and does not set Security VDP timelines.

8. Service credits

If Availability for a Covered Service in a calendar month falls below 99.9% after exclusions, the customer may claim a service credit against the Recurring fee for that Covered Service for that month, according to the table below. Only one credit band applies per Covered Service per calendar month.

Credits apply only to the next invoice for the affected Covered Service. They are not cash, not transferable, and not payable as a refund except where mandatory law requires otherwise. Setup fees, overage (including €0.08/GB where advertised), migrations, and one-off work are not credited. The service credit for a Covered Service in any calendar month shall not exceed 50% of that month’s Recurring fee for that Covered Service.

Except for liability that cannot be limited under mandatory law or under the Terms and Conditions (including intent, gross negligence, injury to life, body or health, and ProdHaftG), service credits under this SLA are the sole and exclusive contractual remedy for failure to meet the Availability target. This SLA prevails over the Terms and Conditions’ general liability rules for Availability shortfalls as set out in the ranking of the Terms and Conditions. The customer may not recover twice for the same Availability shortfall (for example by combining a service credit with another contractual claim for the same month and Covered Service).

9. Claims

Service credits are claim-only. HDS does not apply service credits automatically. Without a timely claim, no credit is due for that month, subject to mandatory law.

Submit a claim via the customer portal, the public form on the contact page, or the commercial enquiry channel enquiry@horvath-digital.solutions — not legal@horvath-digital.solutions. Include the affected Covered Service, the calendar month, and account identity sufficient for HDS to identify the contract.

Claims must be submitted within 30 days after the end of the calendar month in which the alleged shortfall occurred. Late claims are forfeited.

HDS verifies claims against https://status.hdsio.eu (authoritative). Approved credits appear on the next invoice for that Covered Service.

legal@horvath-digital.solutions remains for legal notices, material changes, and disputes under the Terms and Conditions — not for routine SLA credit claims.

10. Termination for repeated shortfall

If Availability for a Covered Service is below 99.9% in three consecutive calendar months after exclusions, the customer may terminate that affected Covered Service in text form.

Unused prepaid time for that terminated Covered Service is credited or refunded as required by mandatory law. This special termination right does not limit ordinary termination under the Terms and Conditions.

11. Changes to this SLA

HDS may update this SLA where there is a material ground relating to Availability measurement, exclusions, or service credits (in particular a change in statute or in how Covered Services are operated). The current wording appears on this page. For material changes, HDS notifies registered customers at least 14 days before the change takes effect, via a notice in the customer portal and by email from legal@horvath-digital.solutions.

If the customer objects to a material change before it takes effect, the customer may terminate the affected Covered Service as of that effective date, in text form (Textform) (email to legal@horvath-digital.solutions, fax, post, or the customer portal). Continued use of the Covered Services is not consent to the change.

An amendment of this SLA may only match or improve the Availability target and the service-credit rules for the customer relative to this SLA then in force and to any more favourable floor in the individual offering; it may not weaken them (for example by reducing the target, narrowing measurement, or making credits harder to obtain). The offering is subject to the same improve-not-weaken floor under the ranking in the Terms and Conditions. Commercial change mechanics for the contract generally follow the Terms and Conditions.

12. Final provisions

This SLA is provided in German and English. In case of conflict or ambiguity, the German text is authoritative. The English text is a convenience translation.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-laws rules that would lead to the law of another state. Where legally allowed, Berlin is the exclusive venue. That venue is the competent court in Berlin — court jurisdiction, not a data-centre region or hosting location. Mandatory consumer venues and exclusive statutory venues remain reserved.

If a provision of this SLA is or becomes invalid, the remaining provisions continue in effect.

Related documents: Terms and Conditions (including liability), Acceptable use policy (suspension), privacy policy and data processing agreement (roles). Provider identity: legal notice. Enquiries: contact page.