For the purposes of this Service Level Agreement:
- “Cloud Server“ means your virtual machines or virtual appliances.
- “Cloud Server Hosts” means the physical server which hosts your virtual machine or virtual appliances.
- “Data Centre Network” means infrastructure which is under our direct control, including border routers, core switches, top-of-rack switches, firewalls and cabling.
- “Out of Hours” means all times other than Working Hours.
- “Scheduled Maintenance” means planned maintenance which is announced at least 7 calendar days in advance or individual reboots/ downtime as agreed with a customer.
- “Service Fee” means monthly fees payable to us in exchange for services but not including licensing fees such as Microsoft SPLA.
- “Working Hours” means Monday to Friday 9AM to 5:30PM excluding public and bank holidays.
Network and Infrastructure
We guarantee 100% uptime for our data centre network. Once packets have left our border routers they are transmitted across the Internet by a number of other service providers; there is no guarantee they will reach their destination and onward transmission does not form part of the service level agreement.
We guarantee 100% uptime of all Cloud Servers. Customers accept that if a Cloud Server Host fails, Cloud Servers will be automatically restarted on an alternative Cloud Server Host by VMware High Availability and this constitutes continuance of service.
We guarantee a 30 minute response time during Working Hours and a 1 hour response time Out of Hours. Non-technical enquiries may be dealt with on the next working day. Urgent issues should be reported by telephone thus guaranteeing an immediate response.
In the event we fail to meet a guarantee stated above, we will refund 5% of your monthly Service Fee for each hour of downtime or delay on response time experienced, upto a maximum of 100% of the monthly Service Fee for those services affected.
Customers accept that during periods of Scheduled Maintenance some services may be unavailable but these do not constitute failure of the above guarantees. During such periods we will ensure best efforts to provide continuity of service.
You are not entitled to service credits if you are in breach of your services agreement with us (including your payment obligations to us). No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your staff, (ii) due to failure of any equipment or software provided by you, (iii) which are the result of Scheduled Maintenance, (iv) due to a force majeure event, or (v) resulting from your breach of the Terms and Conditions or Acceptable Use Policy.
Service Credits are not cumulative and shall not exceed the Service Fee. This Service Level Agreement is your sole and exclusive remedy for failure to met the guarantees set out above.
All SLA claims should be communicated via email within 7 days of the incident with as much information as possible including logs, host name and IP address, and a description of the incident to email@example.com.
This Service Level Agreement is part of your Agreement with us, along with Terms and Conditions and Acceptable Use Policy, and is subject to the terms and conditions stated in those documents.