Service Level Agreement

Service Level Agreement

Last Updated: 04/09/2023

1. Introduction

This Service Level Agreement (“SLA”) outlines the support of the BlueRack’s Services and products. The remedies set out in this SLA are your (“Client”) sole and exclusive remedy for issues covered by the SLA. If there is a conflict between this SLA and the Terms of Service, the Terms of Service shall control.

2. Definitions

• Services: Means the portions of the Services the Client subscribes to.
• Monthly Period: Means the billing period within a calendar month.
• Downtime: Means any period of time in which the Services are unavailable to the Client during any Monthly Period, calculated separately for each Service to which a Client is subscribed.
• Monthly Subscription Value: The actual amount invoiced during the Monthly Period for each distinct Service or if it is an annual subscription the fee paid for the Service divided by 12. If you switch hosting plans during the Monthly Period, your Monthly Subscription Value shall be prorated based on the amount of time spent on each plan during the Monthly Period. The Monthly Subscription Value excludes any other fee or amount, such as, but not limited to, paid add-ons, overages, build time, bandwidth, and migration fees.
• Uptime Guarantee: Means the Services will be available at least 99.9% of the time during each Monthly Billing Period.
• SLA Credit: Means the credit as described in this SLA which is applied to subsequent invoices.

3. How SLA Credits will be Calculated

3.1 If we fail to meet the Uptime Guarantee, upon request you will receive SLA Credits as described below:
3.1.1 For all of our hosting services, you will receive SLA Credits equal to five percent (5%) of your Monthly Subscription Value for each full hour (120 minutes) of Downtime. Downtime shall be calculated based on our monitoring.

For example purposes only:

Minutes in Downtime	Credit Percentage
0-59 minutes	0% Credit
120-140 minutes	5% of Monthly Subscription Amount
140-200 minutes	10% of Monthly Subscription Amount

SLA Credits will not exceed the Monthly Subscription Value for the month in which we failed to meet our Uptime Guarantee.

4. How You Will Receive SLA Credits

To claim an SLA Credit under this SLA, Customer shall send BlueRack a notice, via email addressed to support@bluerack.net, containing the following details:

• SLA Service(s) that form the basis for the claim;
• Billing information, including company name, billing address, billing contact and billing contact phone number;
• Downtime information with dates and time periods for each instance of downtime during the relevant period by applicable SLA Service; and
• An explanation of the claim, including any relevant calculations.

4.1 Claims must be submitted within 30 calendar days after the incident.

4.2 All claims will be verified against BlueRack ‘s system records. Should BlueRack dispute any period of unavailability alleged by Customer, BlueRack will provide to Customer a record of the SLA Service availability for the applicable period. BlueRack will provide such records only in response to claims made by Customer in good faith. BlueRack will only dispute any claims in good faith and shall cooperate with Customer to resolve any dispute related to any such claims disputed by BlueRack.

4.3 Accounts must not be past due when requesting an SLA credit. Account credits are issued to your account to be used for future service and will be automatically applied to newly created invoices.

5. When You Will Not Receive SLA Credits

BlueRack is not responsible for any outage to the extent resulting from the following, which would all therefore not be included in the calculation of the Uptime Guarantee:

• Periods of Scheduled Downtime.
• Emergency maintenance that is necessary to prevent imminent harm to the Service.
• Any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees).
• Internet service provider failure or delay.
• Third-party Services, Client application, equipment, software or other technology, or Client or its user’s use of the Service, in violation of the Agreement or not in accordance with the documentation.
• Outages due to instability or unavailability of Client-provided infrastructure.
• Outages due to changes in Client-owned infrastructure that have a direct impact on BlueRack services.
• Client breach of the Terms of Service or any other policies, terms, or agreements applicable to Client.

Please note that BlueRack is dependent on third-party providers and is not responsible for any issues resulting from those providers.