Live Support

Service Level Agreement

The Services are provided subject to the following terms and conditions, referred to as a "Service Level Agreement" or "SLA".

  • PROVIDER SERVICES AVAILABILITY. Provider will use commercially reasonable efforts to provide the Provider services. However, Provider services, including software, operating systems, applications, and data may not be available during maintenance and other periods. From time to time Provider services may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Provider may undertake; or (iii) causes beyond Provider's control or that are not reasonably foreseeable by Provider.

  • Credits. Credits are offered as a percentage of the monthly hosting fee in accordance with the table below for cumulative monthly service inavailability, except for the Downtime Exclusions listed below. Credit calculations require rounding up to the nearest full hour.
  • Service Availability Amount of Credit as a Percentage of Monthly Fee for Affected Service
    99.0% to 99.999% 3% of monthly fee credited
    98.0% to 98.9% 5% of monthly fee credited
    95.0% to 97.99% 10% of monthly fee credited
    90.0% to 94.9% 25% of monthly fee credited
    89.9% or below 2.5% credited for every 1% of lost availability up to 100% of monhly fee
    • Accessibility of the Provider web interface. During Scheduled Maintenance, the Provider servers and services might be available, but User might not be able to access them.
      • Normal scheduled maintenance ("Normal Maintenance Window") occurs at least one (1) weekend each month
      • The Normal Maintenance Window occurs on the second weekend following the second Tuesday of the month. This is subject to change at Provider's sole discretion, and the new Normal Maintenance Window will become effective upon posting to Provider's web interface(s) or email notification.
    • Infrastructure Maintenance includes all Provider components, including the server(s). During Infrastructure Maintenance, the Provider server and other Services may not be available and is not included in the calculation of uptime guarantees
    • Scheduled maintenance does not count as downtime and is not included in the calculation of the uptime guarantees.
    • If Provider intends to perform scheduled maintenance outside of the Normal Maintenance Window or Quarterly Maintenance Window, Provider will post a notice to Provider's web interface(s) or email notification to User with at least twenty-four (24) hours notice.
    • Provider has the right to perform emergency maintenance if there is an immediate, material threat to Provider Servers or to Provider services.
    • Provider will attempt to notify User by email prior to emergency maintenance, but notice depends upon the severity and critical nature of the emergency maintenance.
    • Emergency maintenance does not count as downtime and is not included in the uptime guarantee calculations.
  • HARDWARE REPLACEMENT. Provider has the right to replace hardware for any reason, at any time.
  • DOWNTIME EXCLUSIONS. The unavailability of Provider services due to the following will not be considered to be downtime (nor will credits be issued):
    • User's applications and content, and errors from User's own custom scripting or coding.
    • User's configuration(s) outside of the Provider infrastructure that affects Provider services.
    • User's acts or omissions.
    • Force majeure.
    • Services provided by a third party outside of Provider's control.
    • Scheduled Maintenance or Emergency Maintenance.
    • Downtime to install services User requests.
    • Internet traffic exchange points external to Provider, including without limitation Network Access Points ("NAPs") and Metropolitan Area Exchanges ("MAEs"), and Internet networks controlled by others.
    • Suspension of Provider services (e.g. User doesn't pay charges to Provider).
    • To receive a credit, User must have opened a trouble ticket for the problem, and User must contact a Provider Service Representative via or within thirty (30) days of the outage or failure and request a credit.
    • Multiple credits will not be paid for different types of outages occurring at the same time (no overlapping credits). There are no duplicate credits for the same outage, and the greater of the applicable credits will apply.  In a given month, if there is more than a single outage, then service availability is measured as an aggregate for the entire month.
    • There is an overall cap on credits in a month. Credit in a month for a service cannot exceed one-hundred percent (100%) of the charges for the service for a month.
  • TROUBLE TICKETS. A member of our Network Operations Center Service Desk staff will be available to assist you with problems and questions regarding the hosting services. Provider will supply telephone and/or email support to you regarding the hosting services twenty-four (24) hours a day, seven (7) days a week. If problem is determined to be non-hosting environment related a charge may be incurred at an hourly rate of one-hundred and fifty dollars ($150) per hour.
    • User may open a trouble ticket using one of the following methods:
      • Provider Web Interface. Create a trouble ticket by logging into the Provider web interface and selecting "Support."
      • Call (877) MY-CLOUD.
      • Chat. User can log into the Provider web interface and chat with one of Provider's representatives
      • Email.
  • PROVIDER WILL ONLY PAY CREDITS FOR DOWNTIME OR OUTAGES. The credits listed above are Provider's only liability, no matter what type of claim, for Provider services downtime or outages. Provider is not liable for any damages (direct, consequential, incidental, lost business, etc.) User claims to have suffered because of Provider downtime or outages, including the unavailability of software, operating systems, applications, and data. The credits set forth herein this Exhibit are User's sole and exclusive remedy for Provider's inability to achieve the SLAs set forth herein.

    Disk-based retention periods and service conditions are as follows for Provider's services:

    • Hosted Exchange, Multi-Tenant
      • Retention : 30 Days
      • Service Conditions :
        • $250 per full mailbox recovery.
        • Self-recovery of items deleted via a Microsoft email client is available at no cost within 14 days of deletion.
    • VaultScape
      • Retention : As set by Client in User Interface
      • Service Conditions : Recovery is self-service over the internet
    • VaultScape Enterprise
      • Retention : 30 Days
      • Service Conditions :
        • Clients may have their Virtaul Machines turned on in Provider environment at any time. Virtual Machine turn-on time is no greater than twenty-four (24) hours from Support request.
        • A weekly fee is incurred for each full or partial week that Client Virtual Machines are turned on in Provider environment
    • Public Cloud (Virtual Machines on Shared Servers)
      • Retention : 30 days
      • Service Conditions :
        • Provider performs daily backups of all environments for its own Disaster Recovery purposes.
        • If Client elects to purchase Managed Backup Services, then Client may request recovery of individual files or of an entire Virtual Machine up to two times per month at no additional cost.
    • Private Cloud (Dedicated Servers)
      • Retention : 30 days
      • Service Conditions :
        • If Client elects to purchase Managed Backup Services, then Client hay request recovery of individual files or of any entire Virtual Machine up to two times per month at no additional cost.
    • Metered Bandwidth.
      • User is charged based on the cumulative bandwidth usage each month.
      • If bandwidth consumption exceeds the purchased amount, an overage charge is billed to User.
    • Internet Bandwidth Measurement - 95th Percentile.
      • Internet bandwidth is measured by taking samples of usage every five (5) minutes during a calendar month and collecting two (2) readings (cumulative of inbound feeds and cumulative of outbound feeds at the same measured point in time).
      • The measurements are stored and become data points. At the end of the month, all data points taken during the month are ranked in ascending order.
      • Provider will discard the top five percent (5%) for each set (inbound and outbound) of data points.
      • The highest remaining sample of the two (2) sets becomes User's sustained (base) or burstable usage number for that billing cycle.
      • User will be invoiced at the end of each month for Burstable Internet bandwidth usage, if any.

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