This Service Level Agreement (“SLA”) determines the commitment between Raidflux and the user under Raidflux Terms and Conditions (“Agreement”) regarding the availability of Raidflux’s services. This SLA consists of Universal terms on Service Availability which apply to all Service Levels and Service Levels for specific Services. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Definitions
“Compensation” means Grant issued by Raidflux to the user for breach of warranted Service Levels.
“Emergency Works” means urgent works to prevent or fix accidents and other situations that compromise the safety and performance of the platform or Service.
“Maximum Service Uptime” means the total number of minutes in Accrual Period subject to Section 3 “Exclusions”.
“Service Availability and/or Service Level” means Service Uptime Percentage in Accrual Period warranted to the user for a specific Service.
“Service Downtime” means a period of Unavailability in Accrual Period (in minutes), which is determined on a basis of Raidflux data on Unavailability of Services and/or as a period of time commencing from Unavailability message submitted by the user to Raidflux via the form in Management Console or by email till the moment of Service recovery.
“Service Uptime Percentage” means a Maximum Service Uptime, minus the number of minutes of downtime suffered from all Service Downtime periods in Accrual Period, divided by Maximum Service Uptime and multiplied by 100%.
“Unavailability” means a period when Service works with an error. Unavailability is determined separately for each Service.
1.1. Raidflux will use reasonable endeavors to realize the uninterrupted availability of its services but offers no guarantees in this regard unless otherwise agreed by means of an SLA. Raidflux also makes no promises or guarantees as to security, availability, and integrity of data transfers while making use of the Services unless it explicitly states otherwise
1.2. Raidflux commits to provide the user with Service Uptime Percentage equal to the third-party providers, Google Cloud, Digital Ocean.
1.3. This SLA applies only to specific Services linked in this document and is rendered only on a fee-paying basis provided that the user complies with Raidflux’s Terms of Agreement and Privacy Policy.
1.4. In case of Unavailability, the user shall send Raidflux an Unavailability message, which shall contain:
(a) message subject: « [name of a Service] _service unavailability _ user’s name»,
(b) date and time when the service became unavailable,
(c) description of the service failure with a screenshot attached (if any).
1.5. User undertakes to follow Raidflux's instructions received in response to the user’s message on Service Unavailability, and immediately inform Raidflux when access to Service is restored.
1.6. the user undertakes to cooperate with Raidflux to detect the source of Unavailability, eliminate it and restore the operation of Service.
1.7 Raidflux regularly carries out maintenance, adjustments, or improvements of the Services. Should maintenance, adjustments, or improvements require reduced or total unavailability of the Services, the Raidflux will attempt to carry out such maintenance as much as possible, outside Normal Business Hours or during non-Business Days, and will endeavor to notify the user in advance of the scheduled maintenance. However, Raidflux is in no case liable to compensate for any damage arising in connection with such maintenance. If Raidflux considers that there is a danger to the functioning of its Services, Raidflux will have the right to implement all measures it considers reasonably necessary to avert or prevent this danger. Since the Services are provided over the public internet, the user is responsible for acquiring appropriate internet access and suitable anti-virus protection and the like. Raidflux accepts no liability in this regard.
1.8 All provisions in regard to availability and maintenance will be executed on a best-effort basis.
1.9 From time to time, Raidflux shall release updates to the Services that address bugs or add new features which in turn could change the functionality of Services. Raidflux shall make such updates available to the user as soon as practicable and is not required consent from the user.
2.1. If Raidflux does not meet the warranted Service Uptime Percentage, the user will be eligible to receive compensation. Service Level and amount of Compensation are determined for each service separately.
2.2. Compensation amount depends on an actual Service Uptime Percentage and total cost of used Service in the period the unavailability of Service was recorded
2.3. Compensation amount for each Service will, under no circumstances, exceed the total cost of the Service usage of the month when Unavailability was recorded.
2.4. To calculate the Service Uptime Percentage, Raidflux may use its own data, if this data indicates commencing of Unavailability earlier than the time specified by the user in its Service Unavailability message.
2.5. Compensation is the sole and exclusive remedy and indemnification to the user for failure to comply with the warranted Service Level.
2.6. Raidflux will provide any Compensation only against future payments otherwise due from the user. Compensation will discount the Service Fees for future usage, in which Raidflux calculated Compensation, and may not be used otherwise. The provision of Compensation implies no payment of funds to the user.
2.7. Compensation will be calculated automatically based on Raidflux's data. Compensation is provided within thirty (30) calendar days from the end of the month, in which Unavailability occurred, and (or) from when the user sent a message to inform of the loss/damage of the user's Content in an accident caused by Raidflux, which Raidflux subsequently confirmed. If there are any disputes in respect to Service Uptime Percentage in the affected month, provision of Compensation may be extended up to sixty (60) calendar days.
2.8. If the user's Content is lost and (or) damaged in an accident caused by Raidflux, the user will be granted Compensation based on the user’s message. In that case, the amount of compensation is 100% of the Service Fee in the month, during which the user`s Content was lost and (or) damaged. To receive Compensation, the user shall submit a message to Raidflux to inform of the loss/damage of the user’s Content within thirty (30) calendar days from when the user’s Content was lost/damaged, otherwise, the user waives its right for Compensation for Content’s loss/damage.
3.1. SLA does not apply to Unavailability caused by the following circumstances:
(a) actions of the user and (or) third parties, including, but not limited to, the use of third-party equipment and (or) software resulting in Unavailability of Service;
(b) preventive maintenance and Emergency Works;
(c) a request of authorized public bodies in accordance with applicable laws;
(d) the user does not comply with Agreement or AUP;
(e) force majeure;
(f) the user uses Services with breach of technical limitations and/or in excess of the established Quotas and Limits.
3.2. Raidflux may interrupt the operation of any Service to perform necessary preventive maintenance or Emergency Works.
3.3. Unavailability caused by Emergency Works or preventive maintenance shall not be compensated under this SLA if the total Service Downtime does not exceed eight (8) hours in the month. If Emergency Works are required, Raidflux may interrupt the operation of the Service without prior notice to the user.
3.4. Raidflux may interrupt the operation of any Service to perform necessary preventive maintenance, inter alia, on weekdays. In this case, Raidflux will notify the user three (3) calendar days prior to the commencement of preventive maintenance that interrupts the operation of Service by posting the respective information on Site (including the duration of preventive maintenance).
3.5. Raidflux is not responsible for any loss of, and (or) damage to the user`s Content that arises from the user's actions.
3.6. Raidflux may refuse to provide the user with Compensation if the user has Arrears with payments for Services until Arrears are settled.
