BaaS SLA


Link Cloud Services – Backup as a Service (BaaS) Service Level Agreement (“BaaS SLA”)


Effective as of September 1, 2013.

This BaaS SLA is incorporated in and forms an integral part of the Link Cloud Services Terms of Service (TOS). All capitalized terms used in this BaaS SLA shall have the meaning set forth in the TOS, including without limitation the BaaS Cloud Service Terms of Use Addendum, unless otherwise expressly provided.

Provided that You are a paid BaaS Cloud Service Subscriber and comply with the TOS, We will:

  1. make and store a copy of Your Backup Data as determined by Your defined backup parameters and schedule; and
  2. Our BaaS Cloud Service web interface will be operational and available to You at least 99.9% of the time in any calendar month.

If Our BaaS Cloud Service does not meet this BaaS SLA, You will be eligible to receive the Service Credits described below. This BaaS SLA sets forth BaaS Subscriber’s sole and exclusive remedy for any failure by the BaaS Cloud Service to meet this BaaS SLA.

1. Definitions:

“Backup Data” means to save a copy of Your data and other files that exist on third-party websites that You designate within the BaaS Cloud Service for backup and are available through externally facing APIs.

“Initial Backup” means the first full copy and storage of Your Backup Data.

“Downtime” means the BaaS Service is unavailable for You, exclusive of Permitted Downtime.

“Permitted Downtime” means the BaaS Cloud Service is unavailable for Your use during a prescheduled period which has been announced at least 72 hours in advance. Unless otherwise communicated, scheduled downtime shall not be more than two (2) hours per week, for major system configuration changes, upgrades or normal maintenance.

“Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

“Sequential Days Without Backup Data” means the number of sequential calendar days where We have failed to make and store a copy of Your Backup Data.

BaaS Cloud Service means the applicable BaaS Cloud Service You subscribe to.

BaaS Cloud Service Credit” means either Access Related Service Credit or Performance Related Service Credit.

“Performance Related BaaS Cloud Service Credit” means the following:

Sequential Days Without Backup Data

Days of Service added to the end of the BaaS Cloud Service term at no charge to Subscriber

1

3

2

7

5

15

“Access Related BaaS Cloud Service Credit” means the following:

Monthly Uptime Percentage

Days of BaaS Cloud Service added to the end of the BaaS Cloud Service term at no charge to Subscriber

< 99.9% - ≤ 99.0%

3

< 99.0% - ≤ 95.0%

7

< 95.0%

15

 

2. Customer Request Service Credit.

In order to receive any of the BaaS Cloud Service Credits described above, You must notify Us within thirty (30) days from the time You become eligible to receive a BaaS Cloud Service Credit. Send an email to Cloud@LinkBermuda.com to request a credit. Failure to comply with this requirement will forfeit Your right to receive a BaaS Cloud Service Credit.

Maximum Service Credit

The aggregate maximum number of BaaS Cloud Service Credits to be issued by Us to You in a single calendar month shall not exceed fifteen (15) days of BaaS Cloud Service.

 

3. BaaS SLA Exclusions

This BaaS SLA does not apply to any other Link Cloud Services or any performance issues that: (i) are related to acts of nature, forces or causes beyond Our reasonable control, strikes, labor disputes, riots, insurrections, civil disturbances, explosions, acts of god, war, governmental actions, or orders of domestic or foreign courts or tribunals; (ii) result from availability of third-party APIs, or, (iii) result from Subscriber’s equipment. Notwithstanding anything to the contrary herein, the total amount credited to You in a particular month under this BaaS SLA shall not exceed the total fee paid by You for such month for the affected IaaS Cloud Services. Credits are exclusive of any applicable taxes charged to You or collected by Link and are Your sole and exclusive remedy with respect to any failure or deficiency in the availability of the BaaS Cloud Services.