This Service Level Agreement (“SLA”), together with any other document referred to within it, is incorporated into and governed by the Terms and Conditions of Service (“Customer Terms”) located at: https://www.brightbox.com/legal/terms.
All definitions set out in the Customer Terms shall also apply in this document.
Capitalised terms, unless defined within this document, shall have the meaning given to them in the Customer Terms.
“Service Credit” means credit applied to a Brightbox Account to be used as credit against future invoices.
“Applicable Service” means an individual “Cloud Server” and/or “Load Balancer” in use by your Account.
“Unavailable” or “Unavailability” means that the Applicable Service does not have:
“Eligible Usage Fees” means the usage fees incurred by you in respect of the affected Applicable Service for the period of Unavailability.
“Scheduled Maintenance” means any period of maintenance for which we have provided at least 24 hours notice.
(3.1) We shall use reasonable endeavours to ensure availability of the Applicable Services at all times.
(3.2) In the event that we do not meet our commitment set out in clause 3.1 of this SLA, you shall be entitled to claim a Service Credit equal to 150 times the Eligible Usage Fees for each full 30 minute period of Unavailability. For the avoidance of doubt, any periods of Unavailability which are less than 30 minutes shall not be counted when calculating any Service Credits due.
(4.1) To make a claim for Service Credit, you must notify us via email to firstname.lastname@example.org within 30 days of the beginning of the first incident of Unavailability for which you are claiming.
(4.2) The notification must include:
(4.3) Failure to provide the required information as set out in this clause 4 shall invalidate your claim for Service Credit.
(4.4) If, having reviewed your claim, we determine at our sole discretion that a Service Credit is due, then we shall apply such credit to your Account within 30 days of the date of our determination.
(5.1) Your entitlement to claim Service Credits as provided in this SLA shall be your sole and exclusive remedy for any failure of ours to provide the Services according to the Customer Terms.
(5.2) The maximum total Service Credit you are entitled to claim under this SLA shall not exceed the Eligible Usage Fees.
(5.3) Service Credits may not be transferred or applied to another Account.
(5.4) Service Credits shall only be issued in respect of the Eligible Usage Fees for the period of Unavailability and not in respect of any Advance Payments made to your Account.
(5.5) Service Credits are non-refundable and may only be used as credit against future invoices due in respect of your usage of the Services.
(5.6) The SLA shall not apply to any period of Unavailability due to:
(5.7) You shall be ineligible to claim for Service Credit under this SLA if:
We reserve the right at our sole discretion to change this SLA at any time, effective upon the posting of an amended SLA to the Brightbox Website. We shall provide you with notice of such changes in accordance with clause 24.1 of the Customer Terms.
Last updated: 08 Mar 2019 at 12:36 UTC