Service Level Agreement (SLA)

1. Introduction

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/.

2. Definitions

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:

• local network connectivity and/or;
• when used in conjunction with Cloud IPs, public Internet connectivity.

“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. Our Commitment

(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. Claims

(4.1) To make a claim for Service Credit, you must notify us via email to sla-claim@brightbox.com within 30 days of the beginning of the first incident of Unavailability for which you are claiming.

(4.2) The notification must include:

• your unique Account ID, in the email subject;
• the start and end time for each incident of Unavailability for which you are claiming,
• the unique identifier for each affected Cloud Server and/or Load Balancer;
• clear and accurate evidence to enable us to confirm your claim for Service Credit, including without limitation any relevant server log files.

(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. Limitations

(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:

• Scheduled Maintenance; or
• incidents outside of our reasonable control including, without limitation, force majeure events, or problems with the Internet; or
• law enforcement activity; or
• actions of a third party including, without limitation, Denial of Service attacks; or
• Suspension or Termination of your Account and/or individual Services in accordance with the Customer Terms; or
• any action or inaction whatsoever by you, your employees, End Users or other Brightbox Users in connection with your Account and/or Services.

(5.7) You shall be ineligible to claim for Service Credit under this SLA if:

• you are in breach of any part of the Customer Terms including, without limitation, the AUP; or
• one or more of your Services are Suspended in accordance with the Customer Terms; or
• you have outstanding invoices due to be paid.

6. Changes

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: 26 Apr 2021 at 16:58 UTC