Service Level Agreement

TOC

Scope

This service level agreement (“SLA”) is an integral part of the Contract between Astrec Data and the Customer.

Service Guarantee

Astrec Data will guarantee 99.99% pilvio virtual server and network availability to the Customer. The network will be deemed available if Astrec Data’s routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, Astrec Data shall offer compensation to the Customer.

Scheduled Interruptions

Astrec Data will notify the Customer by e-mail or on pilvio.com website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which Astrec Data may deploy without prior notice.

Error Notifications

In case of an interruption in the Services, the Customer has to notify Astrec Data by e-mail to support@pilw.io. The interruption is deemed to begin when the failure starts to affect the Customer’s use of the Services, and to end when the failure has been corrected. Astrec Data will notify the Customer about the correction of the failure.

Payment of Compensation

When a failure in the Services has been corrected, Astrec Data will offer the Customer compensation which the Customer may reclaim within 15 days. The compensation will be paid to the Customer’s service account in the form of credits and may not be exchanged for cash or other forms of payment.

Amount of Compensation

The amount of compensation will be 50 times Astrec Data’s charges for the Services allocated for the period of the interruption of the Services. The maximum amount of compensation for an individual interruption is 100% of Astrec Data’s charges for the Services during 30 calendar days preceding the interruption. The total sum of aggregated compensations cannot exceed 250% of Astrec Data’s charges for the Services during 30 calendar days preceding the latest interruption.

Sole Remedy

The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, Astrec Data’s decision on the issue will be binding and final.

Exemptions from Service Guarantee

The following situations will be exempt from Astrec Data’s service guarantee:
  • Scheduled interruptions Failures caused by errors in third party software utilized in the Services
  • Failures in products or services which are not included in the Services
  • Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Services
  • Violations of Astrec Data’s acceptable use policy
  • Failures due to hostile actions by third parties such as denial-of-service attacks.
  • Interruptions resulting from law and public authority enforced activities
  • Customer does not have sufficient pre-paid balance on the Customer’s service account for the use of the Services at the time of the interruption in the Services.

No compensation will be payable to the Customer during a free-of-charge trial period.