Backupify Service Level Agreement (the “Backupify SLA”)
Provided that you are a paid Subscriber (as defined in the current Backupify Terms of Service, the "ToS") and comply with the ToS, we will:
- make and store a copy of your Backedup Data at least once each calendar day starting the day after your Initial Backup is complete, and
- the Backupify Service web interface will be operational and available to Customer at least 99.9% of the time in any calendar month
If Backupify does not meet the Backupify SLA, Subscriber will be eligible to receive the Service Credits described below. This Backupify SLA states Subscriber’s sole and exclusive remedy for any failure by Backupify to meet the Backupify SLA.
Definitions. The following definitions shall apply to the Backupify SLA.
- Backedup Data means to save a copy of your data and other files that exist on third-party websites that you designate within the Service for backup and are available through externally facing APIs.
- Initial Backup means the first full copy and storage of your Backedup Data.
- Downtime means the Service is unavailable for a customer, exclusive of Permitted Downtime.
- Permitted Downtime means the Service is unavailable for customer 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 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 Backedup Data means the number of sequential calendar days where we have failed to make and store a copy of your Backedup Data.
- Service means the Backupify for Google Apps service provided by Backupify to Customer under the Agreement.
- Service Credit means either Access Related Service Credit or Performance Related Service Credit.
- Performance Related Service Credit means the following:
|Sequential Days Without Backedup Data||Days of Service added to the end of the Service term at no charge to Subscriber|
- "Access Related Service Credit" means the following:
|Monthly Uptime Percentage||Days of Service added to the end of the Service term at no charge to Subscriber|
|< 99.9% - >= 99.0%||3|
|< 99.0% - >= 95.0%||7|
Customer Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Backupify within thirty days from the time Customer becomes eligible to receive a Service Credit. Send an email to firstname.lastname@example.org to request a credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Backupify to Subscriber in a single calendar month shall not exceed fifteen days of Service.
Backupify SLA Exclusions. The Backupify SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such 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.