Scope. This service level agreement (“SLA”) is an integral part of the Contract between ALR Network and the Customer.
Service Guarantee. ALR Network will in its best intention try to provide 99.9% virtual server and network availability to the Customer. The network will be deemed available if ALR Network’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, ALR Network shall offer compensation to the Customer.
Scheduled Interruptions. ALR Network will notify the Customer by e-mail or on ALR Network’s 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 ALR Network may deploy without prior notice.
Error Notifications. In case of an interruption in the Services, the Customer has to notify ALR Network by helpdesk ticket or email. 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.
Compensation. When a failure in the Services has been corrected, Customer may request compensation via a helpdesk ticket. 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 as follows:
99.5% – 99.4% uptime: 5% credit
99.3% – 98.9% uptime: 10% credit
98.7% – 98% uptime: 15% credit
97% – 94% uptime: 25% credit
Less than 94% uptime: 100% credit
The maximum amount of compensation for an individual interruption is 100% of ALR Network’s charges for the Services during 30 calendar days preceding the 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, ALR Network’s decision on the issue will be binding and final.
Exemptions from Service Guarantee. The following situations will be exempt from ALR Network’s service guarantee:
- Scheduled interruptions
- Failures caused by errors in third party software utilised 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 ALR Network’s policies
- 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 for services offered free-of-charge or in a trial period.