SERVICE LEVEL AGREEMENT
This Service Level Agreement (this “SLA”) is a policy governing the use of compute instances (the “Compute Services,” a subset of the Services as described in the User Agreement (the “Agreement”), which can be viewed here). This SLA applies separately to each Account using the Services. This SLA applies to the Compute Services only; you will not be entitled to receive Service credits to the extent the Services involve any Object Storage solutions or other solutions provided by Fybe. If there is a conflict between the terms of this SLA and the terms of the Agreement, the terms and conditions of this SLA apply, but only to the extent of such conflict. All capitalized terms not defined in this SLA will have the meanings set forth in the Agreement.
Fybe will use commercially reasonable efforts to make the Compute Services available at least 99.99% of the time in each Region in any given month (the “Service Commitment”). Availability is not affected by scheduled downtime which Fybe may perform from time to time to keep the Compute Services running smoothly (“Scheduled Downtime”). If Scheduled Downtime is necessary, Fybe will give you at least 48 hours advance notice. Emergency maintenance, which Fybe may have to perform from time to time due to, including, but not limited to, severe security issues is also to be understood as “Scheduled Downtime”. Fybe will give you as much notice as possible. Unavailability will be measured as the amount of time the Compute Services are unavailable due to any reason that is not covered by Scheduled Downtime, including, without limitation, unavailability due to networking issues or equipment malfunctions (“Unscheduled Downtime”). Unscheduled Downtime does not include unavailability of the Compute Services that is directly or indirectly related to or caused by any of the following:
Factors beyond Fybe’s reasonable control;
Use of any Compute Service which is in violation of the User Agreement, or applicable law;
Force majeure events, including, without limitation, acts of God, war, riot or insurrection, strikes, acts of government, weather, quarantine, fire, flood, earthquake, explosion, failure of utility or telecommunications, internet disruption, epidemic, pandemic or other unforeseen change in circumstances or any other cause beyond Fybe’s reasonable control;
Customer software, equipment or technology and any interaction therein with any Compute Service;
Third-party equipment, software or technology and any interaction with any Compute Service.
The actual availability for a given month (the “Monthly Uptime Percentage”) is computed as
For example, assume the Compute Services you purchased in a given Region total $10,000 in April. In April, scheduled maintenance is performed on the Compute Services resulting in Scheduled Downtime in the given Region totaling 35 minutes. In addition, an equipment malfunction caused the Compute Services in the given Region to be unavailable for 18 minutes. The Monthly Uptime Percentage in the month of April will be 99.96%:
Service credits are calculated as a percentage of the charges paid by you for the Compute Services that did not meet the Monthly Uptime Commitment in a billing cycle in accordance with the table below.
less than 99.99%
100% of lost time at the monthly rate incurred
Continuing with the above example, the Monthly Uptime Percentage is below the Service Commitment, therefore, you will be entitled to a Service credit of $4.00
The final computation of the Service credit will be rounded to the nearest cent.
Except for any Service credits which you may be entitled, Fybe is not liable for any damages incurred directly or indirectly arising out of or relating to a violation of the Service Commitment.
You can request a Service credit by contacting Support by sending an email to [email protected]. To be eligible, the request for a Service credit should be received by us by the end of the billing cycle when the issue occurred. The request must contain the following information:
the words “SLA Credit Request” in the subject line;
the dates, times, and affected Region(s) of the alleged Service Commitment violation;
the amount of the requested Service credit;
the unique device identifier and IP address for the Compute Service resource on which the alleged Service Commitment violation occurred; and
any request log that documents or corroborates the alleged Service Commitment violation for which you are requesting a Service credit.
Please redact any confidential, personal, or otherwise sensitive information in any Service credit request. Any request for Service credits shall be made from the Account associated with the Compute Service resource on which the alleged Service Commitment violation occurred. Once we validate and confirm your claim for a Service credit, your Account will be credited with the Service credits in the next possible billing cycle.