Breeze Service Level Agreement – Managed Infrastructure.
Breeze provides an industry leading product, and is pleased to support it with this Service Level Agreement (“SLA”). This SLA is an addendum to and hereby incorporated into the Terms of Service. Terms not defined in this SLA have the definitions set out in our Terms of Service. The remedies set out in this SLA are Client’s sole and exclusive remedy for issues covered by the SLA. If there is a conflict between this SLA and the Terms, the Terms shall control.
We reserve the right to make changes to this SLA at any time at our sole discretion. If we make changes to this SLA, we will provide notice of such changes by revising the date at the top of this SLA. Your continued use of the Services following notification of changes will constitute your acceptance of such changes. Please periodically review this SLA and check for any updates.
- “Necessary Services” means the portions of the Services that must be operational in order for a Client Website hosted on our platform to be accessible over Hypertext Transfer Protocol (HTTP). The Necessary Services do not include any Third-Party Services, our control panel, our support system, our website, SSH / SFTP / phpMyAdmin access, or any other portion of the Services that is not strictly necessary in order for Client Websites to remain accessible.
- “Signup Date” means the date on which you subscribe to a hosting plan.
- “Monthly Renewal Date” means the same numerical date as the Signup Date in each month after the Signup Date. For example, if the Signup Date is September 6, then the next Monthly Renewal Date will be October 6.
- “Monthly Billing Period” means the time period from the Signup Date until the day before the first Monthly Renewal Date, and from the Monthly Renewal Date until the day before the next Monthly Renewal Date. For example, if the Signup Date is September 6, then the Monthly Billing Period is September 6 through October 5, and the next Monthly Billing Period is October 6 through November 5, etc.
- “Downtime” means any period of time in which the Necessary Services are unavailable to the Client.
- “Covered Downtime” means the total duration in minutes of Downtime occuring during a Monthly Billing Period.
- “Maintenance Period” means Monday through Sunday, 2 am to 5 am, local time, based on the time zone of the data center in which each Client Website is hosted.
- “Effective Plan” means the active hosting plan at the time Downtime occurs.
- “Monthly Plan Value” means:
- For Clients on a monthly billing cycle: the Fee paid for the Effective Plan
- For Clients on an annual billing cycle: the Fee paid for the Effective Plan divided by 12.
- The Monthly Plan Value excludes any other fee or amount, such as, but not limited to, paid add-ons, overages, and migration fees.
- “Uptime Guarantee” means the Necessary Services will be available at least 99.9% of the time during each Monthly Billing Period.
- “SLA Credit” means the credit as described in this SLA which is added to a Hosting Account and applied to subsequent invoices.
How SLA Credits Will Be Calculated
- In order to determine whether our Uptime Guarantee has been met, Covered Downtime shall be compared to the amount of time in a normal 30-day period (43,200 minutes). If Covered Downtime exceeds 43 minutes (0.1% of the amount of time in a normal 30-day period) it shall be determined that the Uptime Guarantee was not met.
- If we fail to meet the Uptime Guarantee, upon request you will receive SLA Credits equal to five percent (5%) of your Monthly Plan Value for each full hour (60 minutes) of Covered Downtime. Covered Downtime shall be calculated based on our monitoring. For example purposes only:
- If the Covered Downtime is 59 minutes, you will not receive any SLA Credit.
- If the Covered Downtime is a full hour (60 minutes), then you will receive SLA Credit equal to 5% of your Monthly Plan Value on your next invoice.
- If the Covered Downtime is 119 minutes, you will receive SLA Credit equal to 5% of your Monthly Plan Value on your next invoice.
- If the Covered Downtime is 2 full hours (120 minutes), then you will receive SLA Credit equal to 10% of your Monthly Plan Value on your next invoice.
- If you switch hosting plans during the Monthly Billing Period, your Monthly Plan Value shall be calculated based on the amount of time spent on each plan during the Monthly Billing Period. For example, in a Monthly Billing Period consisting of 30 days, if you spent 10 days on a plan costing $30 per month and 20 days on a plan costing $60 per month, the Monthly Plan Value would be $50 ( [$30 / 30 x 10] + [$60 / 30 x 20] ) and SLA credits would be issued based on the adjusted Monthly Plan Value of $50.
How You Will Receive SLA Credits
- In order to receive SLA Credits you must submit a request for SLA Credits using the chat system in MyBreeze no later than the end of Monthly Billing Period which follows the Monthly Billing Period in which we fail to meet our Uptime Guarantee.
- SLA Credits shall be added to your Hosting Account and applied to future invoices.
- SLA Credits will not exceed the Monthly Plan Value for the month in which we failed to meet our Uptime Guarantee and will not be paid in cash.
- If you terminate your Hosting Account or Agreement before the SLA Credit is applied, you will not receive the SLA Credit.
When You Will Not Receive SLA Credits
Downtime caused by any of the following circumstances, as determined at our sole discretion, shall not be included in the Covered Downtime and shall not be eligible for SLA Credit:
- Any maintenance performed during the Maintenance Period,
- Emergency maintenance performed at any time,
- Scheduled outages,
- Force majeure events, including but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disaster), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanction, blockage, embargo, and other governmental action), labour disputes (strike, lockout, or any similar dispute), failure of power sources, outages caused by external service providers, and any other event which we cannot reasonably anticipate, prevent, control, or avoid,
- Traffic reaching a Client Website that exceeds the capabilities of the Client Website, the Client’s hosting plan, or the Services,
- Client breach of the Terms of Service or any other policies, terms, or agreements applicable to Client,
- Client machine access problems,
- Client authored code,
- Changes to the Services by parties other than Breeze.