SERVICE LEVEL AGREEMENT
This Service Level Agreement (SLA) covers performance guarantees for our Backup My Business Online Backup Service only, and is made between Backup My Business Ltd and “The Subscriber”.
Subscribers are responsible for checking this documentation from time to time as notification of updates will not be given.
Definitions
In this Service Level agreement the following words or expressions have the respective meanings as shown hereunder:
“Service” means the Backup My Business Ltd offsite backup service for the storage and recovery of computer files s as referred to herein.
“Software” means all software used by Backup My Business Ltd which is installed on your computer and through which Service is delivered; and includes all related components of the Software and any upgrades or amendments to the Software from time to time.
“Subscriber” means the person or entity who agrees, pursuant to the Terms and Conditions of Service, to access the Software and Service. The Subscriber is also referred to as “You” in this SLA.
“Scheduled Maintenance” means any maintenance carried out at the Backup My Business Ltd Data Centre, resulting in a period of service unavailability, that is planned in advance and for which notice is provided to the Subscriber 48 hours prior to the commencement of such maintenance.
The following guarantees and conditions of the SLA apply solely to subscribers who agree to a Minimum Service Period of 1 Year and only in respect of the provision of Service during such period, and where the Subscriber’s account with Backup My Business Ltd is in good standing. These guarantees and conditions apply only where the Subscriber is not in material breach of the Terms & Conditions of Service which can be found Here
Guarantees and Conditions
1. Backup My Business Data Centre
The Backup My Business Ltd Data Centre is a Class 1 Data Centre that has been designed to deliver the maximum system uptime, security and reliability.
2. System Availability Guarantee
We offer a near 99.9% system uptime guarantee. This means that for any given month, while unlikely, it is possible to experience an average downtime of up to 60 minutes per month, excluding scheduled maintenance.
3. File Restore Guarantee
All the Subscriber’s files located on Backup My Business Ltd servers are available to The Subscriber for unlimited downloads and restores. All files backed up on the Backup My Business Ltd System will be available for a period of 90 days from the date of the backup. In the event that you are unable to recover your backed up files, the Backup My Business Ltd Support team will recover your files within 6 hours of your initial request.
4. Application/Database recovery Guarantee
Applications and Database backed up on the Backup My Business Ltd System will be recoverable within 24 hours of the initial request.
5. Disaster Recovery Guarantee
In the event of a major data loss by you involving the loss of entire servers and their contents, where such files are legitimately backed up on the Backup My Business Ltd System, Backup My Business Ltd will make all reasonable efforts to provide expert guidance to you in order to restore the system to the original operational state. There will be an additional charge for any onsite work or hardware replacement required in this process. Backup My Business Ltd will provide such support as is necessary to work with you and your suppliers to ensure that system files and data files are restored to any replacement hardware subject to the condition that such replacement material is correctly configured, specified and available.
6. Notification of Non Performance
The Subscriber must notify Backup My Business Ltd of a non performance at the earliest convenience by emailing support@backupmybusiness.ie . Backup my Business Ltd, upon receipt of your incident report will properly investigate the incident and if appropriate will endeavour to remedy the fault as soon as is possible. Backup My Business Ltd will make reference to system log files to confirm the appropriate breach of SLA guarantee.
7. Compensation Payments
In the case of Non Performance under this Agreement, you will be compensated as follows:
a) System Availability Guarantee
If an outage exceeds 60 minutes, we will refund 5% (five percent) of your base monthly recurring fee per hour of downtime, up to a maximum of 100% (one hundred percent) of the base monthly recurring fee.
b) File Restore Guarantee
If a file or set of files is not recoverable within 6 hours of your initial request for recovery, we will refund you 5% (five percent) of your base monthly recurring fee for every MB (Megabyte) of non-restorable data, up to a maximum of 100% (One hundred percent) of the base monthly recurring fee.
c) Application/Database Recovery Guarantee
If the system database files or set of files are not recoverable within 24 hours of your initial request for recovery, we will refund you 5% (five percent) of your base monthly recurring fee for every MB (Megabyte) of non-restorable data, up to a maximum of 100% (One hundred percent) of the base monthly recurring fee.
In all cases, these compensation payments are non cumulative. In each and all cases the maximum payment in any one month will not exceed 100% of the Subscriber’s base monthly recurring fee.
8. Refund Procedures and Exceptions
Subscribers must notify Backup My Business Ltd by email to: support@backupmybusiness.ie indicating that they wish to pursue their rights as guaranteed by this SLA within 7 days of a non performance. If a response from Backup My Business Ltd is not received within 24 hours, the Subscriber should assume that a technical communications difficulty has prevented Backup My Business from receiving their notification, and should contact Backup My Business personnel immediately by telephone.
9. Force Majeure
Except in respect of payment liabilities, neither party to this agreement will be liable for failure or delay in performance of its obligations under this SLA due to reason beyond its reasonable control including: acts of war, acts of God, earthquake, flood, riot, embargo, government act or failure of the internet, provided that the parties give each other prompt notice of such cause.