liftDEMAND provides the following as our Service Level Agreement:
We guaranty that our data center network will be available 99.5% of the time in any given monthly billing period, excluding scheduled maintenance.
Data Center Infrastructure
We guaranty that data center HVAC and power will be functioning 99.5% of the time in any given monthly billing period, excluding scheduled maintenance. Infrastructure downtime exists when downtime occurs as a result of power or heat problems.
Cloud Server Service Providers
We operate our services within a redundant, clustered cloud environment and guaranty the functioning of all cloud server hosts including compute, storage, and hypervisor. If a cloud server host fails, we guaranty that restoration or repair will be complete within one hour of problem identification.
If a cloud server migration is required because of cloud server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect the cloud server data. Either way, we guaranty that the migration will be complete within three hours of the time that we begin the migration.
If we fail to meet a guaranty stated above, you may be eligible for a credit depending on the liftDEMAND service in use. If applicable, credits will be calculated as a percentage of the fees for the services adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
- Network: One percent (1%) of the fees for each 60 minutes of network downtime, up to 100% of the fees;
- Data Center Infrastructure: One percent (1%) of fees for each 60 minutes of infrastructure downtime, up to 100% of the fees;
- Cloud: One percent (1%) of the fees for each additional hour of downtime, up to 100% of the fees;
- Migration: One percent (1%) of the fees for each additional hour of downtime, up to 100% of the fees.
Definitions: For purposes of this Service Level Guaranty:
- “liftDEMAND services in use” means the various levels of subscription services we offer.
- “cloud server” means any unique virtual machine instance employed by liftDEMAND;
- “cloud server fees” means the fees for the cloud server resources you consume for the monthly billing period in which the failure occurred and includes any monthly cloud instance and bandwidth charges;
- “cloud server host” means the physical server which hosts our cloud environment;
- “data center network” means the portion of the network extending from the network egress point of our cloud server hosts to the outbound port of the data center border router;
- “power” includes UPSs, PDUs and cabling, but does not include the power supplies in cloud server hosts;
- “scheduled maintenance” means maintenance that is announced at least ten business days in advance, and that does not exceed sixty minutes in any calendar month.
You are not entitled to a credit if you are in breach of your services agreement with liftDEMAND (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with liftDEMAND or your misuse of liftDEMAND’s systems.
To receive a credit, you must contact your liftDEMAND account team within thirty (30) days following the end of the downtime. You must provide evidence showing that your use of the liftDEMAND’s server environment was adversely affected in some way as a result of the downtime to be eligible for the credit.
This Service Level Guaranty is your sole and exclusive remedy for liftDEMAND’s unavailability.
Notwithstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.