SLA -Service Level Agreement

This SLA amends the Agreement between Blue Elephant and Customer and addresses the up-time guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion.

SERVICE AVAILABILITY

Blue Elephant guarantees annual uptime availability of 99.9% during yearly contract period, excluding any Excused Downtime.

This equates to yearly downtime: 52m:36s.

Example: of how we calculate up-time

Let’s say we monitored a website during the year of your yearly subscription (which translates to 525,600 minutes), and in that time-frame the website went down for 60 minutes. To define the up-time and downtime percentages, we perform the following calculation:

Total number of seconds your website was down: 60 minutes.

Total number of minutes your website was monitored: 525,600 minutes.

( time in a given period – downtime ) / time in a given period

So if you experienced 60 minutes of downtime during the year, the equation would be.

( 525,600 minutes – 60 minutes ) / 525,600 minutes = 99.988% uptime

EXCUSED DOWNTIME

“Excused Downtime” means the length of time the Services are unavailable due to:

  1. Scheduled Maintenance;
  2. Emergency Maintenance;
  3. Beta Testing Services;
  4. Force Majeure events; caused by natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.
  5. the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Blue Elephant’s recommendations or advertised limits.

“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.

“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

SLA CREDITS

If Blue Elephant fail to meet guaranteed 99.99% uptime, you are entitled to a credit note of 10% off annual hosting subscription fee, the credit note may not be carried over or aggregated, must be used within next annual hosting subscription billing date as a discount voucher during anniversary renewal date, or you can request to be paid as a refund.

Uptime monitoring will be calculated and provided by 3rd party vendor UpTime Robot.

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