Service Level Agreement
This Service Level Agreement ("SLA") covers performance guarantees for our online software service only, and is made between Audit Cube™ ("Audit Cube™", "Provider", "we", "us", "our") and you ("Client", Customer, "you").
Clients are responsible for checking this document from time to time, as notifications of updates will not be made. This document will be located online at:
http://www.auditcube.co.uk/service_level_agreement.html
The following SLA Terms and Conditions apply only to Customers agreeing to a Minimum Service Period of one year or more for Audit Cube™ and only in respect of the provision of such services during such period and where the Customer's accounts with Audit Cube™ are in good standing. The Terms and Conditions apply only where a Client is not in material breach of the Terms and Conditions of the Software and Service Licence Agreement which can be found at:
http://www.auditcube.co.uk/service_licence_agreement.html
Availability of this SLA may be subject to further conditions or qualifications set forth in additional related agreements between Audit Cube™ and the Customer including the Software and Service Licence Agreement. All remedies set out herein shall not be cumulative, and shall be the Customer's sole and exclusive remedy for non-performance under the relevant Agreement.
Data Centre Configuration
The Audit Cube™ Data Centre is designed to deliver the maximum system
uptime, security and reliability.
System Availability Guarantee
We offer a 99.9% uptime guarantee. This means that for any given
month, while unlikely, it is possible that we may experience an average
downtime of up to 43.2 minutes per month excluding Scheduled Maintenance.
Application/Database recovery Guarantee
Application and Database files backed up on the Audit Cube™ System will
be recoverable within 24 hours from the initial request.
Disaster Recovery Guarantee
In the event of a major data loss by the client where such data is
legitimately backed up on the Audit Cube™ System, we will make all
reasonable efforts to provide expert guidance to the client in order to
restore the system to its original operational state. We will provide
such support as is necessary to work with the clients or its suppliers in
order to ensure that system data is restored subject to the condition that
such replacement material is correctly configured, specified and available.
Notification of non-performance
To be eligible for compensation under any of the above Guarantees, the
Client must notify Audit Cube™ of a possible incident. Upon opening a
support ticket, we will ascertain whether the problem exists within our realm
of reasonable control. We will make reference to system log files to
confirm the appropriate breach of the performance Guarantee. In the
event of a disaster, notification by telephone to the Support Team is
acceptable, where the Support Team will assess the nature of the disaster.
Compensation Payments
In case of non-performance under this Agreement, the client will be
compensated as follows:
System Availability Guarantee - if an outage exceeds 43.2 minutes, we will refund 5% (five percent) of the Client's base monthly or annual recurring fee per hour of downtime, up to 100% (one hundred percent) of the base monthly or annual recurring fee.
Application/Database Recovery Guarantee - if system and or database files or set of files are not recoverable within 24 hours of the initial request, we will refund the client 5% (five percent) of the Client's base monthly or annual recurring fee for each Property of non-restorable data, up to 100% (one hundred percent) of the base monthly recurring fee.
In all cases these Compensation Payments are non-cumulative and the highest amount for each category will be paid. In all cases the maximum payment in any one month will not exceed 100% of the Client's base monthly recurring fee.
Refund Procedures and Exceptions
Clients must notify us via email to
(support@auditcube.co.uk),
indicating that they wish to pursue their rights as guaranteed by this SLA
within 7 days of the incident. If a response from us is not received within 24
hours, the Client should assume that a technical difficulty has prevented us
from receiving their request, and should contact our personnel via telephone
on the telephone number supplied in your welcome letter.
Scheduled Maintenance
Scheduled Maintenance means any maintenance at the Audit Cube™ Data
Centres, where the Customer is notified 48 hours in advance by telephone,
email, fax and that is performed during a standard maintenance window Mondays
through to Fridays from 01:00 hours to 07:00 hours GMT
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 reasons beyond its reasonable control including: acts of war,
acts of God, earthquake, flood, riot, embargo, terrorism, government act or failure of
the Internet, provided that the delayed party gives the other party prompt
notice for such cause.
This document was last modified on 27th April 2008.