Service Level Agreement

Backup Direct™ Service Level Agreement (Business users)

This Service Level Agreement ("SLA") covers performance guarantees for our Business online backup service only, and is made between Backup Direct™ ("Backup Direct™", "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.backupdirect.net/library-service-level-agreement.htm. 

The following SLA Terms and Conditions apply only to Customers agreeing to a Minimum Service Period of one year or more for Backup Direct™ Business Services and only in respect of the provision of such services during such period and where Customer's accounts with Backup Direct™ are in good standing.  The Terms and Conditions apply only where a Client is not in material breech of the Terms and Conditions of the Software and Service License Agreement which can be found at:

http://www.backupdirect.net/library-license-agreement.htm.

Availability of this SLA may be subject to further conditions or qualifications set forth in additional related agreements between Backup Direct™ and the Customer including the Software and Service License Agreement.  All remedies set out herein shall not be cumulative, and shall be Customer's sole and exclusive remedy for non-performance under the relevant Agreement.

Data Centre Configuration
The Backup Direct™ Data Centre is architected 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.

File Restore Guarantee
All files backed up on the Backup Direct™ System will be available for a period of 30 days from the date of backup. In the event of a Client wishing to restore a file or a group of files previously backup on the Backup Direct™ System, Backup Direct™ guarantees that the file or files will be recoverable within four hours from the initial request.

Application/Database recovery Guarantee
Application and Database files backed up on the Backup Direct™ 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 involving the loss of entire servers and their contents, where such servers and files are legitimately backed up on the Backup Direct™ 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 files and data files are restored to any replacement hardware subject to the condition that such replacement material is correctly configured, specified and available.

Notification of non-performance
To be eligible for compensation under the any of the above Guarantees, the Client must notify Backup Direct™ 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 breech of the performance Guarantee.  In the event of a disaster, notification by telephone to the Support Team is acceptable, where the Support Team will validate 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 recurring fee per hour of downtime, up to 100% (one hundred percent) of the base monthly recurring fee.

File Restore Guarantee - if a file or set of files is not recoverable within 4 hours of the initial request, we will refund the client 5% (five percent) of the Client's base monthly recurring fee for each MB (Megabyte) of non-restorable data, up to 100% (one hundred percent) of the base monthly 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 recurring fee for each MB (Megabyte) 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 anyone month will not exceed 100% of the Client's base monthly recurring fee.

Refund Procedures and Exceptions
Clients must notify us via email to sla@backupdirect.net or via fax to 08701 417 438, 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 at 0800 0 789 437.

Scheduled Maintenance
Scheduled Maintenance means any maintenance at the Backup Direct™ 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 Thursdays from 03:00 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 reasonably control including: acts of war, acts of God, earthquake, flood, riot, embargo, 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 03/02/03.