SLA

The Service Level Agreement (“SLA”) is incorporated into the MSA and applicable to all services delivered directly to Customers of Bluby. The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with Bluby. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.

SLA Credit Claim: To properly claim an SLA credit due, the Customer’s master administrative user must open an SLA ticket located inside the Customer portal at https://bluby.com within seven (“7”) days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs, if applicable. The SLA claim will be researched by the appropriate Bluby department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other Bluby customers. Please allow up to fourteen (“14”) days for the process of SLA claims. Customer acknowledges that the maximum amount of SLA credit that may be used for any particular month cannot exceed fifty percent of the total monthly service fee amount for such month.

SLA Claim Fault: Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears two (“2”) or more times in the previous twelve (“12”) months do not qualify for SLA claims. Valid SLA claims will not be credited to the Customer’s accounts until all abuse issues are resolved. Any Customer making false or repetitive claims will incur a one-time charge of fifty dollars (“$50”) per incident for such claims. False or repetitive claims are also a violation of the TOS and may be subject to service suspension. Customers participating in malicious or aggressive internet activities, thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be deemed in violation of the AUP.

Public Network: Bluby guarantees one hundred percent (“100%”) uptime on all Public Network services to Customers located in our data centers. Except for service downtimes resulting from Customer’s fault and scheduled maintenance, and provided Customer follows the proper procedures for service credit claims as set forth in this SLA, for each continuous, uninterrupted forty-five (“45”) minute interval of Public Network service downtime that Customer experiences during an applicable month, Bluby agrees to grant to Customer a SLA credit equal to five percent (“5%”) of the Customer’s monthly service fees for that month. Public Network service downtimes of less than forty-five (“45”) continuous, uninterrupted minutes do not qualify for this service credit, and the Customer cannot combine or augment Public Network or other service-related downtimes to satisfy such downtime requirement. All Public Network services include redundant carrier grade internet backbone connections.

Redundant Infrastructure: Bluby guarantees one hundred percent (“100%”) uptime on the power and HVAC services to Customers located in our data centers. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Except for service downtimes resulting from Customer’s fault and scheduled maintenance, and provided Customer follows the proper procedures for service credit claims as set forth in this SLA, for each continuous, uninterrupted forty-five (“45”) minute interval of power and HVAC service downtime that Customer experiences during an applicable month, Bluby agrees to grant to Customer a SLA credit equal to five percent (“5%”) of the Customer’s monthly service fees for that month. Power and HVAC service downtimes of less than forty-five (“45”) continuous, uninterrupted minutes do not qualify for this service credit, and the Customer cannot combine or augment power and HVAC or other service-related downtimes to satisfy such downtime requirement.

Virtual Private Servers: For the purposes of this section the term “node” shall mean the physical host server which is virtualized, not the individual Virtual Private Server. Bluby guarantees one hundred percent (“100%”) uptime on the physical host node of Virtual Private Servers. Except for service downtimes resulting from Customer’s fault and scheduled maintenance, and provided Customer follows the proper procedures for service credit claims as set forth in this SLA, for each continuous, uninterrupted forty-five (“45”) minute interval of downtime on the node that Customer experiences during an applicable month, Bluby agrees to grant to Customer a SLA credit equal to five percent (“5%”) of the Customer’s monthly service fees for that month. Node outages of less than forty-five (“45”) continuous, uninterrupted minutes do not qualify for this service credit, and the Customer cannot combine or augment other service-related downtimes to satisfy such downtime requirement.

Cloud Delivery Network (“CDN”): The Bluby “CDN” does not qualify for protection under the “SLA.”

Hardware: Bluby guarantees the replacement of failed hardware and hardware components located within our data centers. Bluby guarantees a failed hardware component will be replaced within four (“4”) hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information are listed in Table A below. Colocation services do not qualify for SLA services on customer owned hardware.

Hardware Upgrades: Bluby guarantees hardware upgrades will commence and complete within four (“4”) hours of scheduled hardware upgrade maintenance windows. Hardware upgrades must be scheduled and confirmed in advance through the online ticketing system. Failure to install the hardware within the four (“4”) hour time will result in a waiver of any one-time installation fees. Extended hardware installation times from initial upgrade commencement shall result in SLA credits for the recurring fee associated with the hardware upgrade. These time and SLA credits are listed in Table A below.

TABLE A

Hardware Upgrades and Replacement SLA Table

Replacement Guarantee SLA Credit
4 Hours or Less Guaranteed
4.1 to 8 Hours 10%
8.1 to 12 Hours 25%
12.1 to 16 Hours 50%
16.1 to 24 Hours 75%