100% Service level agreement

100 % Service level agreement The service level agreement is one of the most important contracts in IT services. It specifies the baseline quality that the provider guarantees to deliver. We have thoroughly tested our infrastructure and services prior to making the decision to offer the highest possible uptime guarantee – 100%. Below is the official document that specifies what this means for you as the client and for us as the provider.

Definition

This BitSwarm Service Level Agreement is a policy governing the use of the BitSwarm cloud under the Terms and conditions of the BitSwarm cloud usage and is agreed between ITARS LLC (owner of the BitSwarm trademark, its infrastructure and all related services – the “service provider”) and the client (“you”). This SLA applies separately to each account using BitSwarm cloud. Unless otherwise provided herein, this SLA is subject to the terms of the BitSwarm cloud specified by this web page. We reserve the right to change the terms of this SLA in accordance with the BitSwarm Terms and conditions.

Service commitment

BitSwarm will use commercially reasonable efforts to make BitSwarm services available with an annual uptime precentage of 100% during the service year. In the event BitSwarm cloud does not meet the annual uptime percentage commitment, you will be eligible to receive service compensation.

Terms specification

  • 5-minute interval of downtime is defined as at least 5 minutes of BitSwarm cloud unavailability. 6 minutes of consecutive downtime would so constitute one 5-minute interval, 14 minutes two and so on.
  • Service year is defined as the preceding 105120 5-minute intervals (12 each hour, with an average month of 730 hours and with a year of 12 months is equal to 12*730*12=105120, which accounts roughly to 365 days) from the date of the SLA claim.
  • Annual uptime percentage (AUP) is calculated by summarizing all the 5 minute intervals of BitSwarm cloud unavailability and then dividing it by all the total amount of 5-minute intervals in the service year. Subtracting the result from 1 and then multiplying it by 100 would yield the annual uptime percentage. Example: If there were 4 5-minute intervals of downtime in the last service year the calculation would be: (1-(4/105120))*100 = 99.996194825% AUP. AUP measurements exclude any unavailability due to direct or indirect conditions of BitSwarm SLA exclusions.
  • Unavailability is the inability of the client to access a cloud machine from the Internet. Unavailability is always defined per cloud machine so the AUP is always calculated per cloud machine.
  • Service compensation is the client's account balance increase resulting from BitSwarm's SLA violation – not withholding the agreed service level. The base amount from which the service compensation is calculated is the amount of money the client was charged for the unavailable cloud machine since the last SLA claim. The minimum amount of a service compensation is 1€ – smaller amounts will not be accounted for.
  • SLA claim is the moment the client is granted a SLA claim. A SLA claim can be requested by email or regular post and is granted by BitSwarm in due time.

Service compensation in detail

  • If the AUP is below 100% the client is granted a service compensation of 1% of the amount billed for the unavailable cloud machine in the last service year or in the period from the last SLA claim. For example: if a cloud machine would be unavailable for 4 5-minute intervals in the last service year, no SLA claim would be made in the last service year and the amount of IUs assigned (memory is the main factor to determine this) would be 20, then the client's account balance increase would be 17,52 €.
  • If the AUP is below 99.95% the client is granted a service compensation of 10% of the amount billed for the unavailable cloud machine in the last service year in the period from the last SLA claim.
  • If the AUP is below 99% the client is granted a service compensation of 30% of the amount billed for the unavailable cloud machine in the last service year in the period from the last SLA claim.
  • If the AUP is below 95% the client is granted a service compensation of 50% of the amount billed for the unavailable cloud machine in the last service year in the period from the last SLA claim.
  • If the AUP is below 90% the client is granted a service compensation of 100% of the amount billed for the unavailable cloud machine in the last service year in the period from the last SLA claim.

Making SLA claims

SLA claims can be made in two ways:

  • electronically via the SLA claim form.
  • by regular registered mail to our business address.

A SLA claim may the be either granted or declined based on the BitSwarm SLA exclusions. When an SLA claim is granted the client's account balance is automatically increased.

BitSwarm SLA exclusions

The service commitment does not apply to any unavailability, suspension or termination of BitSwarm cloud machines and/or other services that is a direct or indirect result of:

  • non abidance to the BitSwarm Terms and conditions
  • factors not in control of BitSwarm including Internet access issues outside of BitSwarm's demarcation point and any force majeure consequeces
  • action or inaction of the client or any third party
  • misconfiguration and/or malfunctioning of the client's equipment, software or other technologies present in the BitSwarm cloud or outside of it
  • failures of individual cloud machines with the concurent availability of the BitSwarm cloud.

Additionally only one SLA claim per month will be considered and the 5-minute intervals that were already used to make a SLA claim which was in turn granted will not be considered again in another SLA claim.

If availability is impacted by factors other than those explicitly listed in this agreement, we may issue a Service compensation considering such factors in our sole discretion.


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