Cloud Services Guarantee

LparBox.com provides guarantee for Cloud Services, available on LparBox.com sites and more specifically:

Network:
We guarantee that our data centre network will be available 100% of the time in any given period of purchase, excluding scheduled maintenance.

Data Centre Infrastructure:
We guarantee that data centre HVAC and power will be functioning 100% of the time in any given period of purchase, excluding scheduled maintenance. Infrastructure downtime exists when Cloud Services downtime occurs as a result of power or heat problems.

Cloud Server Hosts:
We guarantee the functioning of all cloud server hosts including compute, storage, and hypervisor. If a cloud server host fails, we guarantee that restoration or repair will be complete within two hours of problem identification.

Migration:
If a cloud server migration is required because of cloud server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your cloud server data. Either way, we guarantee that the migration will be complete within six hours of the time that we begin the migration. 

Granting Access to the Cloud Server:
We guarantee that you will be granted access to your pre-selected configuration of Cloud Server and we will send you a notification by e-mail not later than 24 hours after your order is confirmed and your payment is received in full amount.


Credits
If we fail to meet a guarantee stated above, you will be eligible for a credit. Credits will be calculated either as consecutive calendar days that will be added at the end of the period of purchase and will extend the Service duration without any additional charge to you, or as a percentage of the fees on a monthly basis for the cloud servers adversely affected by the failure for the current period of purchase during which the failure occurred, as follows:

Network: Two (2) calendar days or Five percent (5%) of the fees on a monthly basis for each 60 minutes of network downtime, up to 15 calendar days or 50% of the paid monthly fees for the affected cloud server;

Data Centre Infrastructure: Two (2) calendar days or Five percent (5%) of fees on a monthly basis for each 60 minutes of infrastructure downtime, up to 15 calendar days or 50% of the paid monthly fees for the affected cloud server;

Cloud Server Hosts: Two (2) calendar days or Five percent (5%) of the fees on a monthly basis for each additional hour of downtime, up to 15 calendar days or 50% of the paid monthly fees for the affected cloud server;

Migration: Two (2) calendar days or Five percent (5%) of the fees on a monthly basis for each additional hour of downtime, up to 15 calendar days or 50% of the paid monthly fees for the affected cloud server;

Granting Access to the Cloud Server: Five (5) calendar days or Ten percent (10%) of the fees on a monthly basis for each additional 24 hours of Service unavailability, up to 100% of the purchased Service duration or paid fees.

In the rare case when you will be eligible to any of these credits, you may select one of the following scenarios:

(a)    using your credit as consecutive calendar days to extend the duration of the affected Service, up to 15 calendar days;

(b)   using your credit as a percentage of your Service fee on a monthly basis, 50% of the paid monthly fees for the affected cloud server, and purchasing other paid Services discounted up to the sum of the credit;

(c)    using your credit as a percentage of your Service fee on a monthly basis, 50% of the paid monthly fees for the affected cloud server, and claiming a refund to your PayPal account up to 100% of the credited sum.

Limitations.

You are not entitled to a credit if you are in breach of your services agreement with LparBox.com (including your payment obligations to us) until you have remedied the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with LparBox.com, including but not limited to the General Terms of Service, or your misuse of the Cloud Server’s system.

To receive a credit, you must contact LparBox.com’s account team within thirty (30) days following the end of the downtime. You must show that your use of the Cloud Servers services was adversely affected in some way as a result of the downtime in order to be eligible for the credit.

This Service Level Guarantee is your sole and exclusive remedy for Cloud Servers unavailability.

Notwithstanding anything in this Service Level Guarantee to the contrary, the maximum total credit for the monthly period, including all guarantees, shall not exceed 50% of the paid monthly fees for the affected cloud server.

This Service Level Guarantee is part of your Agreement with LparBox.com, along with the General Terms of Service and the Acceptable Use Policy, and is subject to the terms and conditions stated in those documents.

 

Definitions: For the purposes of this Service Level Guarantee:

“cloud server” means your unique virtual machine instance;

“cloud server fees” means the fees for the cloud servers for your prepaid period of purchase in which the failure occurred and includes all fees, charges and taxes prepaid for Cloud Services;

“cloud server host” means the physical server which hosts your cloud server;

“data centre network” means the portion of LparBox.com’s cloud network extending from the network egress point of your cloud server host to the outbound port of the data center border router;

“power” includes UPSs, PDUs and cabling, but does not include the power supplies in cloud server hosts;

“scheduled maintenance” means maintenance that is announced at least ten business days in advance, and that does not exceed four hours in any calendar month.

LparBox.com Team

September 2012