BluPointe Cloud Services SLA 99.99%

99.99% Uptime Guarantee for Cloud Services

BluPointe guarantees that our cloud services will function properly 99.99% of the time, as follows:

  • BluPointe Backup Cloud Backup Service (Data Center Operations)
    • The BluPointe Backup cloud service is guaranteed to function 99.99% of the time such that the BluPointe Backup client software (Backup Manager) is able to successfully communicate with the BluPointe cloud allowing users to backup and restore data to and from the BluPointe cloud.
  • BluPointe Continuity Cloud:
    • Any provisioned BluPointe Continuity Cloud compute, storage, hypervisor, network, and Internet connectivity functions required to virtualize your servers and applications are guaranteed to function 99.99% of the time. We guarantee proper functioning of only the underlying cloud infrastructure services BluPointe Provides.

Credits

If we fail to meet any of the above guarantees, you will be eligible for a credit, as follows:

  • BluPointe Backup Cloud Backup Service (Data Center Operations)
    • One day’s portion of the associated monthly service fees for each hour of service failure (1/12th of one day’s portion for every 5 minutes of service failure), in proportion to the scope of the affected services vs. total provisioned services, up to 100% of one month’s fees in any given calendar month.
  • BluPointe Continuity Cloud:
    • One day’s portion of the associated weekly fees for the affected provisioned Continuity Cloud nodes for each hour of failure of these nodes (1/12th of one day’s portion for every 5 minutes of service failure), in proportion to the scope of the affected services vs. total provisioned services, up to 100% of one week’s fees in any given calendar week.

Additionally, in order to be eligible for a credit, you must submit a support ticket within 7 days of the service failure for which you are requesting the credit and provide the details of when and how services were adversely affected. BluPointe will determine if your request meets all eligibility criteria within 30 days.

Measurement

BluPointe uses a variety of external and internal monitoring devices for the purpose of maintaining and measuring service availability and functionality. Multiple devices are used to confirm service failures as opposed to the failure of the monitoring device itself. The determination of any credits will based on the measurements gathered by the BluPointe monitoring system. BluPointe reserves the right to periodically change the measurement points and methodologies it uses without notice.

Limitations

Total credits under this SLA in any calendar month are limited to the specific fees paid for the affected service(s) for the month in which the service does not meet the guarantees set forth above. The credits provided by the terms of this SLA are your sole and exclusive remedy for any software or service failures.

Service failures must last at least five minutes, as measured by BluPointe, before you are eligible for any credits. You will not be eligible for any credits if you are not current on your payments, or are otherwise in breach of any services agreement. You will not be eligible for credits for service failures caused by any of the following:

  1. Scheduled or emergency maintenance or upgrades announced at least 1 hour in advance, provided that such maintenance does not contiguously last more than 1 business day.
  2. Failure of third party software, including any software licensed by BluPointe, such as StorageCraft ShadowProtect, Dell AppAssure, etc.
  3. The software initialization, maintenance, or reboot sequences of any third party software that causes services to be unavailable.
  4. Failure of any software you provide to BluPointe, including but not limited to operating systems, applications, and software licenses for the purposes using BluPointe Continuity Cloud servers.
  5. Failure of third party network circuits (local loops) or Internet connections, unless such failure is caused solely by BluPointe or our contracted networking providers.
  6. Failures caused by infrastructure outside of the control of BluPointe (including failure of any equipment not owned by BluPointe), or failures of software running on infrastructure outside of the control of BluPointe (including failure of any equipment not owned by BluPointe). For example, backup failures due to the failure of the operating system of a user’s computer that is being backed up.
  7. Hardware failures caused by BluPointe‘s hardware appliances not physically located within BluPointe‘s data centers, such as BluPointe BDR’s, Local Storage Devices etc.
  8. DNS issues outside the direct control of BluPointe.
  9. Failures caused by the misconfiguration or incorrect settings of any product or software that connects to or communicates with BluPointe‘s cloud services.
  10. Partner or End-user not knowing their password, passphrase, or encryption key, or not being able to recover their pass phrase or encryption key for any reason.
  11. False or incorrect outages resulting from errors made by any measurement system.
  12. Acts or omissions of those not under the direct control of BluPointe, including without limitation, any negligence, willful misconduct, or misuse of applicable contractual agreements.
  13. Circumstances beyond BluPointe‘s reasonable control. Such circumstances include, by example but not limitation, force majeure events, war, terrorist activities, acts of governmental bodies, acts of God, sabotage, attacks by hackers, fire, flood, or strike or other labor disturbance.

Nevertheless, BluPointe will make commercially reasonable efforts to ensure that the services are not interrupted by any of the foregoing reasons.

BluPointe reserves the right to update this SLA at any time without notice by posting an updated version to this web page. The SLA that was current at the time of any failure incident will govern. This SLA was last updated October 3, 2014.