1. Introduction to availability SLA

1.1 This Schedule 2 sets out File Sanctuary’s availability commitments relating to the Hosting Platform and Cloud Platform.

1.2 In this Schedule 2, “uptime” means the percentage of time during a given period when the Hosting Platform and Cloud Platform are available at the gateway between public internet and the network of File Sanctuary.

1.3 This availability SLA applies to the Hosting Platform and Cloud Platform only.

2. Availability

2.1 File Sanctuary shall use reasonable endeavours to ensure that the uptime for the Hosting Platform and Cloud Platform is at least 99.9% during each calendar month.

2.2 File Sanctuary shall be solely responsible for measuring uptime, and shall do so using any reasonable methodology.

2.3 File Sanctuary shall report annual uptime measurements to the Customer in its “State of the Sanctuary” blog posts, and upon request by the Customer.

3. Service credits

3.1 In respect of each calendar month during which the Hosting Platform uptime is less than the commitment specified in Paragraph 2.1, the Customer shall be eligible to earn service credits in accordance with the provisions of this Paragraph 3.

3.2 The service credits earned by the Customer shall be as follows:

(a) 99% to 99.8% will result in a credit of 5%

(b) 98% to 98.9% will result in a credit of 10%

(c) 95% to 97.9% will result in a credit of 25%

(d) 90% to 94.9% will result in a credit of 50%

(e) 89% or below will result in a credit of 100%

3.3 The customer must request a credit by creating a support ticket at https://www.filesanctuary.net/help or by emailing yourfriends@filesanctuary.net. The support ticket must include the dates and times of the downtime and the name and IP address of the server or servers which experienced the downtime. The request must be received by File Sanctuary within ten business days after the incident of downtime. If the unavailability is confirmed by File Sanctuary, a credit will be applied to the customer’s account within thirty days of receipt of the customer’s credit request.

3.4 The total amount credited to the customer in a particular month under this agreement shall not exceed the total amount of fees paid by the customer for such month for the affected services. Credits are exclusive of any applicable taxes charged to the customer or collected by File Sanctuary.

3.5 Services credits will reflect percentages of the monthly fees paid for the Hosting Services and Cloud Servers, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labour charges, and other services which are unrelated to uptime.

3.6 File Sanctuary shall deduct an amount equal to the service credits due to the Customer under this Paragraph 3 from amounts invoiced in respect of the Charges for the Hosting Services and Cloud Servers. All remaining service credits shall be deducted from each invoice issued following the reporting of the relevant failure to meet the uptime commitment, until such time as the service credits are exhausted.

3.7 Service credits shall be the sole remedy of the Customer in relation to any failure by File Sanctuary to meet the uptime guarantee in Paragraph 2.1.

3.8 Upon the termination of the Contract, the Customer’s entitlement to service credits shall immediately cease, save that service credits earned by the Customer shall be offset against any amounts invoiced by File Sanctuary in respect of Hosting Services and Cloud Servers following such termination.

4. Exceptions

4.1 Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether File Sanctuary has met the uptime guarantee given in Paragraph 2.1:

(a) a Force Majeure Event;

(b) a fault or failure of the internet or any public telecommunications network;

(c) a fault or failure of the Customer’s computer systems or networks;

(d) any breach by the Customer of the Contract;

(e) scheduled maintenance carried out in accordance with the Contract;

(f) emergency maintenance;

(g) system upgrades;

(h) any negligence, wilful misconduct, or use of the services in breach of the File Sanctuary Acceptable Use Policy; or

(i) problems with users’ web browsers, DNS, or other caching that might make it appear the services are unavailable even though others can still access the File Sanctuary servers.