Bluekiri Enterpise Cloud Service Level Agreement

Last Updated August 15, 2017

This Bluekiri Enterprise Cloud Service Level Agreement (“SLA”) is a policy governing the use of Bluekiri Enterprise Cloud Instance ("Bluekiri ECI”) and Bluekiri Enterprise Cloud Storage ("Bluekiri ECS”) under the terms of the Bluekiri Services Customer Agreement (the "Bluekiri Agreement”) between 20COOLPILLOWS SL and its affiliates (“Bluekiri”, “us” or “we”) and users of Bluekiri’ services (“you”). This SLA applies separately to each account using Bluekiri Enterprise Cloud. Unless otherwise provided herein, this SLA is subject to the terms of the Bluekiri Agreement and capitalized terms will have the meaning specified in the Bluekiri Agreement. We reserve the right to change the terms of this SLA in accordance with the Bluekiri Agreement.

Service Commitment

Bluekiri will use commercially reasonable efforts to make Bluekiri EC available with a Monthly Uptime Percentage (defined below) of at least 99.999%, in each case during any monthly billing cycle (the “Service Commitment”). In the event Bluekiri EC does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Bluekiri ECI or Bluekiri ECS, as applicable, was in the state of “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Bluekiri EC SLA Exclusion (defined below).
  • A “Service Credit” is a Euro credit, calculated as set forth below, that we may credit back to an eligible account.
  • “Region Unavailable” and “Region Unavailability” mean that more than one Zone (Data Center) in which you are running an instance, within the same Region, is “Unavailable” to you.
  • “Unavailable” and “Unavailability” mean:
    • For Bluekiri EC Instance, when all of your running instances have no external connectivity.
    • For Bluekiri EC Storage, when all of your attached volumes perform zero read write IO, with pending IO in the queue.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Bluekiri EC Instance or Bluekiri EC Storage (whichever was Unavailable, or both if both were Unavailable) in the Region affected for the monthly billing cycle in which the Region Unavailability occurred in accordance with the schedule below.

Bluekiri Enterprise Cloud Instance
Monthly Uptime Percentage
Service Credit Percentage
Less than 99.999% but equal to or greater than 99.5% 20%
Less than 99.5% 40%
Bluekiri Enterprise Cloud Storage: Locally redundant storage (LRS)
Monthly Uptime Percentage
Service Credit Percentage
Less than 99.99% but equal to or greater than 99.5% 20%
Less than 99.5% 40%
Bluekiri Enterprise Cloud Storage: Zone-redundant storage (ZRS)
Monthly Uptime Percentage
Service Credit Percentage
Less than 99.999% but equal to or greater than 99.5% 20%
Less than 99.5% 40%

We will apply any Service Credits only against future Bluekiri ECI or Bluekiri ECS payments otherwise due from you. At our discretion, we may issue the Service Credit to the bank account you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Bluekiri. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Bluekiri Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Bluekiri ECI or Bluekiri ECS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the Bluekiri Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  1. the words “SLA Credit Request” in the subject line;
  2. the dates and times of each Unavailability incident that you are claiming;
  3. the affected EC Instance IDs or the affected EC Storage volume IDs; and
  4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Bluekiri EC SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Bluekiri ECI or Bluekiri ECS, or any other Bluekiri ECI or Bluekiri ECS performance issues: (i) that result from a suspension described in Section X of the Bluekiri Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Bluekiri ECI or Bluekiri ECS; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the Bluekiri Agreement; or (vii) arising from our suspension and termination of your right to use Bluekiri ECI or Bluekiri ECS in accordance with the Bluekiri Agreement (collectively, the “Bluekiri EC SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.