This SLA applies to all Services provided by Qbox and is incorporated into the Terms. The SLA is binding only on the Customer and Qbox. It does not apply to third parties.
To request a credit, Customers must follow the claim process set out below. Qbox will review the claim and will issue credits (“SLA Credits”) for Verified Outages, all as provided below.
If Qbox fails to satisfy the requirements set out in this SLA, the issuance of SLA Credits is the sole and exclusive remedy of the Customer. Qbox will not have any other obligation.
Qbox attempts to provide a service level of 100% for the Services.
Qbox will issue an SLA Credit for each continuous 30 minute period of Qualifying Outage Minutes for any Service in any Measurement Period. Each SLA Credit will equal 5% of the fees owed by the Customer for the relevant Service that suffered the Loss of Service during the Measurement Period. Qbox will not issue an SLA Credit for any period of Qualifying Outage Minutes that is less than 30 continuous minutes. The Customer cannot combine Claimed Outages for different Services to meet this calculation.
SLA Claim Process
In order to be eligible to receive SLA Credits, the Customer must follow the following claim process:
- The administrative user for the Customer must submit a report of a Claimed Outage to Qbox within five (5) business days of the end of the Claimed Outage. The claim must be submitted by email to email@example.com and include the type of Service, IP Address, dates and times, error messages received (if any), contact information, and full description of the interruption of Service including logs, if applicable. Claims submitted after five (5) business days of the end of the Claimed Outage will not be eligible for an SLA Credit.
- Qbox will review Claimed Outages against Verified Outages within five (5) business days of receipt of the claim.
- Qbox will confirm the issue of SLA Credits to Customer and the SLA Credits will be applied to the Customer’s future invoice(s), subject to Qbox’s standard policies.
Qbox’s determination of SLA Credits is final. SLA Credits may not be used to reduce the payments due in a Measurement Period below zero. The Customer agrees to pay all invoices in full while Qbox reviews a Claimed Outage or determines an SLA Credit.
Customers may not make false or duplicative claims for Claimed Outages. Qbox reserves the right to impose charges of $50 per incident to the Customer for any such claims. False or duplicative claims are also a violation of this SLA and may result in a suspension of Services subject to Qbox’s sole discretion.
Use of SLA Credits
Customers may use SLA Credits only for future payments due for the particular Service for which the SLA Credits are issued. SLA Credits may not be sold or transferred to other parties. In addition, if any dispute exists between Qbox and the Customer, SLA Credits may not be used until all such disputes are resolved to Qbox’s satisfaction. SLA Credits will immediately expire and terminate if the Customer ends the continuous use of Services for any reason; SLA Credits will not be renewed if the Customer chooses to subsequently restart the use of Services.
Exclusions to SLA Claims
Customers not current on payments for Services are ineligible for SLA Credits. Customers who have not paid their fees when due three (3) or more times in the previous twelve (12) calendar months are ineligible for SLA Credits.
In addition, SLA Credits will not be issued for periods during which the Services are not available for the following reasons:
- Qbox or its third party service providers performing system upgrades, enhancements, and routine maintenance activities that are announced to Customer within two (2) days advance notice, or for maintenance determined by Qbox to be an emergency on notice provided to Customer (collectively, “Scheduled Maintenance”);
- Use of the Services by Customer or any end user of Customer in violation of the Terms;
- Issues relating to content, data, or information submitted by Customer;
- Issues relating to Customer’s access to the internet;
- Issues relating to system administration, commands, or file transfers performed by Customer;
- Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster); hostile acts of war, invasion, rebellion, insurrection, and terrorism; government sanctions and embargo; labor disputes, strike, and lockout; or interruption or failure of public utilities;
- Suspension of Customer’s use of the Services as provided in the Terms;
- Problems caused by use of the Services by Customer or any end user of Customer after Qbox has advised Customer or the end user to modify the activity, if Customer or the end user did not modify the activity as advised; and
- Issues relating to Customer’s or any third party’s software, hardware, or other technology or equipment.
The following terms are used in this SLA with the following meanings:
- “Claimed Outage” means the number of minutes that Customer claims a Loss of Service during a Measurement Period using the required claim process.
- “Excluded Minutes” means the number of outage minutes in the Measurement Period due to exclusions set out in the Exclusions section above.
- “Loss of Services” means the Customer’s inability to connect to and access the Services. If Customer can connect to the Services, there is no Loss of Services, whether or not the Customer can use its customer content.
- “Measurement Period” means a single calendar month.
- “Qualifying Outage Minutes” mean the total number of minutes in a Verified Outage during a Measurement Period, minus any Excluded Minutes in that Verified Outage.
- “Services” means the services ordered by Customer and provided by Qbox.
- “Terms” means the Terms of Service provided to Customer by Qbox or otherwise published by Qbox on the Qbox website.
- “Verified Outage” means a Claimed Outage that has been verified by Qbox for a particular Service.