These terms become effective from January 1, 2017.

If you have questions about our SLA, please feel free to contact us.

1. Subject matter of the contract

ScaleUp Technologies GmbH & Co. KG (hereinafter referred to as ScaleUp) provides its services according to this Service Level Agreement (SLA). If a service level is not fulfilled, ScaleUp grants the customer a credit memo according to the following conditions. The service levels are offered to the customer free of charge and do not represent a guarantee within the meaning of §443 BGB nor an extension of the customer’s entitlement to legal claims for breach of duty. These regulations are an integral part of the contract and are applicable in addition to the general terms and conditions of ScaleUp.

2. IP traffic

The availability of the IP traffic service for the main connection (uplink port) amounts to 99.9% in the monthly mean. If a backup connection (backup uplink port) is existent the availability of the IP traffic service amounts to 99.966% in the monthly mean.

The IP traffic services are considered unavailable when the main port and, if present, the provided backup connection cannot send or receive any IP traffic.

In the case of non-compliance that is due to reasons other than the actions or neglects of the customer, the customer will receive a credit memo for the monthly connection fee for the IP traffic service concerned. The amount of which is calculated based on the total duration of non-availability during the billing month concerned:

When a main connection (uplink port) is existent:

Total duration of the non-availability
(hh:mm:ss)
Amount of credit
00:00:01-00:45:00 No credit
00:45:01-04:00:00 10%
04:00:01-08:00:00 20%
08:00:01-12:00:00 30%
12:00:01-16:00:00 40%
16:00:01-24:00:00 50%
>24:00:00 100%
When additionally a backup connection (backup uplink port) is existent:
Total duration of the non-availability
(hh:mm:ss)
Amount of credit
00:00:01-00:15:00 No credit
00:15:01-01:00:00 10%
01:00:01-02:00:00 20%
02:00:01-03:00:00 30%
03:00:01-04:00:00 40%
04:00:01-05:00:00 50%
>05:00:00 100%

3. Colocation

3.1 Air-conditioning

The availability of air-conditioning provided to the colocation area is 99.99% during an average month.

The colocation area is equipped with a sub-floor air-conditioning system, which is designed for implementation in a typical computer room. The cooling capacity is 750 watts per square meter, or 1,500 watts per 1/1 19″ rack, unless otherwise agreed. ScaleUp shall ensure that the relative humidity in the area of the colocation area provided for the placement of telecommunication equipment stays around 50% (+/- 20% points), and that the temperature in this range of humidity does not exceed 28 degrees Celsius. The air-conditioning is considered available when the agreed limits are maintained.

With corresponding mounting within the colocation area, the client is himself responsible for the adjustment of hot spots where the need for air-conditioning of the client’s equipment is greater than the agreed performance.

The air-conditioning can only be guaranteed when the agreed maximum amounts of consumption of the heat loads are not exceeded and if the outside temperature is no more than 35 degrees Celsius. Times during which the outside temperature is higher than 35 degrees Celsius are considered an extraordinary operation. The client accepts that the air-conditioning can be subject to limitations during extraordinary operation. This does not justify any claims based on this SLA.

In the event of non-compliance due to other reasons than the actions or failures to act by the client, the client shall receive a credit for the Colocation service affected in the amount of the corresponding payment for the period of non-compliance, but at least in the amount of the payment for one calendar day.

3.2 Power supply

The availability of the power supply provided to the colocation area amounts to 99.99% during an average month.

ScaleUp provides the client with the agreed mains power supply (NAL) necessary for the supply of his colocation area plus 50% of cold power output. The mains power supply (NAL) of the colocation space allows power consumption of 750 watts per square meter or 1,500 watts per 1/1 19″ rack, unless agreed otherwise in the order.

In the event of a power failure, which can be traced to reasons other than actions and failures to act by the client, the client shall receive a credit for the Colocation service affected in the amount of the corresponding payment for the duration of non-compliance, but no less than the amount of the payment for one calendar day.

4. Repair of leased hardware

4.1 Spare parts and hardware repair

In the case of a hardware defect of a hardware leased from ScaleUp that has been reported by the customer and acknowledged by ScaleUp after inspection, ScaleUp provides required spare parts and performs the hardware repair free of charge to the customer.

The customer is responsible for restore of software and data from a customer-owned backup.

If the hardware diagnostics indicate that a hardware defect is not present, the accumulated expenses will be charged as Remote Hands service, plus – if applicable – the cost for procured spare parts.

4.2 Repair of standard hardware

Repair of leased hardware that in the order is marked „Standard“ or Dedicated Server S/M/L will be completed by ScaleUp within 6 hours after acknowledgement of receipt of the customer’s failure notice by phone. In the case of non-compliance, the base fee is waived for the unit affected in that calendar month.

4.3 Repair of customized hardware

For leased hardware that does not fall under standard hardware as stated above or that is marked „Customized“ ScaleUp keeps available an adequate quantity of typically required spare parts, but does not guarantee stock keeping of spare parts.

A device repair may depend on manufacturer’s spare part delivery times. It is strongly advised to a) operate redundant units and/or b) purchase a spare part/repair service contract for the respective customized hardware with guaranteed response times from ScaleUp.

5. Cloud hosting / Web hosting

The monthly average availability rate of cloud hosting / web hosting is 99.9%.

However, the quoted monthly average availability does not apply to the separate virtual server or software procured by the customer, but rather to the availability of the hosting server pool operated by ScaleUp.

If ScaleUp fails to comply with the stated monthly average availability value, the customer shall be entitled to use the affected service free of charge for the corresponding month provided that a justified complaint is submitted in time.

6. Technical Support / Remote Hands

6.1 Reachability

By phone ScaleUp’s technical support is available to the customer 24 hours a day, 7 days a week. Support requests via e-mail oder through MyScaleUp are processed on working days (Monday – Friday) between 9 a.m. and 6 p.m. local time at place of work.

6.2 Free Support

Support on working days (Monday – Friday) between 9 a.m. and 6 p.m. local time at place of work, if it does not include Remote Hands service, is free of charge to the customer. Outside of this above-mentioned period, including Saturdays, Sundays and public holidays, handling of technical support requests is charged as Remote Hands service.

6.3 Response times

The response time is the period between the time when ScaleUp’s technical support confirms receipt of the client’s support request or remote hands order including all of the information requested by ScaleUp and the time when the first processing action is carried out by a ScaleUp employee.

If ScaleUp fails to adhere to the response time as agreed under 6.4 (Assignment of priorities), the client shall be issued a credit note to the amount of the fee that would have been due for 60 minutes of Remote Hands service.

6.4 Assignment of priorities

Support requests and Remote Hands orders are assigned a priority by ScaleUp, based on the information provided by the customer. The choice of priority depends on the impact of the disruption to the customer’s business operations the support request or Remote Hands order is referring to. The assigned priority may be adjusted by ScaleUp after assessment.

The processing is carried out in accordance with the following provisions:

Impact on business operation Response time
Business hours working days (Mon. – Fri.) between 9 a.m. and 6 p.m. local time at place of work Outside of business hours including Sat., Sun., public holidays & ONLY upon notification by phone

Business operation interrupted / Total failure

Total failure of production systems / services. Support requests and remote hands orders to be assigned the highest available priority are accepted upon notification by phone only.

This priority is assigned when business operation is interrupted due to total failure of customer’s production systems/services and/or loss/damage of data is present. The use by end users is not possible or attached to significant restrictions.

Requests are carried out with the highest urgency.

60 minutes
(upon notification by phone only)
120 minutes

Disruption with heavy affect on business operation

Reduced functionality of systems / services. This priority is assigned when business operation is heavily affected due to customer’s systems/services operating at highly reduced performance. Individual functions are not or only partially available. However, the operation is not completely interrupted.

120 minutes 240 minutes

Disruption with low affect on business operation

Reduced functionality of systems / services. This priority is assigned when business operation is affected to a minor degree due to customer’s systems/services operating at reduced performance and/or show error messages that could affect operations if not addressed.

480 minutes 24 hours

No impact on business operation

This priority is assigned to questions/orders on product/service use, adaptions to configurations and/or other service requests. There are no interruptions present.

48 hours 72 hours

7. Assertion of claims

The customer must inform ScaleUp in writing of any non-compliance with a service level within five calendar days after the end of the month during which the non-compliance occurred. Whenever the customer submits a complaint, ScaleUp will examine this complaint. Exclusively authoritative are ScaleUp’s records on SLA monitoring only. If there is a case of verifiable non-compliance with the applicable SLA, ScaleUp will arrange a reimbursement according to the conditions of the affected service. The total sum of the credit memo granted to the customer on the basis of the SLA is limited to the sum of the monthly fee for the affected service.

8. Third-party faults and planned disruptions

Faults whose causes lie without ScaleUp’s realm of influence, especially faults caused by other network providers or IP traffic points of transfer controlled by third parties, faults in the facilities or electric power supplies of third parties, or service disconnections of third parties, are not the responsibility of ScaleUp and thus do not give grounds for any entitlements based on the SLA. The same applies to planned disruptions of the service, e.g. in the course of maintenance work.

9. Final provisions

ScaleUp is entitled to change or add to the present SLA at any time. ScaleUp will inform customers of SLA changes via letter or e-mail. If the customer does not disagree in writing within six weeks after receipt of the notification of change, the changes are considered accepted and come into effect, including also existing contracts prior to these changes.