Service Level Agreement (SLA)
These service level agreements (SLA) have been in place since the 01.01.2017 valid.
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 (hereinafter referred to as SLA). If a service level is not fulfilled, ScaleUp grants the customer a credit according to the following conditions. The Service Levels are offered to the customer free of charge and do not represent a guarantee in the sense of §443 BGB (German Civil Code) nor an extension of the legal claims for breach of duty to which the customer is entitled. The regulations made here are part of the contract and apply in addition to the General Terms and Conditions of ScaleUp.
2. IP traffic
The availability of IP traffic performance for the main connection (uplink port) is 99.9% on a monthly average. If a backup connection (backup uplink port) is also available, the availability is 99.966% as a monthly average.
IP traffic performance is considered unavailable if the primary port and the provisioned backup port, if any, cannot send or receive IP traffic.
In the event of IP traffic unavailability due to reasons other than the customer's act or omission, the customer shall receive a credit for the monthly connection charge for the IP traffic service affected. The amount of the credit shall be calculated on the basis of the total duration of the non-availability in the billing month in question:
If a main connection (uplink port) is available:
If a backup port (backup uplink port) is also available:
3.1 Air conditioning
The availability of the air conditioning provided for the colocation space is 99.99% on a monthly average.
The colocation space is equipped with an underfloor air conditioning system designed for typical computer room applications. Cooling capacity is 750 watts per square foot, or 1,500 watts per 1/1 19" rack, unless otherwise agreed. ScaleUp will ensure that the relative humidity in the area of the colocation space designated to house telecommunications equipment is 50% (+/- 20% points), and that the temperature in this area does not exceed 28°C. Air conditioning shall be deemed available if the agreed limits are met.
The customer is responsible for balancing hotspots where the air conditioning requirements of the customer's facilities are greater than the agreed performance by appropriately equipping the colocation space.
Air conditioning is provided only if the agreed maximum reference values of the heat load are not exceeded and the outside temperature does not exceed 35°C. Times when the outside temperature exceeds 35°C are considered extraordinary operation. The Customer acknowledges that the air conditioning may be subject to restrictions during extraordinary operation, which shall not give rise to any claims under this SLA.
In the event of non-compliance due to reasons other than Customer's act or omission, Customer shall receive a credit for the affected colocation service in an amount equal to the pro rata charge for the duration of the non-compliance, but not less than the charge for one calendar day.
3.2 Power supply
The availability of the power supply provided for the colocation space is 99.99% on a monthly average.
ScaleUp will provide the customer with the agreed upon grid connection power (NAL) plus 50% cooling power to supply its colocation space. The NAL of the colocation space allows for a power consumption of 750 watts per square meter, or 1,500 watts per 1/1 19" rack, unless otherwise agreed in the order.
In the event of a power outage due to reasons other than Customer's act or omission, Customer will receive a credit for the affected colocation service equal to the pro-rata charge for the duration of the noncompliance, but not less than the charge for one calendar day.
4. repair of rented hardware
4.1 Spare parts and repair
In case of a hardware defect reported by the customer and confirmed after inspection by ScaleUp on a hardware rented from ScaleUp, ScaleUp will provide necessary spare parts without charge for the customer and will carry out the hardware repair.
The customer is responsible for restoring software and data from a customer-owned data backup.
If the hardware diagnosis shows that there is no hardware defect, the incurred effort will be charged as Remote Hands service, plus - if applicable - the costs of procured spare parts.
4.2 Repair of standard hardware
The repair of rented hardware marked "Standard" in the order or Dedicated Server S/M/L will be completed by ScaleUp within 6 hours after receipt of a telephone fault report from the customer. In case of non-compliance, the basic fee for the affected device will be waived in the calendar month.
4.3 Repair of customized hardware
For rented hardware that does not fall under standard hardware as above or that is marked "Customized", typically required spare parts are kept in sufficient quantities, but there is no guaranteed spare parts stocking by ScaleUp.
Device repair may be dependent on spare parts delivery times from the manufacturer. It is strongly recommended to a) operate redundant devices and/or b) purchase a spare parts/repair service contract with guaranteed response times for the respective customer-specific hardware from ScaleUp.
5. cloud hosting / web hosting
The availability of Cloud Hosting / Web Hosting is 99.9% on a monthly average.
The availability in the monthly average does not apply to the customer's own virtual server or software, but explicitly to the availability of the hosting server pool operated by ScaleUp.
If the monthly average of ScaleUp cannot be met, the use of the affected service will be free of charge in the respective month if the complaint by the customer is justified.
6. technical support / remote hands
ScaleUp technical support is available to customers by phone 24 hours a day, 7 days a week. Support requests by e-mail or via MyScaleUp are handled on working days (Monday - Friday), in the period from 09:00 to 18:00 local time at the place of work.
6.2 Free support
Support on working days (Monday - Friday), in the period from 09:00 to 18:00 local time at the place of work, if it does not include remote hands service, is free of charge for the customer. Outside the aforementioned period, as well as on Saturdays, Sundays, holidays, the processing of technical support requests is charged as Remote Hands service.
6.3 Response times
Response time is the time between when ScaleUp Technical Support acknowledges receipt of the support request or remote hands order, with all information requested by ScaleUp, to when it is first addressed by a ScaleUp representative.
If ScaleUp does not comply with the response time agreed under 6.4 (Assignment of Priorities), the Customer will receive a credit in the amount of a fee that would be payable 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 information provided by the customer. The choice of priority depends on the impact of the disruption on the customer's business to which the support request or remote hands job relates. The assigned priority may be adjusted after evaluation by ScaleUp.
The response time and processing shall be in accordance with the following regulations:
* Working days (Mon.-Fri.), from 09:00 to 18:00 localTime at the place of work.
** only with telephone message
7. assertion of claims
The client must notify ScaleUp in writing of non-compliance with a service level within five calendar days after the end of the month in which the non-compliance occurred. If a complaint is made by the customer, the justification will be examined by ScaleUp. Only the SLA monitoring records of ScaleUp are authoritative in this regard. In case of demonstrable non-compliance with the SLA, ScaleUp will arrange for a refund according to the provisions for the affected service. The total amount of credits issued to the customer based on the SLA is limited to the sum of one monthly fee for the affected service.
8. disruptions to third parties and planned interruptions
Disruptions that have their cause outside ScaleUp's sphere of influence, in particular disruptions at other network operators and IP traffic handover points controlled by third parties, disruptions of third party facilities or power supply services or line cuttings of third parties, are not ScaleUp's responsibility and therefore do not justify any claims based on the SLA. The same applies to planned interruptions of the service, e.g. within the scope of maintenance work.
9. final provisions
ScaleUp is entitled to change or amend the present SLA at any time. Changes will be communicated to the customer by mail or by e-mail. If the customer does not object in writing within six weeks after receipt of the change notification, the changes are considered approved and also become effective for already existing contractual relationships.