Non-Fungible Title – Service Level Agreement
Last Revised: August 8, 2022
99.99% Uptime Guarantee
UBITQUITY offers a 99.99% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the “SLA.” This SLA is provided as a supplement to the Hosting Terms and Conditions You agreed to in becoming a UBITQUITY customer, which is hereby incorporated by reference as an indispensable part of this SLA.
This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) BaaS Instances with Us, and one (1) of those Baas Instance(s) experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) BaaS Instances’ downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of UBITQUITY‘s web property, DNS Baas Instance(s)s, API, or control panel.
Packet Loss and Latency
UBITQUITY does not proactively monitor the packet loss or transmission latency of specific customers. UBITQUITY does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that UBITQUITY discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from UBITQUITY‘s border router(s) (first hop of egress providers router) and You notify UBITQUITY via a support ticket (or UBITQUITY has notified You of an event), UBITQUITY will take all actions necessary to determine the source of the Excess Packet Loss/Latency.
The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to BaaS Instance(s)-side software uptime. Any outage due to Baas Instance(s) software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-“host node” outage, for any reason and whether or not such outage is caused by Us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time-critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes. Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.UBITQUITY Talon Cloud GPU product has limited availability. Due to this limitation, GPU instances are not included in the UBITQUITY SLA. During the Beta period, UBITQUITY will include automatic backups of all GPU instances at no cost to the customers. In the event of a hardware failure, UBITQUITY will make a best effort to restore your GPU instances in the same or nearest location as quickly as possible. Upon request you will be refunded for any period of downtime of your GPU instance.
In accordance with the procedure outlined below, you must initiate a support ticket and request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting a credit is what triggers an event for any potential credits; however, UBITQUITY must still determine, at its sole discretion, whether or not an eligible outage has occurred. If UBITQUITY determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below:
|Outage Time Frame||Credit Amount|
|Less than 9 minutes||12 Hours|
|10 – 59 minutes||24 Hours|
|60 – 119 minutes||48 Hours|
|120 – 239 minutes||120 Hours|
|240 – 419 minutes||240 Hours|
|420+ minutes||672 Hours (1 Month)|
How To Obtain Your Credit
In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. DO NOT ASSUME THAT WE ARE AWARE OF YOUR OUTAGE. Your outage may be wholly unrelated to UBITQUITY’s services, so unless You contact Us via a support ticket, We may not be aware any problem exists. Outages related to hardware or other services or events not under UBITQUITY’s control are not eligible for any guarantee or credit offered under this SLA. You may initiate such support ticket via e-mail to info [at] UBITQUITY [dot] io. You choose, You MUST obtain a UBITQUITY ticket number as proof that you initiated a support ticket related to the outage, and the support ticket MUST ask for a credit related to the outage. As stated herein, the timestamp on the support ticket will mark the beginning of an outage should UBITQUITY determine that an eligible outage occurred. If UBITQUITY was aware of the issue before You were, UBITQUITY may notify You of the outage. In such instance, You must still initiate a support ticket to confirm that You are aware of the outage, and such support ticket must still also request a credit. To be clear, You must have a support ticket number in order to receive any credits under this SLA.You agree and acknowledge that all other terms, limitations, exclusions, disclaimers and requirements contained in UBITQUITY‘s User Agreement apply to this SLA.