Service Level Agreement

CyberFortress Service Level Agreement

This CyberFortress Service Level Agreement covers only those services that are expressly described in an Order as covered by this Service Level Agreement.  Capitalized terms used below that are not defined in this Service Level Agreement have the meaning given in the CyberFortress Master Services Agreement at https://cyberfortress.com/master-services-agreement/. 

Part I. Commitments

A. Network and Infrastructure Availability Commitment: The CyberFortress network and infrastructure for production services will be available 100% of the time, excluding unavailability due to Maintenance. 

Remedy:  a service credit for each full or partial hour that Customer is unable to replicate or restore Content (for Backup as a Service) or replicate to its disaster recovery environment (for DR as a Service) due to CyberFortress’ failure to meet the Network and Infrastructure Availability Commitment (each, a “Service Credit Hour”). The Service Credit Hour will be based on an assumed 30-day month (1/720 of the monthly recurring fee) and shall be 1/720 of the monthly recurring fees for only the part of the services that is impacted by the unavailability. For the sake of clarity, if the Network were unavailable for one hour and one minute and all other procedures in the SLA were followed, 2 Service Credit Hours would be issued, resulting in a credit in the amount of 2/720th of the monthly recurring fees for the impacted services.

Definitions: “Maintenance” means planned or emergency maintenance for which notice is given in accordance with the Maintenance Commitment stated below. The CyberFortress “network” is the data network from the physical or virtual server environment to the outer most port of the CyberFortress operated routing infrastructure. The CyberFortress “infrastructure” is the compute, storage, switching, and routing equipment operated by CyberFortress. Unavailability is measured from the time that both (i) the CyberFortress’ monitoring systems record unavailability, and (ii) Customer has requested support in connection with the unavailability using the means specified by CyberFortress in its then-current Support Policies (such as ticket, email, or phone call) and ends when network or infrastructure availability is restored as recorded by CyberFortress’ monitoring systems.

B. Maintenance.  CyberFortress expects to perform maintenance on its network, infrastructure, servers, applications, hardware and other system components from time-to-time which could result in a service interruption.     

Planned Maintenance Commitment:  CyberFortress shall announce or schedule planned maintenance that has the potential to result in a service interruption.  Planned maintenance will be announced by means of an online Maintenance Calendar made available to Customer or will be scheduled with Customers on an individual basis.

Emergency Maintenance Commitment: CyberFortress may also perform unplanned emergency maintenance to address unforeseen issues that impact service reliability or security.  CyberFortress will give notice of emergency maintenance using its Event Notification System https://status.cyberfortress.com.  Customer is required to subscribe to the Event Notification System to receive notices from the system. 

Remedy:  a Service Credit Hour, as defined above, where all of the following conditions are met: (i) Maintenance results in a material inability to replicate, restore, or failover,  (ii) the service interruption resulting from the Maintenance exceeds the announced or scheduled maintenance window for planned maintenance or exceeds a reasonable period for emergency maintenance, (iii) Customer requests support in connection with a service interruption resulting from the Maintenance, and (iv) CyberFortress fails to respond to Customer’s request for support in connection with the interruption within the applicable time stated in the table below or fails to resolved the interruption within the applicable time stated in the table below: 

Priority 1 (Critical): An Incident that causes an emergency condition preventing access to the Services or loss of critical functions which prevent Customer from conducting any normal business operations. CyberFortress will give first priority to resolving Priority 1 issues. If CyberFortress is able to provide a workaround for a Priority 1 Incident, it may be downgraded. 

Priority 2 (High): An Incident that prevents the use of one or more functions of the services, and significantly impacts the Customer by preventing some normal business operations.  

Priority 3 (Medium): An Incident that impacts the use of one or more functions of the services, but does not prevent the Customer from conducting normal business operations.  

Priority 4 (Low): An Incident that does not affect a Customer’s use of the services. 

Part II:  Credit Requests

Service credit requests must be submitted by Customer to the CyberFortress Customer Experience team via a service credit request over the telephone, ticket system, or email within ten (10) days following the end of the incident.  Requests must include the date and time of the incident giving rise to the credit and a description of the adverse impact suffered by the Customer as a result of the incident. CyberFortress will review and respond to requests for service credits within thirty (30) days of receipt. Approved credits will be applied at the end of the billing cycle during which the notification of the failure was received. 

Notwithstanding anything in this Services Level Agreement or other part of the Agreement to the contrary, the maximum total service credit for any monthly billing period, including all commitments,  objectives, and other guaranties, shall not exceed 100% of the monthly recurring charges for that billing period. Service credits that would be available but for this limitation will not be carried forward to future billing periods. 

Part III.  General Terms  

Customer is not entitled to any credits if its account is delinquent, it is in breach of the terms of its services agreement, or the service level failure occurred as a result of Customer’s misuse of the services, including use outside of reasonable expectations for the particular service, whether intentional or unintentional. 

This Service Level Agreement is Customer’s sole and exclusive remedy for any CyberFortress failure to meet a commitment, objective or other guaranty stated in this Service Level Agreement.

Exclusions: 

The availability commitment covers CyberFortress network and infrastructure availability.  Application errors are covered by the Services Warranty stated in the Master Services Agreement. 

Service credits are not available unless the Customer suffers an adverse impact from the failure and describes that impact in the service credit request.

CyberFortress is not responsible for a service credit or other remedy where service interruption results from (i) unauthorized or improper use of the services;  (ii) modification, alteration or configuration of the services by or for Customer that has not been authorized in writing by CyberFortress; (iii) hardware, software, services or other technology that not been provided by CyberFortress pursuant to the Agreement; (iv) failure of ISP’s or other communications facilities; (v) any breach of this Agreement by Customer, or any act or omission of any authorized user which, if performed or omitted by Customer would be a material breach of this Agreement, and/or; (vi) any act or omission of Customer or any Authorized User that prevents, delays, disturbs or interferes with CyberFortress’s performance of its obligations under the Agreement.

Updated:  July 2022