Cloud Services SLA

This Axcient service level agreement (SLA) is our 100 percent guarantee that in the unlikely case of a service interruption, you are credited the amount of downtime you experience. It’s our assurance of the reliability of our network and its cloud backup solutions and services. If it doesn’t perform as it should, we’ll make it right. It’s that simple.

Axcient Guarantees 100 Percent Uptime for Its Cloud Services

Axcient guarantees that our cloud-based backup solutions and services will function properly 100 percent of the time. How this applies to specific products and services is as follows:

Axcient Backup:

The Axcient Backup cloud service is guaranteed to function 100 percent of the time such that the Axcient Backup client software is able to successfully communicate with the Axcient cloud allowing users to backup and restore data to and from the Axcient cloud. We do not guarantee proper functioning of the Axcient Backup client software itself.

Axcient BDR for Acronis, Axcient BDR for Quest, Axcient BDR for ShadowProtect, Axcient BDR for Veeam:

Any provisioned Axcient Cloud computer, storage, hypervisor, network, and Internet connectivity functions required to run the Acronis, Quest, ShadowProtect or Veeam software in the Axcient cloud and receive replicated data are guaranteed to function 100 percent of the time. We do not guarantee proper functioning of the Acronis, Quest, ShadowProtect or Veeam software itself.

Axcient Anchor:

The Axcient Anchor service is guaranteed to function 100 percent of the time such that files can be uploaded and downloaded on demand by any Anchor client app or through the Anchor web portal, and that synchronization of changed data to other devices begins within five minutes of data being changed, or as determined by the synchronization delay configured by the user, whichever is greater. We do not guarantee proper functioning of the Anchor client app software itself.

Axcient Continuity Cloud:

Any provisioned Axcient Continuity Cloud compute, storage, hypervisor, network, and Internet connectivity functions required to virtualize your servers and applications are guaranteed to function 100 percent of the time. We do not guarantee proper functioning of any operating systems and applications you provide to us (as part of your backed up data or otherwise), only the underlying cloud infrastructure services.

Axcient CloudFinder:

The Axcient CloudFinder service is guaranteed to function 100% of the time such that, following the completion of your initial backup, CloudFinder will successfully initiate the creation of a backup copy of your configured Provider data (e.g. Office 365), at least once each calendar day, and allow users to search, restore, and export backed up data from the Axcient cloud. We do not guarantee against improper functioning of Provider APIs (e.g. Office 365 web service APIs) or issues caused by improper service configuration.

Axcient BRC, Axcient Replibit:

The Axcient cloud services for BRC and Replibit are guaranteed to function 100 percent of the time such that the Axcient BRC or Replibit client software running in client environments (e.g., on appliances or AVMs) are able to successfully communicate with the Axcient cloud to replicate data to and restore data from the Axcient cloud. We do not guarantee proper functioning of the Axcient client software itself. Axcient virtual office functionality for BRC is guaranteed to function 100 percent of the time such that virtual office provisioning, configuration changes, starting newly provisioned virtual offices complete within 1 hour of being requested, and further such that compute, storage, and network services for running VMs are functional and 99.9% free of errors to the running operating system within VMs. We do not guarantee proper functioning of any operating systems and applications you provide to us (as part of your backed up data or otherwise), only the underlying cloud compute, storage, and network services beneath the operating system.

Credits

If we fail to meet any of the above guarantees, you will be eligible for a credit, as follows:

Axcient Anchor, Axcient Backup, Axcient BRC, Axcient BDR for Acronis, Axcient BDR for Quest, Axcient BDR for ShadowProtect, Axcient BDR for Veeam, Axcient CloudFinder and Axcient Replibit:

One day’s portion of the associated monthly service fees for each hour of service failure (one twelfth of one day’s portion for every five minutes of service failure), in proportion to the scope of the affected services versus total provisioned services, up to 100% of one month’s fees in any given calendar month.

Axcient Continuity Cloud:

One day’s portion of the associated weekly fees for the affected provisioned Continuity Cloud nodes for each hour of failure of these nodes (one twelfth of one day’s portion for every five minutes of service failure), in proportion to the scope of the affected services vs. total provisioned services, up to 100 percent of one week’s fees in any given calendar week.

Reporting

In order to be eligible for a credit, you must submit a support ticket within seven days of the service failure for which you are requesting the credit and provide the details of when and how services were adversely affected. Axcient will determine if your request meets all eligibility criteria within 30 days.

Measurement

Axcient uses a variety of external and internal monitoring devices for the purpose of maintaining and measuring service availability and functionality. Multiple devices are used to confirm service failures as opposed to the failure of the monitoring device itself. The determination of any credits will be based on the measurements gathered by the Axcient monitoring system, which shall be final and binding on you. Axcient reserves the right to periodically change the measurement points and methodologies it uses without notice.

Limitations

Total credits under this SLA in any calendar month are limited to the specific fees paid for the affected service(s) for the month in which the service does not meet the guarantees set forth above. The credits provided by the terms of this SLA are your sole and exclusive remedy for any software or service failures.

Service failures must last at least five minutes, as measured by Axcient, before you are eligible for any credits. You will not be eligible for any credits if you are not current on your payments, or are otherwise in breach of any agreement you have with Axcient. You will not be eligible for credits for service failures caused by any of the following:

  1. Scheduled or emergency maintenance or upgrades announced at least one hour in advance, provided that such maintenance does not continuously last more than one business day.
  2. Failure of third party software, including any software licensed by Axcient, such as Acronis, Dell AppAssure, StorageCraft ShadowProtect, Veeam, etc.
  3. The software initialization, maintenance, or reboot sequences of any third party software that causes services to be unavailable.
  4. Failure of any software you provide to Axcient, including but not limited to operating systems, applications, and software licenses.
  5. Failure of third party network circuits (local loops) or Internet connections, unless such failure is caused solely by Axcient or our contracted networking providers.
  6. Failures caused by infrastructure outside of the control of Axcient (including failure of any equipment not owned by Axcient), or failures of software running on infrastructure outside of the control of Axcient (including failure of any equipment not owned by Axcient). For example, backup failures due to the failure of the operating system of a user’s computer that is being backed up.
  7. Hardware failures caused by Axcient’s hardware appliances not physically located within Axcient’s data centers.
  8. DNS issues outside the direct control of Axcient.
  9. Failures caused by the misconfiguration or incorrect settings of any product or software that connects to or communicates with Axcient’s cloud services.
  10. Partner or End-user not knowing their password, passphrase, or encryption key, or not being able to recover their pass phrase or encryption key for any reason.
  11. False or incorrect outages resulting from errors made by any measurement system.
  12. Acts or omissions of those not under the direct control of Axcient, including without limitation, any negligence, willful misconduct, or misuse of applicable contractual agreements.
  13. Circumstances beyond Axcient’s reasonable control. Such circumstances include, by example but not limitation, war, terrorist activities, acts of governmental bodies, acts of God, sabotage, attacks by hackers, fire, flood, strike or other labor disturbance or other force majeure events.

Nevertheless, Axcient will make commercially reasonable efforts to ensure that the services are not interrupted by any of the foregoing reasons.

Axcient reserves the right to update this SLA at any time without notice by posting an updated version to this web page. The SLA that was current at the time of any failure incident will govern. This SLA was last updated January 6, 2020.

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