Updated: February 26, 2019
This Service Level Agreement (“SLA”) for Data Protect Backup - Dedicated sets forth the service levels (“Service Levels”) for the Data Protect Backup - Dedicated Service (“Service”) provided to Customer by CenturyLink. This SLA is subject to and incorporated in the Agreement and the applicable Service Schedule(s) between the parties and any terms not defined in this SLA shall have the meaning set forth therein.
In the event of a Service Level Failure, Customer may be entitled to receive the applicable service credit set forth herein (“Service Credits”).
CenturyLink will perform Full Backups and Incremental Backups as part of the Backup service offered with Data Protect Backup - Dedicated. Service Levels are measured on successful completion. To be considered successful, a Full Backup or Incremental Backup must be started within the Backup Window(s) as determined by CenturyLink.
CenturyLink shall make reasonable efforts to accommodate Customer-requested backup times. CenturyLink is not responsible for any services requested that fall outside of the scope of Service described herein. If CenturyLink fails to meet the Service Level set forth below, Customer may be entitled to a Service Credit as follows:
|Service Level Category||Service Level Percentage of
Successfully Completed Backups
|Service Credit (% of Monthly
Recurring Charge for Data Protect
Backup - Dedicated Service(s) affected by
the Service Level Failure)
(Full and Incremental
|99% and above||0%|
|≥ 97% and < 99%||2%|
|≥ 95% and < 97%||5%|
|≥ 90% and < 95%||10%|
|≥ 80% and < 90%||20%|
|≥ 70% and < 80%||40%|
Customer must open a ticket in order to initiate a restore request. Customer shall initiate all restore requests as priority one tickets through emailing or calling the CenturyLink Service Center.
The Service Level for the commencement of restoration (Restoration Commencement Service Level) is set forth below:
|Local Restoration||Service Level Target for commencement
of Data Restoration
|Local Restoration: The restoration of Customer’s data stored locally on disk, at the originating CenturyLink managed environment.||Commence data restoration within one (1) hour of receipt of Customer's restore request.|
If CenturyLink fails to initiate a restore request within the Service Level Target, set forth in the table above, Customer may be entitled to a Service Credit as follows:
|Service Level Category||Processing Delay Greater than
Data Restoration Service Level Target
|Service Credit (% of Monthly
Recurring Charge for Affected Data Protect
|Data Restoration||Up to and including 30 minutes||10%|
|> 30 and ≤ 60 minutes||15%|
|> 60 and ≤ 90 minutes||25%|
|> 90 minutes||40%|
Processing Delay outlined above begins after the Service Level Target commencement period (as outlined above) has expired.
“Backup Client” means a system that is being backed up.
“Backup Window” means scheduled time period during which Backups should be started.
“Full Backup” means complete save of Customer chosen data files on a given Backup Client, not including operating system software.
“Incremental Backup” means backup to tape of all data files that are new or have changed since the last backup Full Backup or Incremental Backup.
“Maintenance Windows” are posted here and are subject to change at any time.
“Service Credit” means an amount deducted from fees billed to Customer in the event of a Service Level Failure.
“Service Level Failure” means CenturyLink’s performance for a particular Service fails to meet the applicable Service Level set forth in this SLA.
Customer must request any Service Credit due hereunder by submitting an e-mail to email@example.com within sixty (60) calendar days of the conclusion of the month in which the Service Level Failure(s) occurs.Customer waives any right to Service Credits not requested within this sixty (60) calendar day period. Service Credits will be issued once validated by CenturyLink and applied toward the invoice which Customer receives no later than two (2) months following Customer’s Service Credit request. All performance calculations and applicable Service Credits are based on CenturyLink records and data unless Customer can provide CenturyLink with clear and convincing evidence to the contrary.
The applicable SLA provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. To clarify, such sole and exclusive SLA remedies shall not apply to breaches of unrelated obligations under the Agreement such as infringement, confidentiality, etc. A Service Level Failure shall not occur, the SLA, including any remedies hereunder, will not apply and Customer will not be entitled to receive a Service Credit in the case of an Excluded Event. Excluded Event means any event that adversely impacts the Service that is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink; (c) any unavailability, failure or malfunction of any third party software as part of the service; (d) any failure of any scheduled backup due to unavailability of connectivity; (e) Force Majeure events; (f) scheduled and/or emergency maintenance; (g) any suspension of Service pursuant to the Agreement; or (h) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information. Customer will not be eligible to receive any otherwise applicable Service Credits if Customer is in breach or default under any provisions of the Agreement at the time the Service Level Failure(s) occurred or at the time when such Service Credit is requested by Customer until such breach is cured, at which point the Service Credit will be issued. The Service Credits set forth herein are not cumulative and in no event will the Service Credits accrued in any calendar month exceed, in the aggregate across all events, fifty percent (50%) of the Affected Service MRC.