1. Scope
This agreement covers the hosting, server and network services supplied by TSBG Hosting Ltd. under the BG Data Center brand, and forms part of the Terms of Service.
2. Definitions
- Availability: the proportion of a calendar month during which the service is reachable.
- Outage: a continuous period, verified by us, during which the service is entirely unreachable. Periods shorter than five minutes are not counted.
- Planned maintenance: work announced in advance and carried out within the window set out below.
3. Availability Commitment
The monthly availability commitment is 99.99%, which corresponds to roughly four minutes and thirty seconds of unplanned downtime in a thirty-day month.
4. Measurement
Availability is calculated from checks made every sixty seconds by independent monitoring points outside the data centre. An outage begins at the second consecutive failed check and ends at the first successful one.
5. Planned Maintenance
Planned maintenance takes place between 01:00 and 05:00 Central European Time and is announced by e-mail at least seventy-two hours in advance. Announced planned maintenance does not count as an outage. Emergency maintenance to close a security vulnerability is announced as early as circumstances allow.
6. Exclusions
- outages caused by the Customer’s own software, configuration or operating system;
- work carried out at the Customer’s request, and the Customer powering off its server;
- suspensions for late payment or breach of the acceptable use policy;
- events of force majeure;
- problems in the Customer’s own internet access or in third-party networks between us and the end user;
- attacks against the Customer exceeding the protection capacity agreed.
7. Service Credits
Where availability falls below the commitment in a month, a credit is applied against that month’s fee for the affected service:
- 99.99% to 99.50%: 10% of the monthly fee
- 99.50% to 99.00%: 25% of the monthly fee
- 99.00% to 98.00%: 50% of the monthly fee
- below 98.00%: 100% of the monthly fee
8. Claims
A credit is claimed by opening a support ticket in the customer panel within thirty days of the end of the month in which the outage occurred, stating the date, time and duration. Claims are decided within ten working days.
9. Nature and Cap
An approved credit is set off against the next invoice and is not paid in cash. Total credits in any calendar month may not exceed the monthly fee for the service concerned. Service credits are the Customer’s sole and exclusive remedy for failure to meet the availability commitment.
10. Contact
Outage reports and credit claims: noc@bgdatacenter.com — NOC, 24/7.