This Service Level Agreement (the "SLA") is an integral part of your agreement with Stash America LLC, a Nevada corporation ("Stash") for the provision of services (collectively the "Services") set forth on the Service Order.
This SLA defines the terms of our responsibility with respect to the Services that we provide (the "Service Commitments") and your remedies in the event that we fail to meet these Service Commitments. This SLA and the refunds set forth herein (the "Service Credits") represent Stash's sole obligation and your sole remedy for our failure to meet such Service Commitments.
Stash guarantees 95% network uptime for our public Internet network, excluding scheduled maintenance. Notwithstanding the foregoing, you recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of Stash. This SLA and the 95% Network Uptime Service Commitment cover the provision of access by Stash to the global internet "cloud". Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of Stash can and will occur, and such instances shall not be considered any failure of the 95% Network Uptime Service Commitment. Stash proactively monitors network uptime. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime.
Stash guarantees that the critical infrastructure systems will be available 95% of the time in a given month, excluding scheduled maintenance. Critical infrastructure systems include all power and HVAC infrastructure, including UPS, PDU and cabling. Critical infrastructure systems do not include any software or services running on a server, nor do they include any server hardware. Stash proactively monitors infrastructure availability. The results of these monitoring systems shall provide the sole and exclusive determination of infrastructure availability.
If a server migration is required because of server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine, in our reasonable judgment, that we must begin the migration sooner to protect your server data.
Stash proactively monitors host uptime. The results of these monitoring systems shall provide the sole and exclusive determination of host uptime.
We are dedicated to keeping secure and private the data residing at Stash and do so via multiple, highly sophisticated methods. This is our mission and passion. We also support and maintain this service connected to a vast, fast-growing, and non-secure Internet. In the very unlikely event, driven by unforeseen circumstances, that something were to interrupt that service, it is your responsibility to consider the implementation of additional means of accessing your data. Stash assumes no responsibility for any loss thereof, or inability to access the data. In no event shall Stash be liable for damages, loss of business or profits, or for any incidental or consequential damages resulting from loss of data, even if advised of the real or imagined possibility of such damage.
We are not responsible for application-level patching or upgrades. You are responsible for ensuring your data is saved and recoverable via applications that are current, useable, and supported by their makers.
The servers used to provide the Services are located in controlled access data centers. Access to the data centers will be restricted to Stash employees or its agents who need access for the purpose of providing the services. The data centers are staffed 24/7/365 and are monitored by video surveillance. Entrance to the data centers are authorized by proximity-based access cards and biometric hand scanners or other approved security authentication methods.
Reports of and Response to Security Breach
Stash will immediately report to you any unauthorized access or release of your information of which we become aware. Upon request, we will promptly provide to you all information and documentation that we have available to us in connection with any such event.
In the event that we fail to meet a guarantee stated above (excluding scheduled maintenance), Stash will refund 5% of your monthly service fees for each day of downtime, after the first hour of downtime, experienced up to 100% (for all Service Credits in a given month) of the monthly service fees for those Services affected.
Service Credit Requests
All SLA claims should be communicated via a Ticket in MyStashPro.com customer portal within seven (7) days of the incident. The ticket must include all relevant information, including host name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services. You must show that your use of the service was adversely affected in some way as a result of the downtime to be eligible for the credit.
In order to qualify for Service Credits, you must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Stash.
No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your personnel, (ii) due to failure of any equipment or software provided by you, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which you are entitled to a Service Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from your breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Stash.
Total cumulative Service Credits during any three months period shall not exceed 100% of your monthly fee for those Services affected. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within Stash’s control. Stash may modify any aspect of this SLA upon thirty (30) days' prior notice. Should you wish to terminate this Agreement as a result of such modification, you may do so by sending a notice of termination via the MyStashPro.com customer portal any time prior to the effective date of such modification and no termination fees will apply. Absent such termination notice, the modified SLA shall apply from the effective date for as long as you continue to retain Services from Stash.