This page is about SimpliDrive, our enterprise object storage solution, delivered as part of it's public cloud product family.
SimpliDrive Service Level Guarantee (“SLG”) is a policy governing the use of the Object Storage Services (“Netmagic SimpliDrive”) under the terms of the Netmagic Master Service Agreement (the “NMIT MSA”) between Netmagic IT Services Private Limited (“NMIT”,) and users of Netmagic’s Services (“Customer”). This SLG applies separately to each account using SimpliDrive. Unless otherwise provided herein, this SLG is subject to the terms of the Netmagic MSA and capitalized terms will have the meaning specified in the NMITNetmagic MSA. Netmagic reserves the right to change the terms of this SLG in accordance with the MSA.
Netmagic will use commercially reasonable efforts to make SimpliDrive available with a Monthly Uptime Percentage (defined below) of greater than 99.5% during any monthly billing cycle (the “Service Commitment”). In the event SimpliDrive does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the Monthly Recurring Charges (MRC) for the month in which the downtime occurred in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit Percentage|
|99.99% to 99.95%||No Service Credit|
|99.94% to 99.90%||1%|
|99.89% to 99.80%||3%|
|99.79% to 99.70%||5%|
|99.69% to 99.60%||7%|
Service Credits shall be adjusted only in the event the affected services have experienced downtime. The Service Credits shall be applied against subsequent month/quarter Netmagic invoice. Service Credits shall not be accumulated, transferred or applied to any other account; Service Credits shall be the sole and exclusive remedy for any downtime experienced in SimpliDrive.
Credit Request and Payment Procedures
To receive a Service Credit, the Customer must submit a request by sending an e-mail message to email@example.com. To be eligible, the credit request must
- include Customer ID number in the subject of the e-mail message (the Customer ID can be found inside myNetmagic account);
- include, in the body of the e-mail, the date(s) and time(s) of each incident of outage that the Customer claim to have experienced;
- include the logs that document the downtime and corroborate the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and
- be received by Netmagic within seven (7) days after the end of the billing cycle in which the errors occurred. If, the Monthly Uptime Percentage applicable to the month of such request is confirmed by Netmagic and is less than 99.5% then the Customer shall be eligible for receipt of service credits as per this SLG.
Failure to provide the request and other information as required above will disqualify the Customer from receiving Service Credit.
Service Level Guarantee Exclusions
The Service Level Guarantee shall not apply to the following Performance issues:
- Caused by factors outside of Netmagic’s reasonable control, including Internet access or related problems beyond the demarcation point of SimpliDrive.
- That resulted from any actions or in-actions of the Customer or any third parties.
- Caused by a Force Majeure event.
- Planned / Scheduled Maintenance for which Netmagic had provide notice of forty eight (48) hours or more.
- Arising from our suspension and termination of your right to use SimpliDrive in accordance with the Netmagic MSA.