1. HOW DOES THIS SERVICE LEVEL AGREEMENT WORK?
You will be asked to sign a "Procedure for Service" document which RAX will prepare depending on the services which will be provided. The “Procedure for Service" includes all components of the service that you wish to be included and the associated costs. The “Procedure for Service" includes the entire agreement and guarantees of the delivery of services (SLA), which include "Basic Agreement" (General Service Agreement), "Conditions for Use of Services" (Terms of Service) and “Limits on Use of Services” (Acceptable Use of Policy). It may also include additions to the SLA if requested services by the client require Rax.bg LLC more conditions. The word "agreement", refers to any of the above mentioned interrelated documents. The agreement shall be enforceable once the "Procedure for Service" document has been issued.
Conditions of Service (Acceptable Use of Policy): Acceptable Use of Policy are published on our website. They can be reached from the homepage of Rax.bg through link "Service Level Agreement" and in the order form.
Software: Software refers to the operating system (OS) and other programs installed on our servers. As our customer, you have the right to use the software provided by RAX. This software is copyrighted and is the property of Rax.bg LLC or other third parties. If we use any software owned by a third party, this will be clearly indicated. If any technical and other support is necessary for software owned by a third party, understand those companies are not bound by this agreement. Furthermore, Rax.bg is not responsible for the software and/or programs produced and/or installed on servers not owned or operated by Rax.bg LLC Please other forms of payment for use. Such relationships are entirely your responsibility and Rax.bg may not be hold liable.
Hardware (Equipment): Servers, virtual servers, or shared space that you use as our customer includes high-quality components. They are 100% owned by Rax.bg and made available for our customers to use, unless a contract explicitly states otherwise. The customer is responsible for the equipment and any loss or damage that may occur while in use. If any of the hardware components of the server fail under normal use conditions, RAX will temporarily remove the parts from use in order to replace or repair the component.
RAX issues a principled commitment to get the server back online within five (5) hours if the damage happens during the regular business hours of 9:00 am (EET) to 5:00 pm (EET) on weekdays. Failure to restore the server within this five hour period will result in a credit for services. The credit amount may not to exceed thirty times the amount of forced interruption. The client is entitled to receive compensation in a form of credit to account or as one service month.
"Emergency break" (Downtime) is the total number of minutes that had interruption service. This price is calculated based on monthly fee any customer pays for use service Rax.bg.
If the customer prefers to obtain a credit, its amount is calculated based on the service plan. The credit cannot exceed the monetary value of one service month. If, for whatever reason, interruption of the services described above, significantly exceed the equivalent of one month’s service, Rax.bg can compensate customers by reducing the monthly fee for additional periods of time.
This part of the General Service Agreement applies exclusively to Dedicated servers and equipment owned by Rax.bg. These terms conditions do not apply to hardware, servers and equipment owned by the customer, which are colocated in RAX data center. Please also note that the standards and deadlines for the restoration of any interrupted service are based on regular weekday business hours. Outside of those hours, it is very possible that the deadline for the restoration of interrupted service could be extended considerably. Because of various circumstances relating to third parties, Rax.bg does not guarantee the time period in which to identify and remedy problems in the hours after 5:00 PM.
Please also note that the internal standardized method which Rax.bg utilizes to identify and repair hardware problems with your server should not take more than two (2) hours. Since this agreement regulates the legal relations between Rax.bg LLC and our customers, we aim to be extremely precise in assuaging any problems with service operations and are always looking to provide for the most expedient method of recovery.
Identification of a Failure: This is a process which RAX verifies which component(s) that have caused an interruption of service or any server hardware failure. This process starts from the moment the server or hardware component is uninstalled and ends until the problem has been fixed. The maximum period for this verification is two (3) hours.
Standard business hours: This is the time period between 9:00 am and 5:00 pm. This time period refers to the time zone (GMT +2) where RAX servers and other equipment in use is physically located.
Third party software: Please note that the software programs and property of third party that are not installed on Rax.bg servers may require technical and other support from producers or copyright holders. Any additional cost for maintaining software and programs owned by third-parties is the sole responsibility of the customer.
Net (Network): The RAX network is designed to ensure a high level of performance, usability and availability of service. Rax.bg guarantees 99.995% network utilization (virtually 100% uptime). Downtime of the network (Network Downtime) is defined by this agreement as a 100% loss during transmission of data (data packets) from the server(s) of the client, located in a data center and/or RAX network to the nearest internet backbone server. Please keep in mind that network is defined as what Rax.bg owns: the C class IP (Internet Protocol) network of servers utilized by our customers.
100% guarantee (Network Uptime): RAX will reimburse 5% of the monthly fee paid for use of hosting services for every 30 minutes that there is a disruption in the availability of the network (network downtime), the maximum amount of credit hosting account you can reach 100% of the fee paid by you to use services that were not available.
Managed Hosting: The customers of RAX Managed Hosting services are eligible to receive priority access to special services including technical support which can help resolve any technical problems faster and ensure a higher level of hosting service and the fastest possible service. Using Managed Hosting services is to the advantage of Rax.bg LLC customers who are then able to use the technical expertise of RAX for any aspect their relationship with the company. It includes tips and advice on choice of hardware, software configurations and comprehensive hosting solutions.
Interruption of service: "Interruption of service" or "Service disruption" includes inability to be use HTTP, POP3, SMTP, FTP, SSL and DNS on the way in which they were configured for our customer.
"Emergency break" (Downtime): This is defined as an interruption of service for at least 10 minutes.
"Forced break" is when the server or servers are not available through standard means of communication in the internet, or trying to reach the RAX network from the nearest internet backbone when the service (equipment) is able, but not functioning.
Response: The services defined above are subject to guarantee; breaks in service will be restored to normal usage within four (4) hours from the identification and validation of the forced interruption by a team member of Rax.bg.
Credit: In a case where there is a forced interruption of service for more than four (4) hours because of problems with the network, rather than hardware, the customer may request to receive financial compensation in a form of credit into account, equal to 25 times the amount of the the actual forced interruption of network availability.
The financial compensation will be applied to customer's account no later than the end of next working month, unless there have been additional circumstances which require technical expertise or other documentation necessary to clarify the situation of forced interruption. Rax.bg may decide to accelerate or slow down the payment of cash compensation if the delay is a result of circumstances which not provided for in this agreement.
Monetary compensation will be paid no later than the end of next working month, unless there have been additional circumstances which require technical expertise or other documentation necessary to clarify the situation of forced interruption. RAX may decide to accelerate or slow down the payment of cash compensation if the delay is a result of circumstances which not provided for in this agreement.
Copies of Data (Backup): RAX customers should understand that maintaining copies of customer data is not part of the service provided by our virtual private servers (VPS), cloud servers (VDS), dedicated servers, or managed servers hosting services, unless this is expressly written into a contract. If the customer does not explicitly record said specification into a contract clause that RAX is not obliged to make a copy of the information stored upon the server and therefore will not take responsibility for any loss of information the customer had stored on servers. RAX customers using servers and managed servers are aware of the fact that they are responsible for having copies of their data outside these servers.
This includes any loss of data due to hardware failure or any other type of system error. In cases of data loss when the customer has no explicit clause for Rax.bg to provide a copy of the information, RAX shall not be liable for any damages that the client suffers as a result of loss of information. To better serve its customers and to minimize risks for any loss of information, Rax.bg offers standard server configurations in which customer information is secured with 2 (two) or more information media (hard drives, HDD).
Document for entry into service (Service Order): This is either a paper document or a submitted web form in which the conditions and standards of the described services and the resulting products utilized are specified. Any service provided must have the necessary “Proof of Commissioning”. This is document which shall be signed by you, or an authorized representative, our customer. In web pages under the Rax.bg for domain "service commissioning" submitted by the client to Rax.bg LLC through the Order Form. These forms contain a box "I agree with this agreement and the guarantees of the delivery of services" (the Agreement) which once the document has been completed and submitted, the client has stated compliance with the Agreement.
Disk space (Disc Space): The word "disk space" mean the space of a hosting account physical location of disk arrays on servers Rax.bg LLC
Data transfer (Data Transfer/Bandwidth): Data transfer is the total amount of information placed (uploaded or downloaded) into your hosting account or instance (virtual or physical) by an agent who is outside the RAX network. When internet users visit your web pages, your hosting account to your computer sends data to the visitor. This data may include web pages, photos, videos, sound files, software programs, compressed files and anything else you may apply to your webpages and / or may be placed or downloaded from your account. The more visitors you have on your website, the more general transfer of data through your hosting account.
Restrictions (Limitations): Only clients with managed hosting services provided by Rax.bg will be extended the package of guarantees known as the "Managed Hosting Guarantee” as defined in the Agreement. Restrictions and safeguards are in place if service is unavailable and/or there is an involuntary interruption of service due to a problem in the hardware that serves the stability of the network services and other internet components that are outside the RAX network. This includes such components or network services that Rax.bg customers use to get to the internet. Any monitoring systems that are not part of the Agreement or not enrolled in a contractual relationship with RAX cannot be used as a tool for screening nor for used as evidence of the condition of a service. Data retrieved from such monitoring systems cannot be used to evaluate terms of this Agreement or any contract RAX has with a customer.
Guarantees and compensation protected in this Agreement do not apply in any case where there is an attempt to damage or remove non-built components of the Rax.bg network or the customer’s equipment. In the presence of a serious hardware problem, response times to a customer can be increased by one (1) hour, if such time is needed to solve the problem or to identify the fault. Customers are obligated to notify RAX if a third party in anyway attempts to harm the usage of service. Upon notification RAX will send a confirmation of receipt. This includes the acquisition by a third party direct access to the equipment of the customer.
Customer must prepare documentation which affirms the disruption of regular activity of from a third party that comes from at least two (2) different trace routes made up of different and independent points. Any interruption of service (Downtime) will be measured from the time the customer has reported the forced interruption of service to Rax.bg electronically or by phone call, if for some reason the system is not accessible use. The end of the forced interruption of will be measured in time until the point in which the customer may use all its components.
In the presence of an involuntary interruption of service under the procedures of this Agreement, the customer must notify Rax.bg within five (5) working days of such a situation and provide information about it via email or in writing by documents sent by registered mail to the mailing address of Rax.bg - 18 Atanas Uzunov Str., Apt. 16, Sofia 1505, Bulgaria. If this deadline is not met, the customer loses the right to any compensation recorded in the current agreements.
Any customer who chooses not to use monitoring instruments or limit their usage does so with the understanding that this customer of Rax.bg automatically loses the right to receive the compensation provided for under this Agreement.
3. Obligations Of Rax.bg
Depending on your choices specified in the Agreement and to the extent to which our criteria covers the technology, Rax.bg will create and provide IT hosting services as defined by the standards secured in the Agreement. RAX will also provide a range of additional services and products according to any requirements a customer may have.
RAX will comply with the strict procedures and regulations instituted under the Agreement as it is these parameters which allow us to provide the highest possible quality services to our customers.
According to the types of services you commission and in accordance with the contractual relationship between you and RAX in the Agreement, we will gladly provide you with the technological expertise and assistance with your internet projects.
4. Obligations Of The Client
You, as a customer, have agreed to use the services of Rax.bg and understand the necessary level of security and caution, including the sharing of information and documents with RAX, storing data on the server(s) that you use. Moreover all customers are required to comply with the legislation that governs the applicable content on the servers that are used, and will follow strictly the Acceptable Use Policy (AUP) of Rax.bg. As our client you are obliged to cooperate with each Rax.bg warranted investigation of a forced interruption of service, security problems, and any other violations of this agreement.
You agree to provide the accurate information to RAX, so that both parties can benefit from correct documentation, including the collection of necessary taxes (VAT) and charges for licenses, etc. You also may need to collaborate with Rax.bg on cases in which law enforcement requires information relating to the contents of the server(s) which you use.
Customers must provide correct and accurate information within the customer profile, including that which relates to financial dealings with Rax.bg LLC Customers of RAX will be required to pay all service charges and liabilities arising from using the services of Rax.bg which are clearly described in the “Service Order" form signed by you or activated once you submitted the completed order form electronically.
5. What Does Rax.bg Not Guarantee
RAX does not promise that the service will never be interrupted or delivered without accidents or errors. You, as our customer, acknowledge that there are risks inherent in internet connectivity, which can ultimately lead to loss of confidentiality of data you and the ownership of the content on your servers.
Rax.bg refuses to take specific or comprehensive safeguards on matters which are not described in the Agreement (SLA). Customers are fully responsible for whether or not selected services are suitable for the intended activities and achievements. If you signed a contract that expressly provides for additional services or products at any given time, RAX will provide them based on their presence and specific opportunities at the date of such request.
RAX does not promise, and assumes no obligation to make a copy of your information (Backup), unless such service is not ordered from you and does not appear as part of the services you use and/or is not part of the "Service Order "signed by both parties. We do not promise and are not required to work on the recovery of your lost information that we were not obliged to secure under this Agreement.
6. Unauthorized Access To Your Data
RAX is not responsible for unauthorized access to your data through your account by third parties, unless they are the result of our error or technical failure in securing the services we provide as listed in standards of the Agreement. You are fully responsible for the use of RAX services rendered by your employees and/or others who may have access to your account and servers. Customers will shoulder full responsibility for any eventual damage and interruption of service due to the negligence shown on their side.
The initial period/subscription begins at the time of signing the "service commissioning" order form. It is indicated as the dates in which RAX begin to provide the service as agreed upon by the customer. Before the expiration of a contract Rax.bg can offer an extension, which may include adding or deleting clauses to the previous agreement. If neither of the two parties requires a renewal of contract with changed conditions, the contract automatically continues as previously stated in the Agreement as a month to month period. In the absence of a signed new contract, the previous agreement governs all relations between the two parties for each subsequent one-month period unless either party sends a written 30-day notice of termination of this relationship.
All installation charges (setup fees) and any other fees necessary for entering into service must be paid within three (3) working days after signing the "service commissioning" order form. The first monthly payment is due prior to activation. Service fees for each additional month must be paid to RAX within three (3) working days of the monthly due date determined by the actual date of activation. Customers who are part of an automated payment system will be charged on the due date or up to five (5) working days thereafter. If fees result from the use of various additional services or the use of higher quotas for data transfer, etc. those will be charged during the month following that in which the service was used.
All fees must be paid on time. Rax.bg LLC reserves the right to terminate service if payment has not been made within five (5) working days after the last period. This termination extends to any other related services the customer may have as well. Customers are responsible for any reactivation fees, if any exist. Late payments will accrue interest charged by RAX. The rate is 1.5 percent per month and is charged for each day on the arrears. For all payments overdue by more than 30 days, in which Rax.bg LLC finds it necessary to collect by legal means, the client pays all expenses incurred by the provider for the collection of duties, including expenses for legal fees.
If a bill for services is paid by check or credit card and the bank refuses payment because of insufficient funds Rax.bg LLC will require payment of an administrative fee appropriate to the costs of receiving payment.
If the fee the customer pays to Rax.bg LLC. is for services on a contract which has expired, RAX reserves the right to increase the fee for the use the services but will not do so without sending the client written notification at least 30 days before the payment due date of the new increase.
If Rax.bg LLC becomes required by law to pay any fee or tax, arising from the use of customer service, the customer is obliged to cover costs incurred.