Leaseweb offers a 99.99% availability target for Public Cloud Services based on network and host node availability (“Public Cloud Availability Target”). The Public Cloud Availability Target is applicable to each Instance separately. The Public Cloud Availability Target does not apply to the accessibility of the Leaseweb website, Customer Portal or API.
The Public Cloud Availability Target only applies to network and Instance availability under normal use and it does not apply to software availability target. The Public Cloud Availability Target is not applicable when scheduled maintenance occurs with a minimum of a seventy - two (72) hour notice, or in case a time-critical patch/update must be applied.
For each individual Instance, Leaseweb will use commercially reasonable efforts to make the Instance available with the Public Cloud Availability Target during the Monthly Billing Cycle. In case any Instance does not meet with the Public Cloud Availability Target, the Customer shall be eligible to receive a Service Credit as described below.
| Public Cloud Availability Target | Service Credits | Downtime per month |
|---|---|---|
| 99.90 % - < 99.99 % | 10 % | 43 min and 50 sec < 4 min and 23 sec |
| 99.00 % - < 99.90 % | 25 % | 7 hours 18 min 17 sec < 43 min and 50 sec |
| 95.00 % - < 99.00 % | 50 % | 36 hours, 31 minutes and 27 seconds < 7 hours 18 min 17 sec |
| < 95.00 % | 100 % | < 36 hours, 31 minutes and 27 seconds |
Service Credits are calculated as a percentage of the monthly invoice from Leaseweb to Customer for the Instance that did not meet the Public Cloud Availability Target. Service Credits are applied only against future payments for Public Cloud Services. Service Credits are refunded only on Instances which are in running state, not on Instances which are in a stopped state. Service Credits will not entitle Customer to any refund or other kind of payment from Leaseweb. A Service Credit will be applicable and issued only if the credit amount for the applicable Monthly Billing Cycle is greater than EUR 1 (one euro). Service Credits may not be transferred or applied to any other account of Customer.
In case Leaseweb failed to maintain the service level of the Instance, the Customer may request a Service Credit pro-rata to the amount of downtime in a given Monthly Billing Cycle. The Service Credit of the Customer can be equal to, but may not exceed, 100 % (one hundred percent) of the Customer's Monthly Recurring Fees for the Instance affected. The Customer may not redeem the Service Credits (e. g. for cash). A Service Credit will be applicable and issued only if the credit amount of the applicable Monthly Billing Cycle is greater than EUR 1 (one euro). The Customer may request the Service Credit within five days from the date of the event via the Customer Portal with the exact dates and times. The Service Credits will be applied to the Customer’s account within 60 days (sixty days) from the request.