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Kaluari Cloud Backup Service Level Agreement

1. General Performance Standards:

Beginning from the Execution Date, Kaluari Limited ("the Company"), shall use best efforts to ensure that it operates at levels of the service levels outlined in this service level agreement (SLA) . 

1.1. Defined Terms

All defined terms used in this SLA and not defined in this SLA shall have the meaning ascribed to it in the Terms and Conditions on Kaluari’s website. 

1.2. Applicable Service Levels

During the Term of the Agreement, the Company shall provide a 99.8% Monthly Uptime (defined below) of the services to the Client

1.3. Exclusions

While the Company shall make best efforts to rectify all the issues in Kaluari Cloud Backup, the SLA commitments made under this SLA shall not be applicable to issues caused by:

1.3.1. the Client using Kaluari Cloud Backup in a way that is not recommended by the Company.

1.3.2. the Client and/or User making unauthorized changes to the configuration or set-up of Kaluari Cloud Backup

1.3.3. Unsupported equipment, software, or other services. 

1.3.4. Any reason which is beyond the control of the Company.

1.3.5. Hardware, software or services provided to Company by third party providers.

1.3.6. Suspension and termination of the Client’s and/or User’s right to use Kaluari Cloud Backup in accordance with the Terms of Use.

1.3.7. Network problems external to the Company’s systems which are beyond the control of the Company.

1.3.8. "Scheduled Downtime" to complete maintenance of the Company systems.

1.3.9. Force Majeure conditions.

1.3.10. Targeted attacks on Kaluari Cloud Backup by anyone.

1.3.11. Distributed Denial of Service attack originating from any server.

1.3.12. A sudden burst of requests (at least 5x greater than previously known volume for the time window) not in line with the previously known traffic patterns.

1.3.13.Violation of fair or projected usage patterns by clients.

1.4. Uptime

Monthly uptime shall be the percentage of total possible minutes for which Kaluari Cloud Backup was available to the Client (“Monthly Uptime”). Monthly Uptime shall be calculated by subtracting the number of downtime minutes from the total possible minutes in a given month.

1.5. Service Credits

In the event the Company fails to provide the Client the Monthly Uptime guaranteed herein above, upon a claim by the Client within thirty (30) days of the relevant month end, the Company shall refund to the Client

1.5.1. 10% of the total invoice charges for the affected month if the Monthly Uptime percentage for any calendar month is between 98.0% and 99%; or

1.5.2. 25% of the total invoice charges for the affected month if the Monthly Uptime percentage for any calendar month is between 95.0% and 98.0%; or

1.5.3. 50% of the total invoice charges for the affected month if the Monthly Uptime percentage for any calendar month is less than 90.0%

2. Kaluari’s Support Response and Resolution Time SLA

Kaluari Support Response and Resolution Time SLA (the “Support Terms”) describes our current  support policies for the Services.

Subject to Client’s payment of the applicable Subscription Fees and Client’s compliance with the Agreement, Kaluari will provide the following Support Services with respect to the priorities: 

2.1. Support Commitment

2.1.1. Definitions

“Priority 1” (“P1”) – A P1 is a production Incident within the Service that severely impacts the Client’s ability to push/process/trigger backup within 12hrs.

“Priority 2” (“P2”) – A P2 is a major Incident within the Service where the Client’s backup agent is unable to complete a backup job.

“Priority 3” (“P3”) – A P3 is a medium-to-low impact Incident that affects only restoration process.

“Priority 4” (“P4”) – A P4 is a general error or minor interruption caused by network connectivity.

2.2. Client Obligations

The Client shall provide commercially reasonable cooperation and full information to Kaluari with respect to the furnishing of Support Services. Clients shall designate one or more support contacts that are authorized to engage Support Services

2.3. Kaluari Obligations 

Kaluari will use commercially reasonable efforts to respond to Incidents as set forth below in the INCIDENT PRIORITIES AND INITIAL RESPONSE TIMES table to the extent such Incidents are not the result of Excluded Services, all as reasonably determined by Kaluari:

2.4. Incident Priorities & Initial Response Times

Incident Priority Support Availability Initial Response Time Resolution Time
Priority 1 24 hrs X 7 days a week 15 mins Within 1 hour
Priority 2 24 hrs X 7 days a week 1 hours Within 4 hours
Priority 3 Local business hours(8am to 5:00pm) 4 hours Within 12-24 hours
Priority 4 Local business hours(8am to 5:00pm) 8 hours Within 24-48 hours

For urgent or critical matters, please follow our escalation Matrix:

1. Level 1: Email at support@kaluari.com

2. Level 2: Call on our Support - Tel: +254-728-999222

3. Level 3: Call your Account Manager

4. Level 4: Call Cloud Solutions Manager

3. Escalation Matrix

Level P4 tickets P3 tickets P2 tickets P1 tickets
Level 1 Email support with a description of the issue. Email support with a description of the issue. Email support with a description of the issue. Email support with a description of the issue.
> 1 hour > 30 min > 15 min > 15 min
Level 2 Call +254 728 999 222 Call +254 728 999 222 Call +254 728 999 222 Call +254 728 999 222
> 12 hours > 4 hours > 2 hours > 1 hours
Level 3 Call Account Manager Call Account Manager Call Account Manager Call Account Manager
> 12 hours > 4 hours > 2 hours > 1 hours
Level 4 Call Cloud Solutions Manager Call Cloud Solutions Manager Call Cloud Solutions Manager Call Cloud Solutions Manager
> 36 hours > 12 hours > 4 hours > 4 hours

Kaluari may modify these Terms at any time in its sole discretion, by posting a revised version on our website.

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