We guarantee that the load balancing service will be available 99.99% of the time in any given monthly billing period, excluding scheduled maintenance.
In the event of a Load Balancer failure, the system is to failover to a partner device. In this event, the failover is to result in less than 30 (thirty) seconds of disruption.
If we fail to meet a guarantee stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the Rackspace Cloud Load Balancer adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
Load Balancers: Five per cent (5%) of the Load Balancer Fees for each additional hour of downtime, up to one hundred per cent (100%) of the Load Balancer Fees;
Definitions: For purposes of this Service Level Guarantee:
"Load Balancer" means your unique load balancer instance;
"Load Balancer Fees" means the fees for your Rackspace Cloud Load Balancer for the monthly billing period in which the failure occurred and includes monthly instance, concurrent connections and bandwidth charges;
"Scheduled Maintenance" means maintenance that is announced at least ten (10) business days in advance, and that does not exceed sixty (60) minutes in any calendar month.
You are not entitled to a credit if you are in breach of your services agreement for the Rackspace® Cloud (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement for the Rackspace Cloud or your misuse of the Rackspace Cloud Load Balancers system.
To receive a credit, you must contact your the Rackspace Cloud account team within thirty (30) days following the end of the downtime. You must show that your use of the Rackspace Cloud Load Balancer was adversely affected in some way as a result of the downtime to be eligible for the credit.
This Service Level Guarantee is your sole and exclusive remedy for Rackspace Cloud Load Balancer unavailability.
Notwithstanding anything in this Service Level Guarantee to the contrary, the maximum total credit for the monthly billing period, including all guarantees, shall not exceed one hundred per cent (100%) of your fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
This Service Level Guarantee is part of your Agreement for the Rackspace Cloud, along with the Rackspace Cloud Terms of Service and Rackspace’s Acceptable Use Policy, and is subject to the terms and conditions stated in those documents.