We guaranty 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 seconds of disruption.
If we fail to meet a guaranty 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: 5% of the Cloud Load Balancer Fees for each hour of downtime or part thereof, up to 100% of the Cloud Load Balancer Fees;
Definitions: For purposes of this Service Level Agreement:
"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 business days in advance, and that does not exceed sixty minutes in any calendar month.
You are not entitled to a credit if you are in breach of your services agreement with Rackspace (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 with Rackspace or your misuse of the Services. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within our control.
To receive a credit, you must request a credit via your Rackspace Cloud control panel 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.
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your Cloud Load Balancer 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 Agreement is part of your Cloud Terms of Service.