1. Purpose and Scope.
1.1. This document ("SLA") aims to define the guaranteed parameters and service levels that ABILIX SOFT LTD, hereinafter referred to as "PROVIDER," directly provides for colocation services in the data center or for IP/L2/L3 transmission services.
1.2. This SLA is an integral part of the contract between the PROVIDER and the CLIENT, together with the General Terms and Conditions for Colocation Services, Acceptable Use Policy, and Data Center Access and Behavior Rules.
1.3. Services provided to the CLIENT by PROVIDER's partners are explicitly excluded from the scope of this agreement.
2. Definitions.
2.1. "CLIENT" is a legal entity, validly incorporated under Bulgarian/European legislation and duly registered in the relevant registries;
2.2. AC☁DC or "PROVIDER" is the legal entity "Abilix Soft" Ltd., with registered office and address: Varna, Mladost district, 12 Petko Staynov str., building 9 / loading ramp; email address: office@acdcbg.com
2.3. "Service" is any colocation service (space, cooling, power supply, network connectivity, etc.) or other service (IP, L2, L3) provided by the PROVIDER.
2.4. "Service Availability" is the percentage of time during the relevant period (month, year, etc.) during which the service operates and is accessible to the CLIENT with normal parameters. It is measured in percentages and rounded to the third decimal place.
2.5. "Downtime" is the period during which the service has not been available or was substantially unavailable due to PROVIDER's fault. It is measured in percentages and rounded to the third decimal place.
2.6. "Response" - the time from confirmation/validation of an emergency report form to the start of work on it;
2.7. "Incident" means an unforeseen interruption or degradation of the service's performance, affecting the CLIENT and requiring the PROVIDER's intervention to resolve.
3. Guaranteed Availability and Issue Tracking.
3.1. Guaranteed Availability. The PROVIDER ensures a minimum guaranteed service availability according to the SLA value agreed with the CLIENT.
3.2. The availability and quality of services become active after payment of the respective monthly installments/invoices as per the parameters described in the Order/Request.
3.3. The PROVIDER's liability is limited/capped to the amount of the monthly fee. If the quality of one or more service parameters is violated due to PROVIDER's fault, the CLIENT has the right to receive compensation in the form of a reduction of the monthly fee/penalty. Unless otherwise agreed in their tariff plan, the compensation is calculated as a percentage of the monthly fee, as described in this document.
3.4. Availability Calculation.
Availability is measured as a percentage and calculated by the formula:
(Total Time – Downtime) / Total Time × 100
3.5. Progress Updates on Issue Resolution. The CLIENT is entitled to receive timely information (by telephone or email) on the progress of restoration efforts and related activities.
4. Planned Maintenance.
4.1. Planned Outages. The PROVIDER has the right to carry out planned maintenance, which may cause temporary interruption or degradation of services.
4.2. Notification. For planned outages, the PROVIDER notifies the CLIENT at least 48 hours in advance (or another period specified in the contract). This downtime is not considered as “downtime” in the availability calculation.
5. Penalties for Deviation from Guaranteed Availability as a % of Monthly Fee
5.1. Penalties for Internet Access Service.
5.1.1. For services in the Reserved Internet class, the availability time is 99.7%, calculated monthly.
5.1.2. For services in the AbsCloud DDOS Protected Internet class, the availability time is 99.9%, calculated monthly.
Penalty for Deviation from Guaranteed Availability as % of the Monthly Fee
| Availability in % | Penalty for AbsCloud DDOS Protected Internet | Penalty for Reserved Internet |
| From 99.90% to 100% | None | None |
| From 99.70% to 99.89% | 5% | None |
| From 98.80% to 99.69% | 15% | 5% |
| From 98.1% to 98.79% | 25% | 10% |
|
Below 98% |
50% | 15% |
If the service has been partially degraded, the penalty is reduced proportionally to the percentage of availability.
The service can be partially available only when this is explicitly defined in its description.
5.2. Penalties for Layer 2 and Layer 3 Services
5.2.1. Guaranteed availability for protected services – 99.8%
5.2.2. Guaranteed availability for unprotected services and services protected by an alternative path – 99.0%
Penalty for Deviation from Guaranteed Availability as % of Monthly Fee
| Availability in % | Penalty for Protected Services Deviations | Penalty for Unprotected Services and Services Protected by Alternative Path Deviations |
| From 99.80% to 100% | None | None |
| From 99.00% to 99.79% | 5% | None |
| From 97.00% to 98.99% | 10% | 5% |
| From 95% to 96.99% | 15% | 15% |
| From 0 to 99.499% | 30% | 25% |
5.3. Penalties for Other Services. The following table applies to services not mentioned above:
Penalty for Deviation from Guaranteed Availability as % of the service's monthly fee
| Availability in % | Penalty for Deviation |
| From 99% to 100% | None |
| From 97.00% to 98.99% | 5% |
| From 95% to 96.99% | 15% |
| From 0 to 99.499% | 25% |
6. Other Terms.
6.1. The PROVIDER is responsible for the quality and reliability of the services up to the point of delivery.
6.2. Unless otherwise agreed for the service, or if the service is provided by a third party, it is compensated proportionally for the month.
6.3. The PROVIDER is not liable for service quality breaches due to:
6.3.1. Problems in third-party operator networks, including global internet providers, local connectivity disruptions, or the CLIENT's own network.
6.3.2. Interruptions or interference due to force majeure (disasters, wars, strikes, etc.).
6.3.3. Interruptions caused wholly or partly by actions/inactions of the CLIENT (incorrect configuration of their equipment, late payments, violation of the Acceptable Use Policy, etc.)
6.3.4. Planned maintenance activities mandatory due to extraordinary technical necessity, provided PROVIDER notifies the CLIENT promptly.
7. Procedure for Receiving Compensation.
7.1. Claims for receiving a penalty under the preceding sections must be submitted in writing by the CLIENT to the PROVIDER within 30 days after the end of the accounting period in which the service quality violation was established.
7.2. The total amount of penalties for a period during which availability is calculated for individual services cannot exceed the total sum of all fees for the same period.
7.3. The PROVIDER is obliged to review the request for penalty and issue a written response within 30 working days.
7.4. If the claim is justified, the PROVIDER issues a credit note. Penalty offsetting is allowed only with mutually expressed written consent between the parties.
7.5. The PROVIDER is not responsible for limiting or discontinuing services where caused by actions of the CLIENT or their authorized persons.
8. Entry into Force of Amendments.
8.1. This Service Level Agreement takes effect from the date of signing the contract and/or Order/Request.
8.2. The PROVIDER reserves the right to amend this SLA by publishing it on the website (https://acdcbg.com) and/or to electronic addresses provided by the CLIENT, at least 14 days before the effective date of the changes.
8.3. The CLIENT is considered to have accepted the changes under item 9.2 unless, before the proposed effective date, the CLIENT notifies the PROVIDER that they do not accept the changes and/or payment is not made under the issued/new terms invoices.
9. Final Provisions.
9.1. This Service Level Agreement (SLA) is an integral part of the Framework Contract for colocation services and applies together with the General Terms and Conditions for Colocation Services, Acceptable Use Policy, and Data Center Access and Behavior Rule.
9.2. All definitions not explicitly defined in this Agreement shall have the meaning given to them in the General Terms or the individual Framework Colocation Service Agreement.
Return to the General Terms and Conditions
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