Between Hotality IT Solutions Ltd (10464922) whose registered office is at View Point, Basing View, Basingstoke, RG21 4RG (the “Company”) and the “Client” whose registered office and name is shown on the invoice, quote, scope of works, or other such document.
This material and any part of its contents are the property of the Company. Without the express written consent of the Company, this material is not to be disclosed, duplicated or used, in whole or in part, for any purpose other than evaluation. This material shall be kept in a safe place at all times and shall be returned to The Company upon request.
1. DEFINITIONS AND INTERPRETATION
Client the person, company or other body purchasing the Solutions from the Company pursuant to the Contract.
Client Data any information that is inputted by the Client or provided by the Client to the Company as part of the Client’s use of the Services, including any information derived from such information.
Company Hotality IT Solutions Ltd (company number 10464922) whose registered address is View Point, Basing View, Basingstoke, RG21 4RG.
Contract a contract for the supply of the Solution
Hosted Replication virtual machine replicas hosted on the Company’s hardware
HOTBackup the Hotality IT Solutions Ltd backup solution
Solution any Software and/or Services as set out in the applicable Quotation or Contract.
Quotation an applicable quotation.
2. HOTBackup SOLUTION
The Company’s backup solution will function as follows:
On-Site backup storage – HOTBackup is able to communicate with the on-site storage repository, allowing the Client Data to be backed up and restored to and from the local storage with 99% uptime.
Off-Site backup storage – HOTBackup is able to communicate with the Company’s off-site storage repository, allowing the Client Data to be backed up and restored to and from the Company with 99.9% uptime.
Hosted Replication – Any compute, storage, hypervisor, network, and Internet connectivity functions hosted by the Company, required to virtualise the Client’s servers and applications, are guaranteed to function 99.9% of the time. The Company guarantees proper functioning of only the underlying infrastructure services.
The Company uses a variety of external and internal monitoring devices for the purpose of maintaining and measuring service availability and functionality. The Company reserves the right to periodically change the measurement points and methodologies it uses without notice.
Scheduled or emergency maintenance or upgrades announced at least 1 hour in advance, provided that such maintenance does not continuously last more than 1 business day.
Failure of third party software, including any software licensed by the Company, such as Veeam Backup & Replication, StorageCraft ShadowProtect, etc…
The software initialisation, maintenance, or reboot sequences of any third party software that causes services to be unavailable.
Failure of any software provided by the Client to the Company, including but not limited to operating systems, applications, and software licenses.
Failure of third party network circuits or Internet connections or services, unless such failure is caused solely by the Company or our contracted networking providers.
Failure caused by infrastructure outside of the Company’s control (including failure of any equipment not owned by the Company), or failure of software running on infrastructure outside of the control of the Company. For instance, backup failures due to the failure of the operating system of a user’s computer that is being backed up.
Failures caused by the misconfiguration or incorrect settings of any product or software that connects to or communicates with the Company’s backup services.
The Client not knowing their password, passphrase, or encryption key, or not being able to recover their passphrase or encryption key for any reason.
False or incorrect outages resulting from errors made by any measurement system.
Acts or omissions of those not under the direct control of the Company, including without limitation, any negligence, willful misconduct, or misuse of applicable contractual agreements.
Circumstances beyond the Company’s reasonable control. Such circumstances include, by example but not limitation, force majeure events, war, terrorist activities, acts of governmental bodies, acts of God, sabotage, attacks by hackers, fire, flood, or strike or other labour disturbance.
Nevertheless, the Company will make commercially reasonable efforts to ensure that the services are not interrupted by any of the foregoing reasons.
The Company reserves the right to update this SLA at any time without notice by posting an updated version. The terms within the Master Services Agreement also apply to any Solution. Where any conflicts occur, the terms and clauses as defined in this document take precedence. The SLA that was current at the time of any failure incident will govern.