BEST EFFORT SLA SERVICE OFFERING FOR THE UBLION PUBLIC CLOUD

Ublion is a brand of Cocon BV
Paradijslaan 32, Eindhoven, The Netherlands
Chamber of Commerce: 66318874, VAT: NL856492838B01

The Ublion format to format services are covered by best effort service delivery and restoration.

When we say “best effort”, we mean that Ublion will use its best, commercially reasonable efforts to meet our obligations and promises to you, the customer. Please note that the add-on services and private cloud services are not subject to our best effort service standards.

Best Effort Service Delivery
The Ublion format tot format Public Cloud services under Best Effort Service Offerings follow the model of best effort service delivery, which is how Ublion services reach you, the customer. Best effort service delivery is limited by the following:

  • Ublion does not guarantee that data delivered through our Internet services will reach its destination, nor do we provide Quality of Service (QoS) controls to ensure delivery. If guaranteed delivery is desired, the customer must obtain an Ublion add-on or Private cloud offering.
  • Ublion does not provide a guarantee of uptime or availability of service, nor any guarantee of financial restitution or other remedy for a disruption of service. If a guaranteed uptime or availability is desired, the customer must obtain an Ublion Private cloud offering.
  • Ublion does not guarantee a 100% successful format to format conversion service. If 100% guaranteed conversion is desired, the customer must obtain an Ublion Private Cloud offering.
  • Ublion will make a best effort attempt to provide the service maximum throughput and performance; however speed is not guaranteed. Technical considerations may limit the available processing time. If guaranteed speed is desired, the customer must obtain an Ublion add-on or Private cloud offering.
  • Ublion does not actively monitor the status of a customer’s connection. It is the customer’s responsibility to report trouble with services to Ublion Support at support@ublion.com. If pro-actively monitoring is desired, the customer must obtain an Ublion add-on or Private cloud offering.

Best Effort Restoration of Service
All Ublion Public Cloud format to format processing services follow the model of best effort restoration of service. In the event of a service disruption, it is the customer’s responsibility to contact Ublion at support@ublion.com to report the problem. As Ublion does not actively monitor the status of a customer’s connection, we may not be aware that a problem exists. Once informed, Ublion will make a best effort attempt to restore service.

Best effort restoration of service consists of:

  • Ublion will make a best effort attempt to restore service as quickly as is feasible.
  • Ublion does not guarantee a specific restoration timeframe.
  • Ublion is responsible for service delivery to our point of demarcation only.
  • Ublion will respond to customer premises trouble (trouble affecting a single customer) during normal business hours CET (Monday through Friday, 8:30am to 5:00pm) only. Ublion does not offer after-hours repair services for Public Cloud users.
  • Repairs will be conducted in accordance with the standards practiced by Ublion. Ublion does not provide a guarantee that work performed will meet customer expectations.

Except for the express warranties stated above AND IN THE APPLICABLE TERMS BETWEEN Ublion AND YOU (WHETHER POSTED ON UBLION’S WEBSITE OR IN THE APPLICABLE AGREEMENT BETWEEN YOU AND UBLION), Ublion and its affiliates expressly disclaim all warranties, either express, implied, statutory, or otherwise, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.