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Last revised 30 March 2018
The Wasabi Hot Cloud Storage (Wasabi) Service Level Agreement (“SLA”) is a policy governing the use of Wasabi under the terms of the Wasabi Customer Agreement (the “Wasabi Agreement”) between Wasabi and users of Wasabi’ services (“you”). This SLA applies separately to each account using Wasabi. Unless otherwise provided herein, this SLA is subject to the terms of the Wasabi Agreement and capitalized terms will have the meaning specified in the Wasabi Agreement. We reserve the right to change the terms of this SLA in accordance with the Wasabi Agreement.
Wasabi will use commercially reasonable efforts to make Wasabi available with the applicable Monthly Uptime Percentage (as defined below) during any monthly billing cycle (the “Service Commitment”). In the event Wasabi does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you for Wasabi for the billing cycle in which the error occurred in accordance with the schedule below.
For all requests not otherwise specified below:
We will apply any Service Credits only against future Wasabi payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from Wasabi. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Wasabi Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Wasabi is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim to email@example.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the applicable Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Wasabi SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Wasabi, or any other Wasabi performance issues: (i) that result from a suspension described in Section 6.1 of the Wasabi Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Wasabi; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); v) that result from Wasabi scheduled maintenance activities; or (vi) arising from our suspension and termination of your right to use Wasabi in accordance with the Wasabi Agreement (collectively, the “Wasabi SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.