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Service Level Agreement

Last Updated: 19th November 2021

1. Objective

This Service Level Agreement (“SLA”) is to define the reference parameters for the provision of the Peplink SpeedFusion Connect (“Service”) and for monitoring the level of quality actually provided. The objective of the SLA is also to define the rules of interaction between Peplink and the Customer. This SLA is an integral part of the contract completed between Peplink and the Customer (“Contract”) and applies separately to each Customer and for each Contract.

2. Service

Peplink will make every reasonable effort to maintain network connectivity through SpeedFusion technology to compatible Peplink devices. The network will be deemed available if Peplink’s routers and/or servers are available and responding properly. Interruption means any interruption to the Service that is more than 1% of the monthly uptime percentage. In case an Interruption arises, Peplink may offer corrections, within a reasonable time, to the Customer under the terms and conditions of this SLA (“Correction”).

3. Planned Maintenance

Peplink will notify the Customer by releasing a post on Peplink’s forum about planned maintenance in the provision of the Service at least 24 hours in advance, with the exception of important security updates and patches which Peplink may deploy without prior notice.

4. Error Notifications

In case of an Interruption in the Service, the Customer may notify Peplink by filing a support ticket at https://ticket.peplink.com/ticket/new/public, and provide evidence showing the connection between the Interruption and Service. The Interruption is deemed to begin when the failure starts to affect the Customer’s use of the Service, and to end when the failure has been corrected. Peplink will notify the Customer about the Correction of the failure.

5. Customer Obligation

Customer shall be responsible to respond to Peplink’s reply without undue delay and enable us to perform Correction.

6. Sole Remedy

Corrections of Interruptions will be the sole remedy of the Customer for Interruptions or other failures in the Service. In case of a disagreement over the Correction to the Customer, Peplink’s decision on the issue will be binding and final.

7. Exclusion of Liability

Listed below are the conditions in the presence of which, despite the occurrence of any malfunction, the Customer is not entitled to any Correction, and Peplink shall not be liable for any of the following:

  • Due to a Force Majeure, i.e. events that, objectively, would prevent Peplink’s staff from intervening to perform the tasks set out by the SLA which are Peplink’s responsibility (merely by way of example and not exhaustive: strikes and demonstrations which block communication routes; pandemic; road accidents; wars and acts of terrorism, natural disasters such as flooding, storms, hurricanes, etc.);

  • Due to Customer’s delay in responding to our replies or Customer’s acts, omissions, negligence disabling Peplink from performing Correction;

  • Interruption due to the acts, omissions, negligence, mistakes, misuses, improper or inadequate maintenance, disconnections or anything alike of customer or third party, including but not limited to internet service provider(s);

  • Extraordinary interventions to be carried out urgently at the sole discretion of Peplink to avoid hazards to safety and/or stability and/or confidentiality and/or integrity of the virtual infrastructure created and allocated by the Customer and the data and/or information contained therein. Any execution of these measures will be communicated to the Customer via email sent to the email address provided when ordering with less than 24 hours notice, or at the start of the operations in question or in any case, as soon as possible;

  • Unavailability or blocks of the virtual infrastructure created and allocated by the Customer due to: incorrect use, incorrect configuration or shut-down commands, voluntarily or involuntarily performed by the customer;

  • Faults and malfunctions of application/management software provided or caused by third parties;

  • Non-fulfillment or breach of SLA due to the Customer;

  • Fault or malfunction of the Service, or their failure or delayed removal or elimination due to i) non-fulfilment or breach of SLA of Peplink or of our services provider(s) by the Customer or ii) to an abuse or illegal use of the Service by the Customer;

  • Failure by the virtual infrastructure to connect to the public network voluntarily, or due to the Customer;

  • Causes that lead to total or partial inaccessibility of the virtual infrastructure created and allocated by the Customer due to faults in the Internet network beyond Peplink’s perimeter, and therefore beyond its control (merely by way of example, failures or problems);

  • Planned Maintenance;

  • Failures in products or services which are not included in the Service;

  • Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Service;

  • Interruptions resulting from law and public authority enforced activities.

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