Rackspace escapes ASA wrath over "100% uptime" claims
Regulator finds in favour of cloud provider's '100 per cent uptime guarantee'.
Cloud service provider Rackspace has been cleared by an advertising standards regulator to continue using its "100% Uptime Guarantee" slogan in its marketing materials.
A single complaint was made to the Advertising Standards Authority (ASA) by an unnamed party regarding the sponsored search advert, which described Rackspace as “The World Leader in Cloud Computing & Hosting" and promised a "100% Uptime Guarantee!”
The complainant claimed the advert was misleading, as they did not think it was possible to provide 100 per cent uptime for that kind of service.
However, Rackspace successfully argued that consumers would understand the company was offering a guarantee of service and, if a customer did not receive 100 per cent uptime, they would be reimbursed.
The company also pointed to its service level agreement (SLA), which stated that, if it failed to ensure 100 per cent uptime, clients would be entitled to compensation proportionate to the downtime they had experienced.
In its adjudication, the ASA said: “We investigated the ad under the [Committees of Advertising Practice] Code ... but did not find a breach.”
“The ASA considered that consumers would understand that the claim ‘100% Uptime Guarantee’ meant they would be compensated if the Rackspace Cloud network was unavailable...and concluded the claim ... was not misleading.”
Tiffany Lathe, vice president of legal international at Rackspace told IT Pro: “We are pleased with the ASA ruling today as Rackspace has industry leading SLAs and our goal is to deliver 100 per cent uptime to our customers.”
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