Service Descriptions

Last Updated: April 6, 2018
 

1. Introduction

OVH US LLC, a Delaware limited liability company (“OVH”), is a global, hyper-scale cloud provider that offers businesses industry-leading performance and value. Vertical integration enables OVH to operate more cost effectively, delivering high quality technology, security, and customer service. OVH is a subsidiary of OVH Group, the largest European hosting provider with over 1.4M customers around the world.  OVH offers a number of services (each, an “OVH Service”), which are further described below.  Use of the OVH Services is governed by the Terms of Service located at https://us.ovhcloud.com/legal/terms-conditions (the “Terms of Service”).  Capitalized terms used herein, but not defined herein, shall have the meanings ascribed to them in the Terms of Service.  
 

1.1 OVH Services

OVH offers four (4) product lines:

  1. Hosted Private Cloud

    a. Dedicated Cloud (Dedicated Cloud, Enterprise Dedicated Cloud and vCloud® Air™ powered by OVH: Dedicated Cloud) offerings provide single-tenant private cloud environments with dedicated computing servers, layer-2 network isolation for workload traffic, dedicated storage volumes, and a dedicated cloud management. Infrastructure capacity may be allocated to a single physical data center or to multiple data centers, at your option.

    b. Disaster Recovery as a Service (Disaster Recovery, vCloud® Air™ powered by OVH: Dedicated Disaster Recovery, and vCloud® Air™ powered by OVH: Disaster Recovery on VPC) offerings provide disaster recovery for replication, failover and recovery of remote virtual machines. These solutions leverage the software tools that meet business continuity needs via VMware vSphere® Replication™, Zerto® or VMware Hybrid Cloud Extension™.

    c. vCloud® Air™ powered by OVH Virtual Private Cloud (VPC) provides a multi-tenant virtual private cloud with logically-isolated resources on shared physical infrastructure, configured as a single virtual data center with networking resources.

     
  2. Public Cloud Services

    OVH Public Cloud Services offer compute and storage resources with pay-as-you-go hourly billing and an attractive open-source feature set – including the ability add resources without re-installing.
     

    a. Public Cloud Instances
            i. OVH Public Cloud Compute Instances are virtualized servers that combine flexibility and guaranteed resources. Instance provisioning – complete with CPU, RAM, and storage -- is generally processed in less than one minute, and provides the user with full root access.  

    b. Object, Block, and Archive Storage
            i. OVH Public Cloud Storage offers high-performance unlimited cloud storage and immediate HTTP access with no size or duration limitations.

           ii. OVH also offers high speed traditional block (“disk”) storage with triple data replication.  You can attach your storage to instances or move storage between instances. You can design the storage that meets your needs by size (from 10 GB to 10 TB) and by performance (hard drive or SSD)

          iii.
    OVH Public Cloud Archive lets you save all types of data without volume limits. You pay only for your traffic and the space consumed. You can create unlimited containers for archiving your data and upload your data using standard protocols, such as SFTP, SCP, rsync, and HTTPS, and retrieve it in a few minutes to a few hours, depending on its volume.
     
  3. Dedicated Servers

    a. Infrastructure, High-Availability, GPU, Game & Storage Dedicated Servers
             i. OVH offers multiple Dedicated Server families to assist in the performance and control for your business-critical applications. Anti-DDoS protection, and a wide range of options, including more than 90 software/OS distributions are included. You can pick from Infrastructure, High-Availability, Storage, GPU, and Gaming, and via OVH Manager, have full control or your servers.
     
  4. Networking & Security

    a. Direct, dedicated networking options (via OVHcloud Connect and vCloud® Air™ powered by OVH: Direct Connect) are optional networking components that help you connect your remote, on-premises data centers to the OVH network backbone and your OVH and vCloud® Air™ powered by OVH environments.

    b. Virtual, Private Local Area Networking (LAN) is enabled through the OVH vRack Service. VRack allows you to isolate your critical servers, private clouds or virtual machines within a secure and private VLAN.  Deploy up to 4,000 private VLANs to partition your servers, filter client access and secure your data.

    c. Anti-DDoS protection ensures your infrastructure remains accessible 24/7 against a sustained attack of up to 4 Tbps with a combination of mitigation techniques, including packet analysis, packet mitigation, and server traffic vacuuming.

    d. Load Balancer distributes the workload among various services across data centers. It ensures the scaling of the infrastructure in the event of heavy traffic, with optimized fault tolerance and response time. Two options are available, one shared and one dedicated.

 

1.2 Self-Service Portals

OVH-provisioned OVH Services can be managed through a number of self-service portals and utilities: 

  • OVH Manager (“Manager”) is the central administrative portal for global OVH service offerings. It provides purchasing, billing, support, and security services for available products – as well as direct management of the infrastructure.
     
  • vSphere Web Client is the primary IaaS administrative interface for the Hosted Private Cloud product line, offering compute, storage, network, and virtual machine management.

For vCloud® Air™ powered by OVH customers only, OVH Services self-service access consoles include:

  • My VMware™ Account Management Console (“My VMware”) provides access to subscription status, and integrates navigation, viewing and management of all VMware product licenses and support under a single account.
     
  • VMware vCloud Air Console (“vCloud Air Console”) is the primary interface for access, consumption, and management of cloud resources purchased for the vCloud® Air™ powered by OVH platform including virtual data center management, and configuration of virtual machine instance lifecycle
    management on a per site basis. For more advanced management tasks, the vCloud Air Console provides direct access to vCloud Director.

     
  • vCloud Air Networking Configuration Portal (for advanced networking services) is the portal used for configuring advanced networking services features.
     

1.3 Technical Documentation and Training

For vCloud® Air™ powered by OVH customers, documents and videos outlining key concepts with usage examples, a “Getting Started” guide, and “How To” guides for key objects are available through the vCloud Air Console.  See https://www.vmware.com/support
 

For non vCloud® Air™ powered by OVH customers, visit OVH’s online community for support and community resources at:  https://support.us.ovhcloud.com.
 

1.4 Support

OVH will provide support for reported problems related to the OVH Services in accordance with the Support Policies located at https://us.ovhcloud.com/support. Support may be provided in any country in which OVH or its agents maintain facilities.

OVH Customer Success will work with customers to maximize the utilization of their service and ensure the appropriate resources within OVH are engaged when you need them. Global support centers are staffed around the clock to give you access to OVH’s industry-leading cloud support engineers who are experts in private and hybrid cloud.

2. OVH Service Operations

The following sections outline our roles and responsibilities in the delivery of the OVH Services. While specific roles and responsibilities have also been identified as being owned by you, any roles or responsibilities not set forth in these OVH Services Descriptions or otherwise in the Terms of Service are either not provided with the OVH Services or are assumed to be your responsibility.
 

2.1 Service Provisioning

OVH will provide the following provisioning services for all OVH Base Products (as defined in Appendix A attached hereto):

  • Implementation of compute, storage, networking (physical servers, physical storage, and physical network devices, etc.) specific to the selected Base Product.
  • Providing initial network resources including default public IP addresses, when applicable.
  • For vCloud® Air™ powered by OVH Services:  Creating the initial administrative user account in the vCloud Air Console using default administrator privileges and system preferences.

You will be responsible for the following provisioning services:

  • Creating user accounts and changing default system preferences as needed.
  • Installing and configuring custom or third-party applications and operating systems.
  • For Hosted Private Cloud: 
    • Creating and configuring applicable VDCs (as defined in Appendix A attached hereto), vApps, VMs, and networks using deployment templates and wizards.
    • Deploying and maintaining on-premises deployments of vSphere® Replication™, Zerto®, or VMware® Hybrid Cloud Extension for use with Disaster Recovery, including but not limited to: installation of vSphere Replication, registering your local vSphere environment(s), selecting VMs for protection, and assigning a recovery point objective (“RPO”) for replication frequency.

2.2 Operations

Monitoring

OVH will provide the following services with respect to monitoring:

  • Monitoring the underlying infrastructure, infrastructure networks, top-layer management and user-management interfaces, and computing, storage, and network hardware for availability, capacity, and performance. For Hosted Private Cloud, OVH will also provide you with a VDC- and VM-level view of compute and storage resource utilization and availability.

You are responsible for the following services with respect to monitoring:

  • Monitoring the assets deployed or managed within your account, including but not limited to VMs (Hosted Private Cloud), operating systems, applications, specific network configurations or network appliances deployed by you, operating system or application vulnerabilities.

Incident and Problem Management

OVH will provide incident and problem management services (e.g., detection, severity classification, recording, escalation, and return to service) pertaining to:

  • Infrastructure over which OVH has direct administrative and/or physical access and control, such as servers, storage, and network devices.
     
  • Service software over which OVH has direct administrative access and control, such as the OVH Manager, management services required to support your environment and other applications that OVH uses in delivery of the OVH Services.
     
  • For Hosted Private Cloud:  VMware-provided operating system templates, to the extent that
    • Published templates cannot be accessed from the Service Catalog (as defined below)
    • Published templates cannot be instantiated without modification
    • Published templates cause errors at first run time
    • There are substantial hangs or excessive delays in the retrieval of a template from the Service Catalog
    • The configuration of a published template affects the VM’s interaction with the hypervisor
    • Time synchronization issues (NTP) exist
       
  • For Hosted Private Cloud: VMware-provided tools, including
    • VMware Tools installation and configuration
    • VMware Tools optimization
    • Performance tuning as it relates to VMware tools and drivers

You are responsible for incident and problem management (e.g., detection, severity classification, recording, escalation, and return to service) pertaining to:

  • Services you have deployed within the infrastructure granted to you, such as virtual machines, private clouds, and any virtualized infrastructure deployed to support the OVH Services.
     
  • Performance of user-deployed VMs, custom or third-party applications, your databases, operating systems imported or customized by you, or other assets deployed and administered by you that are unrelated to OVH or vCloud® Air™ powered by OVH platforms (e.g., Manager, vCloud Air Console, vCloud Director, etc.).
     
  • Operating system administration including the operating system itself or any features or components contained within it.
     
  • Configuration of the OVH Services as it pertains to how you are consuming the service, such as local backup configurations, firewall configurations, virtual network configuration.

 

Change Management

OVH will maintain the following change management elements for OVH’s infrastructure that supports you:

  • Processes and procedures to maintain the health and availability of the management tools and OVH delivery platform
     
  • Processes and procedures to release new code versions, hot fixes, and service packs related to the OVH Manager (or vCloud Air Console), vSphere/vCenter/vCloud Director, and all other supporting tools/platforms.

You are responsible for:

  • Management of changes to your VMs, operating systems, custom or third-party applications, databases, and administration of general network changes within your control.
     
  • Administration of self-service features provided through OVH Manager, My VMware and the vCloud Air Console, up to the highest permission levels granted to you, including but not limited to VM and network functions, backup administration, user configuration and role management and general account management.

Security

Responsibility for the end-to-end security is shared between OVH and you. OVH will provide security for the aspects of the OVH Services over which OVH has sole physical, logical, and administrative level control. You are responsible for the aspects of the OVH Services over which you have administrative level access or control. The primary areas of responsibility as between OVH and you are set forth below.

OVH will use commercially reasonable efforts to provide:

  • Physical Security: OVH services are housed in state of the art data center facilities. The following controls are in place at the physical layer in the data centers:
     
    • Equipment Location: OVH and our corporate parent operate in the United States, EMEA and APAC. A site selection team determines each data center site. The site selection process includes a rigorous assessment, ensuring that each site has appropriate measures and countermeasures in place.
       
    • vCloud® Air™ powered by OVH Data Centers: OVH uses well-established data center providers to host workloads. Each data center is certified as a Tier 3 facility or higher. The providers are reviewed by independent third party auditors to meet the physical security requirements for ISO/IEC 27001 certification, SOC 1 Type 2/SSAE 16/ISAE 3401 and SOC 2 Type 2. Full AT101 reports outlining these specifications are available, upon request, subject to execution of an appropriate confidentiality and nondisclosure agreement.
       
    • OVH Data Centers:  OVH builds and operates its own data centers and many are certified via third-party audit to meet the needs of ISO/IEC 27001 certification, SOC 1 Type 2/SSAE 16 /ISAE 3401 and SOC 2 Type 2. As of March 2018: the newness of the U.S., U.K. and German data centers prohibit the compliance process from being complete for new customers.  However, processes are under way.  This document will be updated as the compliance levels come online;  You may also check the eu.ovhcloud.com website. Reports will be available, upon request – subject to confidentiality and nondisclosure agreement
  • Information Security: OVH will protect the information systems used to deliver the OVH Services for which OVH has sole administrative level control.
     
  • Network Security: OVH will protect the networks containing OVH’s information systems up to the point where you have some control, permission, or access to modify the networks.
     
  • Security Monitoring: OVH will monitor for security events involving the underlying infrastructure servers, storage, networks, and information systems used in the delivery of the OVH Services over which OVH has sole administrative level control. This responsibility stops at any point where you have some control, permission, or access to modify an aspect of the OVH Services.
     
  • Patching and Vulnerability Management: OVH will maintain the systems OVH uses to deliver the OVH Services, including the application of patches we deem critical for the target systems. OVH will perform routine vulnerability scans to surface critical risk areas for the systems OVH uses to deliver the OVH Services. Critical vulnerabilities will be addressed in a timely manner.
     
  • PCI Compliance: If an environment is identified as PCI compliant, OVH will enforce Level 1 PCI compliance at the infrastructure level. This includes the security posture, patching, logging, and audit requirements for the offering (compute, network, and storage).

You are responsible for the following:

  • Information Security: You are responsible for ensuring adequate protection of the information systems, data, content, or applications that you deploy and/or access on the OVH Services. This includes but is not limited to any level of patching, security fixes, data encryption, access controls, roles, and permissions granted to your internal, external, or third-party users.
     
  • Security Monitoring: You are responsible for the detection, classification, and remediation of all security events that are isolated within your instance, associated with any VMs, operating systems, applications, data or content surfaced through vulnerability scanning tools, or required for a compliance or certification program in which you are required to participate, and which are not serviced under another security program.
     
  • Network Security: You are responsible for the security of the networks over which you have administrative level control. This includes but is not limited to maintaining effective firewall rules, exposing only communication ports that are necessary to conduct business and locking down promiscuous access.
     

2.3 Hosted Private Cloud Specifics

    Data Recovery for Hosted Private Cloud

    OVH will provide the following services with respect to data recovery:

    • Data protection, such as routine backups, for OVH’s infrastructure required to operate your service, including top-layer management and user-management interfaces owned and operated by OVH.
       
    • Data and infrastructure restoration for OVH’s infrastructure required to operate your service, including top-layer management and user-management interfaces owned and operated by OVH.

    You will be responsible for the following services with respect to data recovery:

    • Data protection, such as routine backups, for the data and content accessed or stored on your VMs or storage devices, configuration settings, etc.
       
    • Data, content, VM, and configuration restorations for assets accessed or stored on your account.

    Workload Migration

    Migration of VMs, vApps and templates between vSphere or vCloud Director environments, such as data centers or OVH evaluation environments, can be performed using the VMware vCloud Connector, ovftool, or Hybrid Cloud Extension technologies. Export, transport, and import may use Open Virtual Machine Format (OVF). These migration capabilities support import to or export from Hosted Private Cloud environments.
     

    Virtual Server Deployment Templates

    OVH will provide a catalog (the “Service Catalog”) of supported virtual server deployment templates that you may deploy into your Hosted Private Cloud environments. The deployment and use of such templates will be subject to the Terms of Service, including any applicable Third Party Terms, and may also be subject to additional fees as further described in Appendix A attached hereto. OVH will provide these templates, test them for quality, check for viruses, and install security patches from time to time. Regardless of OVH patching timelines, you are responsible for deploying and configuring the virtual server deployment templates that you choose to use, patching patches necessary for your operations, activating related licenses, and maintaining compliance with all applicable license terms.
     

    In order to comply with OVH’s legal obligations to OVH’s third party licensors, you will not be permitted to export, download, or remove certain templates or any installed forms of certain templates for installation or use outside of the OVH Services, as set forth in the Third Party Terms. You may implement or import your own virtual server deployment templates so long as you have the legal right to deploy and use the software contained in such templates.
     

    Templates provided by OVH that are infrequently used, out of date, or no longer supported may be removed at any time.
     

    Networking Services for Hosted Private Cloud and vCloud® Air™ powered by OVH

    Customers have access to the following network services, included as a part of the core Dedicated Cloud, Enterprise Dedicated Cloud, Disaster Recovery, and Virtual Private Cloud OVH Services:

    • Network Address Translation (NAT): Separate controls for source and destination IP addresses, as well as port translation.
    • Dynamic Host Configuration Protocol (DHCP): Configuration of IP pools, gateways, DNS servers, and search domains.
    • Firewall: Supported rules include IP 5-tuple configuration with IP and port ranges for stateful inspection for all protocols.
    • Load Balancing: Simple and dynamically configurable virtual IP addresses and server groups.
    • Site-to-Site Virtual Private Network (VPN): Uses standardized IPsec protocol settings to interoperate with major VPN vendors.
    • Static Routing: Static routes for destination subnets or hosts.

    OVH Hosted Private Cloud environments also receive vSphere Enterprise Plus and NSX Enterprise, with access to VMware Standard Switches, VMware Distributed Switches, and the NSX management console.
     

    vCloud® Air™ powered by OVH customers may upgrade to greater NSX services access through the Advanced Networking Standard or Advanced Networking Premium packages -- via My VMware. For both add-ons, customers will have the following capabilities:

    • Dynamic Routing: Supported protocols include OSPF and BGP.
       
    • Distributed Firewall: Distributed Firewall is a hypervisor kernel-embedded firewall that provides visibility and control for vCloud® Air™ powered by OVH workloads and networks. It delivers close to line rate throughput to enable higher workload consolidation on physical servers. It is available only with a Dedicated Cloud Subscription that includes the Advanced Networking Standard or Advanced Networking Premium add-on.
       
    • SSL-VPN: A Client-Server VPN with access for up to 100 concurrent users, depending on license level.

    Data Protection for vCloud® Air™ powered by OVH (optional)

    Data Protection is an optional service that provides secure, image-based backup and recovery capabilities that enable you to protect important VM data and content hosted in your vCloud® Air™ powered by OVH environment. Through the Data Protection administration interface available in the vCloud Air Console, vApps and their VM members can be selected for policy-based backup and recovery operations.
     

    Data Protection feature subscription and activation may be requested via My VMware and is subject to additional service fees based on the amount of backup data capacity. Backup data capacity for the service is measured in front end terabytes (FETB) and is described further in Appendix A attached hereto. Once activated, vApps and their VM members may be registered and unregistered with Data Protection features on a self-service basis through the vCloud Air Console.

    As part of this OVH Service, OVH will:

    • Implement and maintain central service components (backup software appliances, backup and archival storage media and associated network topologies) needed to support Data Protection features.
       
    • Perform routine configuration, maintenance, and optimization services on behalf of the Data Protection environment and in conformance with industry best practices.
       
    • Allocate requisite backup storage based on capacity selections made at the time of subscription enrollment.
       
    • Guarantee storage locality per geographical region for all backup data.
       
    • Provide necessary Data Protection service reporting as requested.

    You will be responsible for:

    • Managing any in-guest recovery tasks, including restore operations at the operating system, file systems and/or any application level.
       
    • Performing in-place or out-of-place restores per vApp and/or individual VM.
       
    • Performing any on-demand backups per vApp and its VM members.
       
    • Registering and unregistering individual vApps and their VM members for scheduled backups using Data Protection.
       
    • Creating custom backup protection policies that may include, but are not limited to: affinity settings per VDC, scheduling, and retention periods.
       
    • Subscribing to Data Protection as an add-on feature via My VMware and selecting an amount of backup storage capacity commensurate with your requirements.
       
    • Managing backup storage capacity and consumption that may include, but is not limited to: activity reporting, ordering additional storage capacity via My VMware, and deleting any backup data in inventory to free up space.

    For non-vCloud® Air™ powered by OVH customers, it is up to the customer to set up proper backup policies and perform their own backup procedures.
     

    Storage for OVH Hosted Private Cloud

    Hosted Private Cloud environments include NFS-based persistent block storage as a part of the core subscription. There are two storage options available for associated Dedicated Cloud, Disaster Recovery, and Enterprise Dedicated Cloud clusters:  SSD-Accelerated and Full-SSD Storage.
     

    At the time of purchase, the core subscription packs for Hosted Private Cloud instances includes either 6TB or 2TB of SSD-Accelerated Storage, depending on the initial hardware reference chosen.  (Additional sizes – up to 12TB are available.)  After the time of purchase, you may also select additional volumes of given sizes from either of the provided storage tiers.
     

    Storage for vCloud® Air™ powered by OVH

    vCloud® Air™ powered by OVH includes persistent block storage as a part of the core subscription. There are two storage options available with a Dedicated Cloud, Virtual Private Cloud, or Virtual Private Cloud OnDemand instance: Standard Storage and SSD-Accelerated Storage. Disaster Recovery subscriptions do not have these two storage options. The two storage options allow for (1) growth of virtual machine disks (“VMDKs”) without downtime, and (2) the flexibility to migrate from one tier to the other as needed. You can also mix and match storage types per workload as needed.
     

    By using a tiered storage approach with your vCloud® Air™ powered by OVH instance, you can divide workloads in your environment according to performance requirements. For example, you can select SSD-Accelerated Storage for workloads requiring higher performance, or you can select Standard Storage for VMs that require lower performance (e.g., swap files). You can also dynamically blend storage types to best fit workload requirements. The core subscription for Dedicated Cloud includes 6TB of Standard Storage, and the core subscription for Virtual Private Cloud includes 2TB of Standard Storage. At the time of purchase, you can specify which type of storage should be included with your OVH Service instance. After the time of purchase, you can purchase more of the same storage option or the other option via OVH Manager, by submitting a purchase order to any OVH Partner from whom you originally ordered the applicable OVH Service. All core component subscriptions are subject to service fees as further described in Appendix A attached hereto.
     

    Disaster Recovery as a Service

    Disaster Recovery is an optional Recovery as a Service (“RaaS”) solution for Hosted Private Cloud customers that provides protection for either on-premises VMs or cloud-based VMs hosted in vSphere environments. Disaster Recovery replicates those workloads to the OVH cloud, and allows for self-directed failover and recovery in the cloud in the event of a disaster or similar disruptive event.
     

    A Disaster Recovery instance is a virtualized recovery target that includes a pre- configured mix of bandwidth, compute, network, and storage resources, which are reserved for test, failover, and recovery operations available exclusively in the Disaster Recovery service. These resource reservations are subject to the following limitations on service usage:

    • Lease runtime for test failovers that exceeds 7 consecutive calendar days will incur Daily Usage Fees
    • Lease runtime for live failover and recovery that exceeds 30 consecutive calendar days will incur Daily Usage Fees

    As a part of this OVH Service, you may implement an unlimited quantity of test failover exercises.
     

    You may procure a Disaster Recovery service by executing an Order with OVH or an OVH Partner. Additional services specific to Disaster Recovery may also be added at the time of initial purchase or at any time during the Service Term via OVH Manager. The OVH Services components for Disaster Recovery are subject to additional service fees and are described in Appendix A attached hereto.

    As part of this OVH Service, OVH will:

    • Provide secure remote access to reserved capacity for test, failover, and recovery operations based on the capacity quantities selected at the time of subscription enrollment and any additional quantity purchased up until the time a disaster is declared.
       
    • Perform routine configuration, maintenance, and optimization services on behalf of the Disaster Recovery service environment and in conformance with industry best practices.
       
    • Maintain versions of vSphere Replication appliance software as required by the Disaster Recovery service.
    • Ensure timely recovery of replicated VMs when you invoke a test or failover service request. You will be responsible for:
      • Enrolling in Disaster Recovery as a core subscription and selecting an amount of reserved capacity for Disaster Recovery that is commensurate with your requirements.
         
      • Deploying vSphere Replication appliance software within your on-premises vSphere environment as necessary to support Disaster Recovery service functionality.
         
      • Registering your on-premises (or cloud-based) vSphere environment with your designated Disaster Recovery instance in OVH (or vCloud® Air™ powered by OVH).
         
      • Ensuring the appropriate network connectivity type and bandwidth is available between your on- premises environment and OVH to support your replication requirements.
         
      • Configuring VMs for protection in the Disaster Recovery service, and defining a corresponding RPO per VM.
         
      • Developing any custom runbook procedures for test, failover, recovery, and failback operations available as part of the Disaster Recovery service.
         
      • Implementing and executing any recovery tasks that extend beyond the scope of Disaster Recovery and the recovery of VMs as the prime service boundary.
         
      • Ensuring sufficient reserved capacity is available in your Disaster Recovery instance to accommodate variable failover loads.

    3. Business Operations

    This Section supplements the Terms of Service and contains additional information regarding ordering, scaling, renewing, suspending, and terminating the OVH Services.
     

    3.1 Ordering and Invoicing

    Enterprise Sales Ordering

    “Enterprise Sales” are sales conducted between you and the OVH sales force (or an OVH Partner) without the direct purchase via online mechanism (i.e. not eCommerce/digital sales).   Enterprise Sales are commemorated in an Order or other ordering document that incorporates the Terms of Service by reference.  Enterprise Sales generally (though not always) follow quote, purchase order, invoice processing – where payment method is generally not a credit card, but an electronic funds transfer of significant denomination.

    • Initial orders can include Base Products and Add-on Products (as defined in Appendix A attached hereto) from any Product Family Base Products as defined in Appendix A attached hereto).  Traditionally, Enterprise Sales are likely to include Hosted Private Cloud services (inclusive of vCloud® Air™ powered by OVH Core Offerings).  However, there are no pre-defined products or limitations.  See Appendix A for additional details. The initial order establishes the default billing relationship that applies to all transactions for any OVH Services set forth therein for the duration of the applicable Initial Service Term; for example, if your initial order is placed through an OVH Partner, then subsequent payments related to the applicable OVH Service will be made through such OVH Partner. This billing relationship may be modified in connection with any Renewal Term.
       
    • Additional capacity may be purchased at the time of your initial order or any time after the initial order.
       
    • Additional OVH Services, capacity increases, and Add-On Products may be purchased with the initial order or through OVH Manager (or vSphere plugin or API) or at any time during the Service Term. Additional terms and fees may apply to such additional OVH Services. Not all OVH Services are available to enterprise customers through OVH Manager. Some OVH Services are required to be procured through sales.
       
    • Account changes to capacity may be made by ordering additional capacity or services any time before the end of the applicable Service Term.
       
    • Changes to the OVH Sales Partner associated with your Service Identifier may be made at the time of subscription renewal, by contacting OVH.
       
    • Service reductions, or removal of Base Products, may be coordinated with OVH in connection with a Renewal Term and will require a new order for the reduced OVH Service capacity. However, if the capacity associated with your reduced OVH Service order is less than the capacity required to sustain your then-current workloads, OVH will bill you for the excess capacity at the then-current rates until such time as you have released the excess capacity and OVH has reclaimed it.

    Digital/Online Ordering

    • Initial orders placed via OVH Manager (as opposed to via an Order or other ordering document with an OVH Partner) can include Base Products and Add-on Products from any Product Family.  There are no pre-defined products or limitations.  See Appendix A for additional details. The initial order establishes the default billing relationship that applies to all transactions for the applicable OVH Service for the duration of the applicable Initial Service Term.
       
    • Additional capacity may be purchased at the time of your initial order or any time after the initial order.
       
    • Additional OVH Services (including Add-On Products), may be purchased with the initial order or through OVH Manager (or vSphere plugin or API) at any time during the Service Term. Additional terms and fees may apply to such additional OVH Services.
       
    • Account changes to capacity may be made by ordering additional capacity or services anytime before the end of the applicable Service Term.
       
    • Service reductions, or removal of Base Products, may be coordinated with OVH in connection with a Renewal Term.

    Enterprise Sales Invoicing

    • When you purchase any of the above OVH Services directly from OVH, OVH will invoice you for all ordered services as set forth in the Order.
       
    • Plan Charges (as defined in Appendix A attached hereto) will be invoiced by OVH for the then-current Billing Period unless you choose a prepaid OVH Service SKU (or otherwise established in your Order), in which case you will be billed for the applicable Service Term. If the OVH Service is not provided for the entire Billing Period, then the fees for such period will be prorated (a) from the day the OVH Service was first provided through the end of the Billing Period, or (b) from the beginning of the Billing Period through the last day in the Billing Period on which the OVH Service.
       
    • Usage Charges (as defined in Appendix A attached hereto) will be invoiced on the first of the month for the month after the usage was incurred.  (i.e. April 1 for usage incurred in March.)

    3.2 vCloud® Air™ powered by OVH Metered Usage

    Metered Usage Components (as defined in Appendix A attached hereto) for vCloud® Air™ powered by OVH: Dedicated Cloud, vCloud® Air™ powered by OVH: Virtual Private Cloud and vCloud® Air™ powered by OVH: Disaster Recovery are available. You are obligated to pay for such Metered Usage Components at the then-current rates published by OVH if you purchased the OVH Service directly from OVH, or at the rates agreed with your OVH Partner if you purchase the OVH Service through an OVH Partner. Such charges will be billed as Usage Charges. A list of Metered Usage Components is provided in Appendix A attached hereto.
     

    Add-on capacity and services for Dedicated Cloud and Virtual Private Cloud as described above may be purchased at any time to meet new or expanded requirements.

    • Capacity may be added via OVH Manager, through your OVH Representative, or your OVH Partner.
       
    • The Service Term for add-on capacity or services will terminate at the same time as the core Service Term for the applicable OVH Service.
       
    • For legacy vCloud® Air™ powered by OVH customers only, if add-on capacity causes you to achieve a higher volume tier, any per-unit price reductions will apply to the remaining Service Term if billed monthly. Prepaid subscriptions will not receive a refund for any per-unit price reduction due to achieving a higher volume tier. Per-unit price reductions will apply to the add-on capacity for both monthly and prepaid subscriptions added after the higher volume tier is achieved.  There are no current volume discounts for other OVH Services.

    The below DRaaS add-ons are not considered Metered Usage Components. They are one-time purchase options for DRaaS use cases:

    • One-time compute capacity (30 days) may be purchased to satisfy short-term failover capacity requirements that exceed the original amount of failover capacity designated at the time of initial order for the applicable OVH Service.
       
    • If the one-time compute capacity add-on (30 days) is purchased but the Service Term for the underlying OVH Service expires prior to the end of the 30-day period for the compute add-on, the compute add-on will terminate at the same time as such Service Term.
       
    • One-time compute capacity may be purchased as often as required to support live failover and recovery operations throughout the Service Term.
       
    • Usage entitlement for one-time compute capacity will remain in effect until the 30-day expiration is reached and is independent of any Runtime Leases (as defined in Appendix A attached hereto) associated with the core capacity – the latter of which is applied at the time of an actual test failover or live failover and recovery event.
       

    3.3 Metered Usage (all other)

    Metered Usage Components for all other OVH Services not covered in Section 3.2 above are also available. You are obligated to pay for such Metered Usage Components at the then-current rates published by OVH if you purchased the OVH Service directly from OVH, or at the rates agreed with your OVH Partner if you purchase the OVH Service through an OVH Partner. Such charges will be billed as Usage Charges. A list of Metered Usage Components is provided in Appendix A attached hereto.

    Add-on capacity and services for as described above may be purchased at any time to meet new or expanded requirements.

    • Capacity may be added via OVH Manager, your OVH Sales Person, or through your OVH Partner.
       
    • For vCloud® Air™ powered by OVH only, and for grand-fathered customers only, if add-on capacity causes you to achieve a higher volume tier, any per-unit price reductions will apply to the remaining Service Term if billed monthly. Prepaid subscriptions will not receive a refund for any per-unit price reduction due to achieving a higher volume tier. Per-unit price reductions will apply to the add-on capacity for both monthly and prepaid subscriptions added after the higher volume tier is achieved. There are no current volume discounts for other OVH products.
       

    3.4 Renewal

    Auto-Renewal (the default setting)

    Except as set forth in the Terms of Service, this Section 3.4 or in an applicable Order, each OVH Service will automatically renew using the current configuration and duration of the then-current term. The SKUs and pricing, based on the applicable price list at the time of renewal, will be applied to the Renewal Term. Pricing for digital-only customers is available on OVHcloud.com.  Pricing for enterprise customers will be shared via your sales representative or account manager via an initial or renewal sales quote. Any and all discounts are subject to change.
     

    For all Enterprise Sales Orders, in order to stop the automatic renewals, you must submit a non-renewal request by contacting your account manager or sales representative at least thirty (30) days’ prior to the end of the then-current term.  If you would like to immediately cancel services, rather than waiting until the end of the then-current term, please contact support directly.
     

    For vCloud® Air™ powered by OVH ONLY - Modify at End of Initial Service Term or Renewal Term

    In the My VMware portal, when you select the renewal method setting “Modify”, you will be contacted prior to the end of your then-current term to discuss your renewal options. Selecting “Modify” as the renewal method setting allows you to modify your OVH Service configuration and to make changes to your OVH Partner, if applicable, for the next Renewal Term. If you do not make any changes to your OVH Service by the applicable deadline specified below, then your existing service identifier, as currently configured, will automatically renew. If you purchase an OVH Service through an OVH Partner, a manual renewal is the only time you may elect a change in reseller relationship for that specific service identifier. See the table below for the deadlines to manage your manual renewal.

    Service Term

    Deadline to Submit Modified Renewal Order

    Service Term

    Deadline to Submit Modified Renewal Order

    Less than or equal to 3 months

    The renewal method in My VMware must be set to "Modify" and your purchase order for the modified configuration must be received by OVH at least 5 business days before the end of the then current term. Please allow processing time for you and/or your OVH Partner to meet this deadline.

    More than 3 months

    The renewal method in My VMware must be set to "Modify" and your purchase order for the modified configuration must be received by OVH at least 30 business days before the end of the then current term. Please allow processing time for you and/or your OVH Partner to meet this deadline.

    vCloud® Air™ powered by OVH ONLY - Cancel at End of Initial Service Term or Renewal Term

    You may cancel your existing service renewal by changing your renewal method setting for the service identifier within My VMware to “Cancel”. When this option is set, your access to all OVH Services for the service will expire at the end of the then current term. Please see the table below for the deadlines to select the cancel option via the My VMware portal.

    Service Term

    Deadline to Select Cancel Option via My VMware

    Service Term

    Deadline to Select Cancel Option via My VMware

    Less than or equal to 3 months

    5 business days prior to the last day of the then current term

    More than 3 months

    30 business days prior to the last day of the then current term

    vCloud® Air™ powered by OVH ONLY - Virtual Private Cloud OnDemand

    OVH reserves the right to not renew a service at the end of its Billing Period, in which case OVH will notify you prior to the end of the Billing Period. Renewal options for each service may be selected using the My VMware portal.
     

    Auto-Renewal (default setting)

    Except as set forth in this Section 3.3, each service will automatically renew using the current configuration, for the previously purchased time duration (e.g. 30 days for monthly subscriptions, 12 months for annual). The then-current pricing at the time of renewal will be applied to the renewal term. You may opt out of auto-renewal by cancelling the OVH Service prior to the next Billing Period by contacting your account manager or sales representative. If you choose to cancel the OVH Service, your cloud environment (i.e., your service identifier) will be terminated. VMs and storage will be deleted, and the resources will be reclaimed.
     

    Cancellation

    You may terminate your agreement with OVH with respect to any OVH Service at any time in your term, with at least 30 days prior to the end of the current term, by contacting your account manager or sales representative. You will be charged a cancellation fee for terminating your subscription prior to the end of the then current term.
     

    3.5 Suspension and Re-Enablement

    • If your access to OVH Services is suspended for delinquent payment or any other reason as set forth in the Terms of Service, OVH will restrict access to all services/servers and block all traffic across their public IP Addresses during such suspension. OVH will retain services with configurations and data intact until the issue is resolved or the Service Term expires or OVH terminates your agreement with OVH for the OVH Services. 
       
    • Service Offering re-enablement will be initiated immediately upon resolution of the account issues that led to suspension; access to the OVH Service(s) and traffic across IP Addresses will be restored.
       

    3.6 Early Termination

    Early termination is not applicable for non-Enterprise customers (as expressed in section 3.7).
     

    3.7 Early Termination for Enterprise Sales Clients

    OVH monthly-paid subscriptions with an initial term of 12 months or more are eligible for early termination. Notwithstanding the foregoing, prepaid subscriptions are non-refundable. Add-on services for any such OVH Service are eligible for early termination only to the extent that the underlying OVH Service is also terminated. The termination can be effective only after the first 3 months of the Initial Service Term, and with thirty (30) days’ advance written notice to OVH.
     

    In order to exercise the foregoing early termination right, you also must pay a fee equal to one month of the contracted subscription fees (including add-on fees) for every 12-month period (or portion thereof) remaining for the then-current term as of the effective termination date. For example:

    Months Remaining on then-current term at Effective Termination Date

    Early Termination Fee Amount

    Months Remaining on then-current term at Effective Termination Date

    Early Termination Fee Amount

    Less than 12 months

    Equal to 1 month of remaining contracted subscription fees (including add-on fees)

    At least 12 months, but less than 24 months

    Equal to 2 month of remaining contracted subscription fees (including add-on fees )

    At least 24 months, but less than 36 months

    Equal to 3 month of remaining contracted subscription fees (including add-on fees )

    To give the required notice for the OVH Service you want to terminate, please contact the OVH Technical Services team by filing a support request through the OVH Manager.
     

    You must provide 30 days’ advance notice to OVH. The termination (the last active day for your OVH Service) will be the last day of your next prorated Billing Period or the end of your term, as applicable.
     

    Note: Monthly-paid subscriptions for Disaster Recovery are eligible for the early termination option described above. However, the fee associated with an early termination for Disaster Recovery will be waived IF: (1) you upgrade from Disaster Recovery to either Dedicated Cloud or Hosted Private Cloud in the same Billing Period when you cancel your Disaster Recovery service subscription and (2) you also purchase a new service subscription for either Dedicated Cloud or Hosted Private Cloud for an Initial Service Term equal to or greater than your original Disaster Recovery Initial Service Term.


    Appendix A - Ordering and Metered Usage Components
     

    This Appendix A describes the components that may be purchased by you from OVH, and components that will be billed based on actual usage.
     

    General Definitions:

    “Add-on Products” are non-Base Product OVH Service offerings such as: vRack Private LAN, OVHcloud Connect , IP Address blocks, additional bandwidth, and other supplemental services like licenses.  Add-on Products also include additional host or storage for Hosted Private Cloud (e.g. non-base pack).

     “Base Products” are specific IaaS offerings in the product families of: Hosted Private Cloud, Public Cloud Services, or Dedicated Servers.

     

    “Billing Date” is the date when OVH will bill for the OVH Service. Billing Dates will occur monthly, unless otherwise noted in the Order.

     

    “Billing Period” is the period for which the OVH Service is being billed. Billing Periods are monthly and are related to the provisioning of your service, unless otherwise noted in the Order.

     

    “Burst Bandwidth” is the amount of Bandwidth consumed by you in excess of the Bandwidth purchased with your Base Products and general applies only to Dedicated Servers and vCloud® Air™ powered by OVH.

     

    “Failover Test” is the act of performing a simulated failover and recovery exercise as part of Disaster Recovery and applies whenever one or more VMs is included in the test workflow.

     

    “IP Addresses” are used to provide connectivity to the public Internet.

     

    “Metered Usage Components” are those OVH Service elements that are billed based upon actual usage, including any usage in excess of the committed Plan Charges. Metered Usage Components are listed below.

     

     “Plan Charges” are those OVH Service components that are not billed based upon usage (i.e., those components that you have committed to purchase and that are recurring during the Service Term without regard to use).

     

    “Product Line” is a group/cluster of similar OVH Services, but not a specific product itself, to which a specific product rolls up into a “line”.  Examples for Product Line:  Hosted Private Cloud, Public Cloud Services, Dedicated Servers, Networking, Security.  

     

    “Product Family” is a group/cluster of specific OVH products within a Product Line.  Example of Product Family:  specific GPU, Game, Storage, High-Availability or Infrastructure Dedicated Servers rolling up to the Dedicated Server Product Family.

     

    “Storage” when used in context of vCloud® Air™ powered by OVH is specifically block level storage volumes made available to you through your purchased OVH Service. Storage is ordered in the increments set forth below or is allocated from within the OVH Service.  When not in context of vCloud® Air™ powered by OVH, Storage is any block, object or archive storage capacity made available within an OVH Service or as stand-alone Add-On Product.
     

    “Support” is the support services described in the Support Policies set forth at https://us.ovhcloud.com/support.

     

    “Third-Party Licenses” are those licenses for third-party software that are made available to you as optional services (either through the Service Catalog or otherwise).

     

    “UOM” is the Unit of Measure for measuring usage for billing purposes.

     

    “Usage Charges” are the service fees for those OVH Service components that are billed based upon usage. These charges will be invoiced as described in Section 3.1 of the Service Description.
     

    OVH Hosted Private Cloud and vCloud® Air™ powered by OVH Definitions:
     

    “Compute” is the allocated virtual processing and virtual memory resources available to you through your purchased OVH Service. Compute is ordered in the increments set forth below for Dedicated Cloud, Enterprise Dedicated Cloud, Virtual Private Cloud, and Disaster Recovery services.

     

    “Core Components” are Compute, Storage, Bandwidth, IP Addresses, and Support for Dedicated Cloud, Enterprise Dedicated Cloud, Virtual Private Cloud, and Disaster Recovery services.

     

    “Daily Usage Fee” is the extra cost associated with operating any VMs that have been failed over or recovered through the vCloud Air Disaster Recovery service for longer than the allowed Runtime Lease.

     

    “Elastic Compute” is the unreserved virtual processing and virtual memory resources utilized by you during a Billing Period for Dedicated Cloud, Enterprise Dedicated Cloud, Virtual Private Cloud, and Disaster Recovery services.

     

    “Offline Data Transfer” is a data migration service where a physical storage device is shipped to you and then returned to OVH for the purpose of transferring large numbers of VMs, vApps, or templates from your local VMware vSphere or VMware vCloud Director environment to your vCloud Air environment.

     

    “Runtime Lease” is the amount of time (measured in days) that a VM can be operational as part of vCloud Air Disaster Recovery.

     

    “VDCs” means virtual data centers.  VDCs in all types of service will be set up with an internal VDC network and edge gateway with optional NAT-routed network.

     

     “VMs” are virtual machines in VMware-based interactions; they may be created and managed only through VMware® vCloud Director® or VMware vCenter.

     

    “Networks” may be managed through vCenter or vCloud Air network services console (for vCloud Air powered by OVH customers) for edge gateway configuration and common use cases such as NAT mappings, firewall rules, and VM-to-network assignment. Advanced settings configuration and management such as VPN setup, load balancing, and network creation can be done through vCenter or vCloud Director.
     

    Metered Usage Components

    Consumption of the following Metered Usage Components is measured based on the UOMs and increments described below. These components incur Usage Charges and will be billed as described in Section 3 above.
     

    Pricing for the Metered Usage Components will vary based upon your ordering path. See “Fees and Charges” below.
     

    IaaS Services:

    Hosted Private Cloud – including vCloud® Air™ powered by OVH:  Dedicated Cloud, Virtual Private Cloud, and Disaster Recovery

    • Burst Bandwidth
      • Consumption Interval: Billing Period
      • Increments: per 1Mbps
    • Third-Party Licenses
      • Microsoft SPLA Subscription Software
        • Consumption Interval: Calendar month, or any portion thereof
        • Increments: per CPU
    • Data Protection Storage Capacity
      • Consumption Interval: Billing Period
      • Increments: per front end terabyte (FETB) of data protected
    • Daily Usage Fee for Compute Capacity in Disaster Recovery
      • Consumption Interval: Calendar month, or any portion thereof
      • Increments: per number of days that reserved CPU and memory capacity is online and in use in excess of the allotted Runtime Lease periods
    • Failover Test Credits for Disaster Recovery
      • Consumption Interval: 12-month period (calculated using the monthly Billing Date as the start of each Billing Period)
      • Increments: per Failover Test event
      • Limitations: additional Failover Test credits must be used within the same 12-month period as the core Disaster Recovery subscription. After 12 months, all tests associated with the Disaster Recovery SID will expire/be reset (depending on Service Term length).

    One-Time Components

    The one-time components listed below may be ordered:

    Offline Data Transfer: A single physical data transfer up to 11TB

    Pricing for these components will vary based upon your ordering path. Please see “Fees and Charges” below.
     

    Fees and Charges

    When you order directly from OVH, OVH will invoice you based upon the fees listed in OVH’s then-current applicable price list, or as otherwise agreed in an Order. When you order from an authorized OVH Partner, such OVH Partner will invoice you as agreed between you and such OVH Partner.
     

    Orders that add services or capacity to an existing service may be direct with OVH or placed with an OVH Partner, depending on how the original service order was placed. The Service Term for such additional services or capacity will be coterminous with the end of the Service Term for the applicable OVH Service. That is, if an OVH Partner is already billing you for the service, then the order for such additional services or capacity will also be placed through such OVH Partner, and the price that you agree to pay, and other applicable terms will be as agreed with such OVH Partner.