Legal: Service Level Agreement

Last Updated: July, 10 2019

SERVICE LEVEL AGREEMENT

This Service Level Agreement (this "SLA") is subject to the Terms of Service located at https://us.ovhcloud.com/legal/terms-conditions (the "Terms of Service"). Capitalized terms not defined in this SLA will have the meanings specified in the Terms of Service. We reserve the right to change the terms of this SLA in accordance with the Terms of Service.

1.  Service Availability Commitment

  A. OVH US LLC dba OVHcloud™ ("OVHcloud") will use commercially reasonable efforts to ensure that each class of OVHcloud Service purchased for an identified user of an instance of an OVHcloud Service ("You", "Your" or "Customer") is "Available" during a given calendar month equal to the "Monthly Availability Commitment" for such OVHcloud Service, as set forth in the table below.

   B. If the Availability of Your purchased OVHcloud Service does not meet the Monthly Availability Commitment set forth above, then You may request Service Credits for that affected class of OVHcloud Service. Availability in a given month is calculated according to the following formula:

Availability = ((total minutes in a calendar month – total minutes Unavailable (as defined below)) / total minutes in a calendar month) x 100

  C. A class of OVHcloud Service will be considered "Unavailable," subject to the Unavailability Exclusions and Limitations (as set forth below), if OVHcloud's monitoring tools determine that an "SLA Event" (as set forth below) has occurred. The total minutes that a class of OVHcloud Service is Unavailable for a particular SLA Event is measured from the time that OVHcloud validates the SLA Event has occurred until the time that OVHcloud resolves the SLA Event such that the OVHcloud Service is Available to You. If two or more SLA Events occurs simultaneously, the SLA Event with the longest duration will be used to determine the total minutes Unavailable.

2.  Unavailability Exclusions and Limitations

  A. Exclusions. The following will be excluded from any time-based calculations related to a class of OVHcloud Service being Unavailable: (i) scheduled maintenance windows where You have been notified at least twenty-four (24) hours in advance, (ii) recurring or zero impact maintenance windows that are made generally available to all customers, (iii) Your misuse of a particular class of OVHcloud Service, (iv) force majeure events, denial of service attacks, virus or hacking attacks for which there is no commercially reasonable, known solution, or any other events that are not within our direct control or that could not have been avoided with commercially reasonable care, (v) packet loss, network or Internet problems beyond OVHcloud’s border router supporting our public internet connectivity, (vi) bugs in code, hardware, or services for which there is no commercially reasonable, known fix (even if there is a known workaround), or (vii) events to the extent arising from Your use of an outdated release of the OVHcloud Services or third party software, or any failure to install a material Update to either of the foregoing.

  B. Service-specific Limitations

    (i) Hosted Private Cloud. To benefit from this SLA, the Customer must have at least two Host Servers, and the High Availability (HA) option must be activated in its Virtualization Interface. This SLA does not apply to any Customer that has only one Host Server. Likewise, such Customer is not entitled to the payment of any Service Credits or a replacement Host Server in the event that the OVHcloud Service is unavailable or defective. The application of this SLA is triggered by the creation of an incident ticket in accordance with the terms and conditions set out in the table. For purposes of the Monthly Availability formula set forth in Section 1(B) above, "Unavailability" means:

      (a) Host Servers: loss of access to one or more of the Host Servers provided to the Customer due to a breakdown or a malfunction of these Host Servers. Devaluation of the performance of the infrastructure without loss of access to a Host Server shall not constitute Unavailability.

      (b) Data Stores: loss of access to Customer's data in the data store due to a breakdown or a malfunction of such data store. An inability to access part of the data store and which does not impact the ability to fully access Customer's data, does not constitute Unavailability, including if a devaluation of performance of the infrastructure (especially of the access time to the data) is observed.

      (c) Network and the connectivity: loss of access to the Host Servers and/or the Storage Spaces due to a breakdown or a malfunction of the network equipment or connectivity. Breakdowns and/or malfunctions of the network equipment or connectivity which do not impact the ability to access Host Servers and Data Stores do not constitute Unavailability, including if a devaluation of performance of the infrastructure (especially the response time) is observed.

      (d) Virtualization Interface: partial or full loss of use of the Virtualization Interface functionalities due to problem inherent to this application

    (ii) Disaster Recovery RTO (Recovery Time Objective). RTO refers to the period of time beginning when Customer initiates a Failover of a Protected Instance (experiencing either a planned or unplanned outage for replication) to the time when the Protected Instance is running as a virtual machine in OVHcloud, excluding any time associated with manual action or the execution of Customer scripts. RTO does not include DNS changes (in order to ensure replicated instances are up and running).

      (a) Zerto Customers shall adhere to the Zerto guidelines located at https://www.zerto.com/myzerto/wp-content/uploads/2015/10/Zerto-Virtual-Manager-vSphere-Administration-Guide.pdf — maximum of five thousand (5000) virtual machines per vCenter.

3.  SLA Events

An "SLA Event" has occurred when any of the network interfaces of the OVHcloud Service Network are unavailable for more than three (3) consecutive minutes. The “OVHcloud Service Network” means the network that extends from the network interfaces of physical host servers for a class of OVHcloud Service to the outside network interfaces providing the OVHcloud Service’s public internet connectivity.

4.  Service Credits

  A. Unavailability of Internal Network – 5% of the total amount of the next monthly invoice, per ten (10) minutes of Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by Customer.

  B. Dedicated Servers & External Internet connectivity – 5% of the total amount of the next monthly invoice, per hour of Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by Customer.

  C. VPS – 5% of the total amount of the next monthly invoice, per consecutive one-minute increments of Unavailability (beyond the first three (3) consecutive minutes of access loss or connectivity loss), up to a maximum of 100% of the total monthly invoiced amount paid by Customer.

  D. OVHcloud Manager – 0.5% of the total monthly invoiced amount paid by Customer for each hour of portal Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by Customer.

  E. Public Cloud

    (i) Public Cloud Instances – 0.5% of the total monthly invoiced amount paid by Customer for the Unavailable components per consecutive sequences of one (1) minute (beyond the first three (3) consecutive minutes of lost access or connectivity), up to a maximum of 50% of the total monthly invoiced amount paid by Customer for the affected OVHcloud Service.

    (ii) Public Cloud Object Storage – 0.5% of the total monthly invoiced amount paid by Customer for the unavailable components per consecutive sequences of one (1) minute (beyond the first three (3) consecutive minutes of lost access or connectivity), up to a maximum 100% of the total monthly invoiced amount paid by Customer for the unavailable Object Storage.

    (iii) Public Cloud Object Storage resiliency – 100% of the total monthly invoiced amount paid by the Customer for the affected Object Storage components.

  F. Disaster Recovery: Recovery Time Objective (RTO) – In the event of non-compliance, credit is 100% of software cost for each protected instance invoiced by OVHcloud and paid for by Customer for the applicable month.

  G. Hosted Private Cloud

    (i) Host Server – OVHcloud will replace a defective Host Server within fifteen (15) minutes. If it cannot be replaced within fifteen (15) minutes, 100% of the total monthly invoiced amount paid by the Customer for the Host Server will be credited.

    (ii) Data Store – 5% of the monthly invoiced amount paid by the Customer for the affected storage per ten (10) minute period of Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by the Customer for the affected storage.

    (iii) Virtualization interface – 10% of the amount of the infrastructure management pack per hour of Unavailability, up to a maximum of 100% of the total monthly invoiced amount paid by the Customer for the affected infrastructure management pack.

5.  How to Request a Service Credit

To request Service Credit, You must file a support request within sixty (60) days of the suspected SLA event via the OVHcloud Manager portal. For detailed instructions on how to submit a request, please visit https://support.us.ovhcloud.com/hc/en-us/articles/115001819764-Contacting-OVH-US-Support#Ticket.%C2%A0.

OVHcloud will review requests and issue Service Credit when OVHcloud validates the SLA Event based on OVHcloud's data and records. OVHcloud's monitoring tools, data and records will be the sole source of information used to track and validate Availability. Upon request, OVHcloud will provide to You, within forty-five (45) days after a confirmed SLA Event (but no more than once per calendar year), a copy of the Availability report that OVHcloud makes generally available to customers.

Service Credits will be issued to the person or entity that OVHcloud invoices for the applicable instance of the OVHcloud Service, as a separate credit memo that can be applied towards a future invoice for that OVHcloud Service instance. If Your Service Term for the OVHcloud Service expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.

You will not be eligible to receive a Service Credit if: (i) Your Account has any payments for the OVHcoud Service that are delinquent, (ii) You are in violation of the Terms of Service during the time of the SLA Event, or (iii) the SLA Event was due to Your failure to meet Your security responsibilities as set forth in the Terms of Service.

The Service Credits specified in this SLA are Your sole and exclusive remedies for any SLA Events occurring during Your Service Term for the OVHcloud Service or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all SLA Events within a given month exceed 100% of the monthly invoiced amount for the OVHcloud Services.