Legal: Service Level Agreement

Last Updated: May 28, 2018
 

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 (“OVH”) will use commercially reasonable efforts to ensure that each class of service purchased for an identified user of an instance of an OVH Service (“you” or “Customer”) is “Available” during a given calendar month equal to the “Monthly Availability Commitment” for such OVH Service, as set forth in the table below.

    b.  If the the Availability of your purchased OVH Service does not meet the Monthly Availability Commitment set forth above, then you may request Service Credits for that affected class of 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 Service will be considered “Unavailable,” subject to the Unavailability Exclusions and Limitations (as set forth below), if OVH’s monitoring tools determine that an “SLA Event” (as set forth below) has occurred. The total minutes that a class of Service is Unavailable for a particular SLA Event is measured from the time that OVH validates the SLA Event has occurred, as defined below, until the time that OVH resolves the SLA Event such that the OVH 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 Service being Unavailable: (i) scheduled maintenance windows where you have been notified at least 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 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 OVH’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 OVH 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 the Service Level Agreement, the Customer must have at least two Host Servers, and the High Availability (HA) option must be activated in its Virtualization Interface. This Service Level Agreement 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 Service is unavailable or defective. The application of the Service Level Agreement 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 OVH, 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) vSphere replication Customers shall adhere to the VMware guidelines located at https://kb.vmware.com/s/article/2102453   — maximum of 2000 virtual machines.

            (B) 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 5000 virtual machines per vCenter.

3.  SLA Events

    a.  OVH Service Network.   Any of the network interfaces of the OVH Service Network are unavailable for more than three (3) consecutive minutes.  The “OVH Service Network” means the network that extends from the network interfaces of physical host servers for a class of Service to the outside network interfaces providing the OVH Service’s public internet connectivity. 

    b.  vCloud® Air™ powered by OVH Services (Dedicated Cloud, Virtual Private Cloud, or Virtual Private Cloud OnDemand Services). Each of the following constitutes an SLA Event for the applicable vCloud® Air™ powered by OVH Service(s) set forth above:

        (i)  Any of the network interfaces of the OVH Service Network are unavailable for more than three (3) consecutive minutes. The “OVH Service Network” means the network that extends from the network interfaces of physical host servers for a class of Service to the outside network interfaces providing the OVH Service's public internet connectivity. 

        (ii)  The data store(s) associated with your block level storage for a class of Service are unavailable for more than three (3) consecutive minutes. 

        (iii)  The vCloud® Air™ powered by OVH self-service console, available at https://vchs.vmware.com, cannot successfully authenticate a simulated user for more than five (5) consecutive minutes. 

        (iv)    Your running virtual machines for a class of Service become inaccessible for more than five (5) consecutive minutes due to physical host server failures.

    c.  vCloud® Air™ powered by OVH: Data Protection Service.

        (i)  The backup storage repository associated with your Data Protection Service is unavailable for more than three (3) consecutive minutes. 

        (ii)  The start time associated with your backup scheduling window is missed for longer than thirty (30) consecutive minutes. 

        (iii)  The standard 24-hour recovery point objective (RPO) is missed for any virtual machines actively enrolled in the Service. 

        (iv)  Any restore operation for a virtual machine fails to complete due to backup infrastructure failures.

    d.  vCloud® Air™ powered by OVH: Disaster Recovery Service. 

        (i)  Any of the network interfaces of the OVH Service Network are unavailable for more than three (3) consecutive minutes. 

        (ii)  The data store(s) associated with your block level storage for replication is unavailable for more than three (3) consecutive minutes.

        (iii)  The self-service console, available at https://vchs.vmware.com, cannot successfully authenticate a simulated user for more than five (5) consecutive minutes. 

        (iv)  Your failed-over virtual machines for a class of Service become inaccessible for more than five (5) consecutive minutes due to physical host server failures. 

        (vi)  Any built-in service functions for failover testing, planned migration, or live failover and recovery result in virtual machine replicas not powering on in less than 4 consecutive hours from the time a request is acknowledged and approved by OVH.
 

4.  Service Credits

    a.  Unavailability of Internal Network (not including vCloud® Air™ powered by OVH Services).  5% of the total amount of the next monthly invoice, per 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 (not including vCloud® Air™ powered by OVH Services).  5% of the total amount of the next monthly invoice, per hour of Unavailability, up to a maximum of 100% of the total invoiced amount paid by Customer.

    c.  OVH Manager.  0.5% of the total monthly invoiced amount paid by Customer for each hour of portal Unavailability.

    d.  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 monthly invoiced amount paid by Customer for the affected 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 monthly invoiced amount paid by Customer for the unavailable Object Storage.

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

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

    f.  Hosted Private Cloud

        (i) Host server.  OVH will replace a defective Host Server within 15 minutes. If it cannot be replaced within 15 minutes, 100% of the 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 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 monthly invoiced amount paid by the Customer for the affected infrastructure management pack.

    g.  Service Credits for vCloud® Air™ powered by OVH Services.  Service Credits eligible for Unavailability of this Service are: a SLA Credit, a Chronic SLA Credit or a Repetitive SLA Credit (each, as defined below). 
        (i)  If the Availability of the class of service that you purchase is less than the associated Availability Commitment in a given calendar month, then you may request one (1) SLA Credit, and one (1) additional SLA Credit for each additional 300 minutes that the class of Service was Unavailable, up to a total of three (3) SLA Credits in a given calendar month. An “SLA Credit” is an amount equal to 10% of the monthly invoiced OVH Service recurring or metered (as applicable) paid by Customer for the affected class of Service in the calendar month in which the SLA Event occurred. 
        (ii)  If a particular class of service is Unavailable for 24 consecutive hours, then you may request a Chronic SLA Credit. A “Chronic SLA Credit” is an amount equal to 100% of the monthly invoiced OVH Service recurring or metered (as applicable) charges paid by Customer for the affected class of service, in the calendar month in which the SLA Event Occurred. Any Chronic SLA Credit is in lieu of any SLA Credits that might be otherwise due. 
       (iii)  If you are eligible to receive an SLA Credit or a Chronic SLA Credit in three (3) consecutive calendar months and all the credits are related to the same SLA Event type, then you may request a Repetitive SLA Credit. A “Repetitive SLA Credit” is an amount equal 100% of the largest monthly invoiced OVH Service recurring or metered (as applicable) charges paid by Customer for the affected class of Service, in one of the calendar months in which the SLA Event occurred. If an SLA Credit or a Chronic SLA Credit was already received in the Repetitive SLA Credit period, then the amount of the Service Credit that you may request will be the difference between the aggregate amount of Service Credits received and the Repetitive SLA Credit.

5.  How to Request a Service Credit 
 

    a.  For vCloud® Air™ powered by OVH Customers. You must file a support request within sixty (60) days of the suspected SLA Event at https://vchs.vmware.com. 

    b.  For all other Customers with Services in OVH data centers.  To request Service Credit you must file a support request within sixty (60) days of the suspected SLA event via the OVH 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

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

    d.  Service Credits will be issued to the person or entity that OVH invoices for the applicable instance of the OVH Service, as a separate credit memo that can be applied towards a future invoice for that OVH Service instance. If your Service Term for the OVH 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.

    e.  You will not be eligible to receive a Service Credit if: (i) your Account has any payments for the OVH 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. 
 

    f.  The Service Credits specified in this SLA are Your sole and exclusive remedies for any SLA Events occurring during Your Service Term for the OVH Service or for any other claim in connection with this SLA.