Effective: November 18, 2020

SERVICE SPECIFIC TERMS

These Service Specific Terms together with the OVHcloud® Terms of Service (the "Terms of Service") apply only to those specific OVHcloud Services purchased by Customer (a) through the execution of an Order Form (b) through Customer's Account via OVHcloud Control Panel, or (c) through an OVHcloud Partner. In the event of a conflict between these Service Specific Terms and the Terms of Service between Customer and OVHcloud, the terms and conditions of these Service Specific Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not otherwise defined herein shall have the meanings set forth in the Terms of Service. OVHcloud reserves the right to upgrade, update, or discontinue any aspect or feature of an OVHcloud Service in whole or in part. While specific roles and responsibilities are identified as being owned by You or OVHcloud, any roles or responsibilities not set forth in these Service Specific Terms or otherwise provided in the Terms of Service are either not provided with the OVHcloud Services or are assumed to be Your responsibility.

  1. UNIVERSAL SERVICE TERMS (APPLICABLE TO ALL OVHCLOUD SERVICES)

    1. Mitigation (Protection Against DOS and DDOS Attacks)
      1. OVHcloud shall implement commercially reasonable protection against DOS and DDOS-type hacking attempts provided that these attacks are conducted in a manner reasonably considered to be serious enough by OVHcloud to warrant such protection. These protection measures shall not apply in the case of attacks such as SQL injection, brute-force, abuse of security flaws or other similar-type attacks. Given the nature of a potential DOS or DDOS attack and their complexity, OVHcloud shall implement different levels of traffic protection in order to preserve its infrastructure and the OVHcloud Service(s).
      2. Mitigation is only activated once an attack has been detected by OVHcloud tools. Therefore, until mitigation is activated, the impacted OVHcloud Service will sustain the attack directly, which may result in unavailability of OVHcloud Service. Once the attack is identified and mitigation is automatically activated, mitigation may not be deactivated until the attack has ended (the "Mitigation Period"). During the Mitigation Period, OVHcloud Services may be suspended and/or the Customer may be unable to access the OVHcloud Services.
      3. If, despite activating mitigation measures, the cyberattack affects the integrity of OVHcloud and the Customer's infrastructures, OVHcloud shall apply more robust protective measures which may result in a reduction in quality or unavailability of the OVHcloud Services.
      4. It is possible that a portion of traffic generated by the cyberattack may not be detected by OVHcloud systems and thus adversely affect the OVHcloud Service provided to the Customer. The effectiveness of mitigation measures also depends on the configuration of the OVHcloud Services. As such, the Customer is responsible for ensuring that it has the necessary competence to provide effective administration.
      5. Mitigation does not exempt the Customer from ensuring the security of the OVHcloud Service being utilized by, installing security tools (e.g. firewalls), carrying out regular updates of its systems, backing up its data, or monitoring the security of its computer programs (e.g. scripts, codes).
    2. Self-Service Portals
      1. OVHcloud-provisioned OVHcloud Services can be managed through the OVHcloud Control Panel (the "Control Panel"). Control Panel is the central administrative portal for OVHcloud Services. The Control Panel provides purchasing, billing, support, and security services for available products, as well as direct management of the infrastructure.
    3. OVHcloud Service Provisioning
      1. OVHcloud will provide the following provisioning services for the following product families: Dedicated Servers, Virtual Private Servers (VPS), Public Cloud Services and Hosted Private Cloud (the "Base Products"):
        • Implementation of compute, storage, networking (physical servers, physical storage, and physical network devices, etc.) specific to the selected Base Products; and
        • Providing initial network resources including default public IP addresses, where applicable.
      2. You will be responsible for the following provisioning services:
        • Installing and configuring custom or third-party applications, distributions and operating systems, and
        • Creating user accounts and changing default system preferences as needed.
    4. Operations – Monitoring
      1. OVHcloud 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; and
        • Monitoring capacity and performance for storage infrastructure and network hardware.
      2. You will be responsible for the following services with respect to monitoring:
        • Monitoring the assets deployed or managed within Your Account, including but not limited to operating systems, applications, specific network configurations or network appliances deployed by You, operating systems or application vulnerabilities; and
        • Monitoring the performance of any virtual machines ("VMs").
    5. Incident and Problem Management
      1. OVHcloud will provide incident and problem management services (e.g. detection, severity classification, recording, escalation, and return to service) pertaining to:
        • Infrastructure over which OVHcloud has direct administrative and/or physical access and control, such as servers, storage, and network devices; and
        • Service software over which OVHcloud has direct administrative access and control, such as the Control Panel, management services required to support Your environment and other applications that OVHcloud uses in delivery of the OVHcloud Services.
      2. 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 VMs, private clouds, and any virtualized infrastructure deployed to support the OVHcloud 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 OVHcloud platforms;
        • Operating system administration including the operating system itself or any features or components contained within it;
        • Configuration of the OVHcloud Services as it pertains to how you are consuming the OVHcloud Services, such as local backup configurations, firewall configurations, virtual network configuration.
    6. Change Management
      1. OVHcloud will maintain the following change management elements for OVHcloud's infrastructure that supports You:
        • Processes and procedures to maintain the health and availability of the management tools and OVHcloud delivery platform; and
        • Processes and procedures to release code versions, hot fixes and service packs related to the Control Panel and all supporting tools/platforms.
      2. 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; and
        • Administration of self-service features provided through the Control Panel up to the highest permission levels granted to You, including but not limited to VMs and network functions, backup administration, user configuration and role management and general account management.
    7. Infrastructure Data Recovery
      1. OVHcloud is responsible for data protection, such as routine backups, for OVHcloud's infrastructure required to operate Your service, including top-layer management and user-management interfaces owned and operated by OVHcloud.
      2. OVHcloud is also responsible for data and infrastructure restoration for OVHcloud's infrastructure required to operate Your service, including top-layer management and user-management interfaces owned and operated by OVHcloud.
      3. For the avoidance of doubt, the obligations set forth in this Section 1.G do not relieve You of Your obligation to protect Your data.
    8. Security
      1. Responsibility for end-to-end security is shared between OVHcloud and You. OVHcloud will provide security for the aspects of the OVHcloud Services over which OVHcloud has sole physical, logical, and administrative level access or control. The primary areas of responsibility as between OVHcloud and You are set forth below.
      2. OVHcloud will use commercially reasonable efforts to provide:
        • Physical Security: OVHcloud Services are hosted in state-of-the-art data center facilities. The following controls are in place at the physical layer in the data centers:
          • Equipment Location: OVHcloud and our corporate parent operate in the United States, EMEA and APAC. A site selection team determines the location of each data center site. The site selection process includes a rigorous assessment, ensuring that each site has appropriate measures and countermeasures in place.
          • OVHcloud Data Centers: OVHcloud builds and operates its own data centers and many are certified via third-party audit to meet certain compliance certifications. A list of certifications is available here, and may be updated by OVHcloud from time to time as required. Copies of reports are available upon request – subject to confidentiality and nondisclosure agreements.
        • Information Security: OVHcloud will protect the information systems used to deliver the OVHcloud Services for which OVHcloud has sole administrative level control.
        • Network Security: OVHcloud will protect the network containing OVHcloud's information systems up to the point where You have some control, permission, or access to modify the networks.
        • Security Monitoring: OVHcloud will monitor for security events involving the underlying infrastructure servers, storage, networks and information systems used in the delivery of the OVHcloud Services over which OVHcloud 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 OVHcloud Services.
        • Patching and Vulnerability Management: OVHcloud will maintain the systems OVHcloud uses to deliver the OVHcloud Services including the application of patches we deem critical for the target systems. OVHcloud will perform routine vulnerability scans to surface critical risk areas for the systems OVHcloud uses to deliver the OVHcloud Services. Critical vulnerabilities will be addressed in a timely manner.
        • PCI Compliance: If an environment is identified as PCI compliant, OVHcloud 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).
      3. 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 OVHcloud 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(s), associated with any VMs, operating systems, applications, data or content surfaced through vulnerability tools, or required for a compliance or certification program in which You are required to participate, and which are not serviced by another security program.
        • Network Security: You are responsible for the security of the network 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.
    9. IP Addresses
      1. Each of the Base Products will have a public, fixed, non-transferable IPv4 and/or IPv6 address attached (each an "IP Address").
      2. Each IP Address provided to Customer by OVHcloud will remain the property of OVHcloud.
    10. General
      1. Owing to the highly technical nature of the OVHcloud Services, OVHcloud is subject only to those obligations maintained in the applicable section of the Service Level Agreement regarding our Monthly Availability Commitment.
      2. With the exception of items provided by OVHcloud, OVHcloud does not intervene in the handling of information, data, files, systems, applications, websites or other items which are reproduced, hosted, collected, stored, transmitted, distributed, published and more generally used and/or operated by the Customer within the scope of the OVHcloud Services (collectively known as "Content Data"), and is forbidden from accessing said Content Data for any purpose other than as necessary for the provision of the OVHcloud Services.
      3. For security reasons, OVHcloud reserves the right to proceed with the immediate suspension without notice of any OVHcloud Service on which there is a public service Proxy, IRC, VPN or TOR which is available free of charge or for a fee, and for which OVHcloud has knowledge of its fraudulent or illegal misuse.
      4. Given that the network resources provided to the Customer are shared, Customer undertakes not to use the OVHcloud Service(s) in a manner detrimental to OVHcloud's other customers. In particular, the Customer undertakes not to use the public bandwidth in an intensive manner. In such a situation, OVHcloud reserves the right to apply limitations to this bandwidth. The Customer may, if it so wishes, subscribe to additional bandwidth options for the purpose of having unrestricted use of guaranteed public bandwidth.
      5. The Customer is the sole administrator of the OVHcloud Service(s). In this capacity, the Customer confirms it possess all the technical knowledge necessary to ensure correct administration of the resources provided by OVHcloud.
      6. The Customer must have an internet connection in order to log into the Control Panel or any other management interface offered by OVHcloud and access the OVHcloud Services, and is solely responsible for the aforementioned internet connection, particularly its availability, reliability and security.
      7. OVHcloud reserves the right to interrupt the OVHcloud Services in order to perform a technical intervention to improve the operation of the OVHcloud Services.
  2. DEDICATED SERVERS

    1. Service Description
      1. A "Dedicated Server" is a bare metal server that OVHcloud makes available to the Customer for rent on a monthly basis (the "Service(s)" for the purposes of this Section 2). OVHcloud offers different categories of Services, including: Rise, Advance, Infrastructure, HG, Storage, Best Value and Game. The fees, features, and basic hardware and software configurations are described and accessible online via the OVHcloud website.
    2. Customer Obligations
      1. The Service(s) do not have any pre-installed distribution (or operating system). Customer is solely responsible for selecting the distribution (or operating system). It is the Customer's responsibility to acquire the necessary rights to use the selected distribution from a publisher, an authorized third party, or OVHcloud, if applicable. The Customer is solely responsible for installing the selected distribution on the Service(s).
      2. The Customer accepts sole responsibility for the performance of any and all maintenance operations in reference to the Service(s), including but not limited to any updates to the distribution installed on the Service(s) and upgrades.
    3. OVHcloud Obligations
      1. In the context of maintenance operations, OVHcloud may have occasion to replace a component in order to keep the Service(s) in an operational condition. In such cases OVHcloud will replace the component with a new component that is identical or has equivalent features. OVHcloud cannot guarantee the substitute components compatibility with the content (including distributions, systems, software and applications) installed by the Customer in the context of the Service(s).
      2. OVHcloud reserves the right to make any modifications, updates, and/or upgrades to the Service(s) or the Host Server (as defined in Section 4.A.i). In the event of a development necessitating such an update or upgrade, the Customer will be given reasonable advance warning, except in urgent cases that may necessitate immediate implementation. If the distribution update or upgrade is not carried out following OVHcloud's requests, OVHcloud reserves the right to interrupt the connection of the Service(s) to the network.
    4. HG Customizable
      1. In addition to the terms and conditions set forth above, customizable HG servers ("HG Customizable Servers"") offered by OVHcloud are subject to the following terms and conditions:
        1. Customers may request upgrades to their HG Customizable Servers by submitting a request to the OVHcloud Customer Success Team (CST) or, where applicable, their OVHcloud account representative.
        2. OVHcloud offers Customers certain disk, GPU and Intel® Optane™ upgrades for HG Customizable Servers as further detailed on the OVHcloud website (collectively, "Upgrades"). The types and availability of Upgrades are subject to change. OVHcloud cannot guarantee the availability of any Upgrade. The cost of each Upgrade will be communicated to the Customer at the time of purchase.
        3. Any Upgrade requested by Customer and installed on an HG Customizable Server cannot be removed by the Customer for any reason.
        4. The installation of an Upgrade may result in downtime. Any downtime incurred during the installation of an Upgrade is excluded from any time-based calculations related to an HG Customizable Server being Unavailable (as defined in the Service Level Agreement).
  3. Virtual Private Server ("VPS")

    1. Service Description
      1. A Virtual Private Server ("VPS") is a single virtual machine (VM), with resources dedicated to its user, that OVHcloud makes available to the Customer for rent on a monthly basis (the "Service(s)" for the purposes of this Section 3). The fees, features, and basic hardware and software configurations are described and accessible online via the OVHcloud website.
    2. Customer Obligations
      1. The Service(s) do not have any pre-installed distribution (or operating system). Customer is solely responsible for selecting the distribution (or operating system). It is the Customer's responsibility to acquire the necessary rights to use the selected distribution from a publisher, an authorized third party, or OVHcloud, if applicable. The Customer is solely responsible for installing the selected distribution on the Service(s).
      2. The Customer accepts sole responsibility for the performance of any and all maintenance operations in reference to the Service(s), including but not limited to any updates to the distribution installed on the Service(s) and upgrades.
      3. The virtualization technologies used by OVHcloud for the management of Customer's VPS shall in no way represent any obligation on the part of OVHcloud to ensure the safeguard of the Customer's data. All measures necessary to ensure the backup of the Customer's data remains the exclusive responsibility of the Customer.
      4. Customer is prohibited from using or allowing the Services to be used for any intrusive activity or any intrusion attempts (including, but not limited to port scans, sniffing, spoofing), and any activity or contentious behavior such as traffic exchanging (Hitleap, Jingling), Black Hat SEO (downloading and uploading videos from and to online gaming platforms), crypto-currency mining, video game bots, etc. Anonymization services or public proxy (including VPN, Tor, P2P, IRC) and cardsharing (CCCam or equivalent) are not permitted on the Services.
    3. OVHcloud Obligations
      1. OVHcloud reserves the right to make any modifications, updates, and/or upgrades to the Service(s). In the event of a development necessitating such an update or upgrade, the Customer will be given reasonable advance warning, except in urgent cases that may necessitate immediate implementation. If the distribution update or upgrade is not carried out following OVHcloud's requests, OVHcloud reserves the right to interrupt the connection of the Service(s) to the network.
  4. PUBLIC CLOUD SERVICES ("PCS")

    1. Definitions
      1. "Host Server": Physical server with attributed memory (RAM) and compute (CPU). Configured and administered by OVHcloud, it is designed to accommodate one or more VMs or Instances administered by the Customer.
      2. "Infrastructure": set of components provided by OVHcloud which permit to host the Customer's public cloud including in particular (depending on the circumstance) the Host Server, the Storage Space, the network, the bandwidth and/or virtualization or cloud computing technology.
      3. "Instance": Virtual server created on the OVHcloud public cloud infrastructure and which enables the development and/or use of application solutions. The Instance, created using cloud computing technologies, includes a Storage Space and a quantity of processor and RAM resources. It is possible to add Object Storage to an Instance.
      4. "Object Storage": Distributed Storage Space based on the Object Storage architecture (management of data as objects). In the OVHcloud public cloud, it may be added to an Instance, particularly when it is used as a Snapshot (as defined below) and/or subscribed to separately.
      5. "Object Storage Container": Head unit of the Object Storage Space that shares the same access right policy, created by the Customer.
      6. "Service(s)": Public Cloud Services for the purposes of this Section 4.
      7. "Storage Space": Disk space attached to an Instance that can be either a 'local' Storage Space or a 'distributed' Storage Space, depending on the characteristics of the Instance. The 'local' Storage Space is directly attached to the Instance for the proper functioning of the operating system. Data is deleted and the disk is reinstalled to its original state every time the Instance is rebooted or stopped. Data in the 'distributed' Storage Space is stored whatever the state of the Instance. 'Distributed' Storage Space is deleted when the Instance is deleted.
    2. PCS Instances

      The following terms apply only to PCS Instances:

      1. Service Description. PCS Instances are computing services offered by OVHcloud and located on OVHcloud-owned Infrastructure for rent on a monthly basis consisting of one or several Instances and/or several Object Service Containers.
        1. Hardware resources (Host Server, Storage Space, etc.) and the Instances rented by the Customer will remain the exclusive property of OVHcloud.
        2. OVHcloud reserves the right to limit or deny access to certain ports to protect the underlying infrastructure.
        3. The Customer acknowledges that, for security reasons, some features and protocols (such as IRC or peer-to-peer file exchanges) are likely to be restricted under the Services.
      2. Customer Obligations
        1. The Customer undertakes to comply with the license conditions and conditions of use of the operation system on which the Instance is configured by OVHcloud, and the license conditions of use of the applications, in some cases pre-installed on the Instances by OVHcloud.
        2. The Customer shall be the sole administrator of their Instance. OVHcloud shall under no circumstances be involved in the administration of the Customer's Instances.
        3. The Customer may also perform maintenance operations and updates on the aforementioned operating systems and applications pre-installed on the Instance. In such a case, the Customer assumes full responsibility and OVHcloud shall not under any circumstances be held responsible, including without limitation where said operations (maintenance, updates, etc.) are performed in violation of the applicable conditions of use/license conditions, or where the Instance fails to perform and/or operate correctly following maintenance operations and/or updates performed by the Customer.
        4. The Customer shall not use the Services to deploy services which are intended to enable users to download files in large quantities to and from file hosting platforms.
        5. Customer is prohibited from using or allowing the Services to be used for any intrusive activity or any intrusion attempts (including, but not limited to port scans, sniffing, spoofing), and any activity or contentious behavior such as traffic exchanging (Hitleap, Jingling), Black Hat SEO (downloading and uploading videos from and to online gaming platforms), crypto-currency mining, video game bots, etc. Anonymization services or public proxy (including VPN, Tor, P2P, IRC) and cardsharing (CCCam or equivalent) are prohibited.
        6. In order to maintain the service level of the Customer's Instance and all the servers on the Infrastructure, OVHcloud reserves the right to request that the Customer update the operating system running on the Instance and any applications pre-installed by OVHcloud, where a security vulnerability is identified. If the Customer does not act upon such requests, OVHcloud reserves the right to disconnect the Instance, Object Storage Container and/or Infrastructure from the internet.
        7. In the event that OVHcloud finds that the Instance or Object Storage represents a security risk, OVHcloud may send an email to the Customer to inform the latter that the Instance or Object Storage Container will be reinstalled or deleted to maintain the integrity of the Instance or Object Storage Container and the entire Infrastructure. OVHcloud reserves the right to disconnect the Instance and the Object Storage Container from the internet pending the Customer's reinstallation of their Instance. The Customer is responsible for transferring data from the pirated or failing system to the new system within a commercially reasonable time. The sole responsibility of OVHcloud is the installation of the new system.
      3. OVHcloud Obligations
        1. OVHcloud reserves the right to modify the operating systems and applications pre-installed by OVHcloud on the Instance, in particular by way of any updates and/or version upgrades that it deems necessary in its sole discretion.
        2. OVHcloud reserves the right to limit or restrict certain functionality of the Instance in order to guarantee the security of the Infrastructure. OVHcloud shall inform the Customer of the implementation of these restrictions whenever possible.
        3. OVHcloud shall use reasonable endeavors to replace any defective part of Host Server as soon as reasonably possible except where OVHcloud is not directly responsible for the failure or in situations where the repair or replacement procedure requires an interruption of Service which exceeds the usual replacement time. In the latter case, OVHcloud will notify the Customer as soon as reasonably practicable.
    3. Snapshot
      1. Service Description. OVHcloud provides a feature enabling Customer to make instantaneous copies of an Instance ("Snapshots"). A Snapshot is not a perennial backup of the data of the Instance; it is rather an "instantaneous" copy of the Instance. Customers are limited to one Snapshot per VM.
      2. Customer Obligations.
        1. Snapshot does not, under any circumstances, exempt the Customer from their obligation to back up their data. Snapshot is not a disaster recovery tool.
  5. HOSTED PRIVATE CLOUD

    1. Hosted Private Cloud (or Dedicated Cloud) referred to as "HPC Services"
      1. Service Description. HPC Services are 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.
        1. Network Services
          1. Customers have access to the following network services, included as a core service within HPC Services:
            1. Network Address Translation (NAT): Separate controls for source and destination IP addresses, as well as port translation.
            2. Dynamic Host Configuration Protocol (DHCP): Configuration of IP pools, gateways, DNS servers, and search domains.
            3. Firewall: Supported rules include IP 5-tuple configuration with IP and port ranges for stateful inspection for all protocols.
            4. Load Balancing: Simple and dynamically configurable virtual IP addresses and server groups.
            5. Site-to-Site Virtual Private Network (VPN): Uses standardized IPsec protocol settings to interoperate with major VPN vendors.
            6. Static Routing: Static routes for destination subnets or hosts.
          2. HPC Service environments also receive vSphere Enterprise Plus and NSX Enterprise, with access to VMware Standard Switches, VMware Distributed Switches, and the NSX management console.
      2. Ordering Metered Usage Components
        1. For purposes of this Section, "Metered Usage Components" means those OVHcloud Service elements that are billed based on actual usage.
        2. You are obligated to pay for the Metered Usage Components at the then-current rates published by OVHcloud if You purchased the OVHcloud Service directly from OVHcloud, or at the rates agreed with your OVHcloud Partner if You purchase the OVHcloud Service through an OVHcloud Partner. The Customer will be invoiced for such usage charges within the first seven (7) days of the month for the month after the usage was incurred.
        3. Add-on capacity and services for as described above may be purchased at any time to meet new or expanded requirements.
        4. Capacity may be added via the Control Panel, Your OVHcloud Accoun Manager, or through Your OVHcloud Partner.
      3. Customer Obligations

        Customer is responsible for:

        1. Provisioning Services
          1. Creating and configuring applicable virtual data centers ("VDCs"), VMs, and networks using deployment templates and wizards.
          2. 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. Customer is responsible for license costs associated with the above referenced products.
        2. Monitoring
          1. Monitoring the assets deployed or managed within Your Account, including but not limited to VMs.
        3. Data Recovery
          1. Data protection, such as routine backups, for the data and content accessed or stored on Your VMs or storage devices, configuration settings, etc.
          2. Data, content, VM, and configuration restorations for assets accessed or stored on Your account.
        4. Virtual Server Deployment Templates
          1. Regardless of OVHcloud 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.
          2. In order to comply with OVHcloud's legal obligations to OVHcloud'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 OVHcloud 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.
      4. OVHcloud Obligations

        OVHcloud is responsible for:

        1. Monitoring
          1. Providing Customer with a VDC- and VM-level view of compute and storage resource utilization and availability.
        2. Incident and Problem Management
          1. In addition to those incident and problem management services outlined in the Universal Terms, OVHcloud will provide VMware-provided operating system templates, to the extent that:
            1. Published templates cannot be accessed from the Service Catalog (as defined below),
            2. Published templates cannot be instantiated without modification,
            3. Published templates cause errors at first run time,
            4. There are substantial hangs or excessive delays in the retrieval of a template from the Service Catalog,
            5. The configuration of a published template affects the VM's interaction with the hypervisor, and
            6. Time synchronization issues (NTP) exist.
          2. VMware-provided tools, including:
            1. VMware Tools installation and configuration,
            2. VMware Tools optimization, and
            3. Performance tuning as it relates to VMware tools and drivers.
        3. Virtual Server Deployment Templates
          1. Providing 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. OVHcloud will provide these templates, test them for quality, check for viruses, and install security patches from time to time.
          2. Templates provided by OVHcloud that are infrequently used, out of date, or no longer supported may be removed at any time.
    2. Hosted Private Cloud Premier
      1. Definitions.
        1. "Hosted Private Cloud Premier": All of the Virtual Data Center(s) hosted on OVHcloud Infrastructure. The Hosted Private Cloud Premier is managed by the Customer through the Control Panel and the Virtualization Interface. Host Servers and Storage Resources provided to the Customer as part of the Hosted Private Cloud Premier Service are reserved for the Customer.
        2. "Host Server": Dedicated server deployed in a Customer's Hosted Private Cloud Premier, This server provides additional capacity through its processor (CPU) and memory (RAM) in the Hosted Private Cloud Premier that can be managed using VMware® User Interface.
        3. "Infrastructure": Structure established by OVHcloud to host the Customer's Hosted Private Cloud Premier, including notably the network, bandwidth, physical resources and virtualization.
        4. "Pack": Contains the minimum physical resources required to operate a "Virtual Data Center" of Hosted Private Cloud Premier. A "Premier Private Cloud Pack" consists of a minimum of: (i) two (2) identical Host Servers dedicated to compute; (ii) two (2) data store resources; and (iii) the VMware vSphere Interface, known as vSphere Web Client. A "Premier Private Cloud vSAN Pack" consists of a minimum of: (i) three (3) identical Host Servers dedicated to compute; (ii) two data store resources, (iii) the VMware vSphere Interface, known as vSphere Web Client.
        5. "Storage Resource": Dedicated storage resource (typically a NAS-type resource presented as a datastore) provided and managed in a Customer's Hosted Private Cloud Premier. This resource uses disk space in the Hosted Private Cloud Premier to provide additional capacity that can be managed using VMware® User Interface.
        6. "Virtualization Interface": Third-party software provided by OVHcloud that allows the Customer to manage its Hosted Private Cloud Premier and associated services, and in particular establish and manage its Virtual Machines (VMs).
      2. Service Description. The Hosted Private Cloud Premier Service (the "Service(s)" for purposes of this Section 5(B)) consists of one or more Virtual Data Centers within a secure private network. Physical resources provided under this Service are reserved exclusively for the Customer. Each Hosted Private Cloud Premier has its own secure private network.
        1. Functionalities (subject to availability)
          1. Virtualization Interface. The Service is based on functionalities intrinsic to integrated Third-party Products from OVHcloud partner VMware's software package and which enable server ("vSphere® Hypervisors"), network ("NSX®") and storage ("vSAN®") visualization, in accordance with applicable VMware's specific terms and conditions currently in effect. All Third Party Products from the VMware software package (which constitutes a Visualization Interface) are hosted on resources managed directly by OVHcloud and external to the Customer's Hosted Private Cloud Premier. Each Visualization Interface has its own functionalities. The Customer should ensure that it makes an informed choice of Visualization Interface and acknowledges that vSphere® Hypervisor selections cannot be subsequently changed. The Customer acknowledges that full compatibility of functionalities and interoperability between Virtualization Interfaces cannot be guaranteed.
          2. Virtual Machine Encryption. VM Encryption uses an internal functionality in vSphere 6.5 or later, which can be used to encrypt VM data on the fly using an encryption key provided by a component external to the Hosted Private Cloud Premier (box encryption), with the aim of encrypting data stored in the Hosted Private Cloud Premier data stores. Customer is solely responsible for managing its own encryption key; OVHcloud accepts no responsibility in this regard.
          3. Federation. This functionality allows Users to connect their own LDAP (Lightweight Directory Access Protocol) server to their Hosted Private Cloud Premier in order to handle authentication and identification on its existing accounts. The Customer alone is responsible for ensuring that its LDAP server has proper connectivity.
          4. 2FA (Dual Factor Authentication). 2FA functionality provides the Customer a double authentication method when logging into its management interfaces. As well as username and password, the Customer requires a temporary access token to log in. The Customer is responsible for generating access tokens.
          5. vRack. vRack allows the Customer to connect some or all resources (Host Servers and Storage Resources) provided by OVHcloud, including resources located in multiple environments and/or geographically remote OVHcloud Data Centers. It is used to allow virtual workloads to run on dedicated vLANs and allow those vLANs to be propagated to other Virtual Machines on other Hosted Private Cloud Premier located in other OVHcloud Data Centers, or with other OVHcloud services. The Customer's vRack is isolated from other OVHcloud Backbone components in a logical manner.
          6. A minimum number of Host Servers may be required to activate some functionalities.
      3. Customer Obligations.
        1. The Customer is solely responsible for the use of the Services, including the administration of keys used to manage credentials and access to the Service, the use of APIs, software and tools provided by OVHcloud, the administration of subscriptions and of data that it uses in connection with the Services. The Customer must possess the necessary technical knowledge and competence and become familiar with the characteristics of Services before use.
        2. The Customer shall be the sole administrator of Virtual Data Centers, Host Servers and Storage Resources in its possession.
        3. As part of the Services, the Customer is the resource administrator for IP addresses. The Customer is responsible for managing these appropriately to ensure that its Service operates properly. The Customer should ensure that it has sufficient IP address to allocate or, where applicable, for the Hypervisor to allocate, an IP address for each of its Virtual Workloads. The Customer is solely responsible for the use of the IP address resources allocated or leased as part of the Service.
        4. The Customer alone is responsible for the administration of its vRack and resources deployed thereon. The Customer should determine the vRack's composition (connected resources) and logical configuration (logical network and sub-network architecture). The Customer shall administer its vRack directly via the OVHcloud Control Panel. The Customer may securely connect its own infrastructure and external resources to vRack through OVHcloud Connect Service for example.
        5. The Customer undertakes to make responsible use of the Service, in particular allocated network resources and is responsible for ensuring that it has sufficient resources to ensure that its Virtual Machines function correctly.
        6. The Customer acknowledges that, for security reasons, some functionalities and protocols (such as IRC or peer-to-peer file sharing) may be subject to restrictions under the Service. The use of proxies, and anonymization services are strongly discouraged under the Service. Applicable restrictions are set forth in the Terms of Service.
        7. The Customer is responsible for using the Service in accordance with the user licenses of integrated solutions. OVHcloud reserves the right to perform checks to ensure compliance with these conditions of use by the Customer, and to suspend the Service under the conditions set forth in the Terms of Service, where the Customer does not comply with the terms and conditions of use of Services, applicable law and regulations, and/or third-party rights.
        8. Business Continuity. Customers are reminded that, unless stipulated otherwise, the Hosted Private Cloud Premier service does not include a Business Continuity Plan ("BCP") or Disaster Recovery Plan ("DRP"). As such, the Customer is responsible for implementing its own BCP and/or DRP; it may order Hosted Private Cloud Premier Services in different Data Centers, which will provide resources in different risk environments. The Customer must then take the necessary technical and organizational measures to ensure continuity in its business activity in the event of a major malfunction that might impact the availability, integrity or privacy of its Service. The Customer may use the Disaster Recovery as a Service (DRaaS) option, the conditions of which are detailed below.
        9. Back-ups. OVHcloud makes no commitment to back up the Customer's data hosted on the Hosted Private Cloud Premier. It is therefore the Customer's responsibility to take all necessary measures to back up its data in the event of loss, damage to shared data, for any reason, including data not expressly mentioned in these Service Specific Terms. The Customer may use the Backup Option, the specific conditions for which are attached hereto as Annex 2.
      4. OVHcloud Obligations.
        1. OVHcloud shall provide the Customer with a range of Pack configurations, descriptions of which are available on the OVHcloud website. The Host Server product line and Pack selection determines the functionalities that can be accessed on the Virtual Data Center, as well as performance levels.
        2. OVHcloud's role is limited to Infrastructure maintenance operations and responsibility for energy supply and network connection to the Customer's Hosted Private Cloud Premier.
      5. Updates.
        1. As part of the Services, OVHcloud updates the Infrastructure with planned maintenance. During such planned maintenance, the Host Servers will be updated. If the Hosted Private Cloud Premier environment is sized with enough spare compute and Storage Resources to allow the automation to reboot the Host Servers safely, OVHcloud will reboot the Host Servers so they are up to date without any downtime. If the environment is not sized to allow the automation to reboot safely, the responsibility is on Customer to reboot the Host Servers within one (1) month after the installation of the new build. If the reboot has not been performed, the automation will proceed automatically at the end of the thirty (30) days. The reboot will not be able to enter the Host Servers in maintenance mode and the reboot will create downtime. For the avoidance of doubt, such downtime is excluded from any applicable SLA calculations.
        2. OVHcloud shall provide updates to NSX and vROPS; however, Customer is solely responsible for implementing such updates.
        3. OVHcloud shall provide updates to vCenter. Updates carried out are those released by VMware, in accordance with the applicable Third Party Terms currently in effect. Updates to vCenter may result in automatic updates to the ESXi Hypervisor.
        4. With regards to ESXi installations on Customer's Host Servers, OVHcloud will notify Customer. Customer shall be fully responsible for, and directly administer, minor updates (patches) to ESXi. As such, OVHcloud encourages Customer to regularly check for available updates with the VMware publisher. For this purpose, Customer may use VMware's VUM (Virtual Update Manager). OVHcloud accepts no responsibility for any Service malfunctions resulting from updates to the Hypervisor installed by Customer. Likewise, Customer assumes full responsibility for non-application of updates or upgrades to the Hypervisor.
        5. Where Customer refuses an upgrade provided by OVHcloud, it shall not receive Virtualization Interface improvements or new functionalities. OVHcloud reserves the right not to maintain or make improvements to older versions of the Hypervisor. Customer may be required to move to a later version of the Virtualization Interface to ensure effective Service operation. Older versions of Hypervisor are understood as two major versions behind the most current as provided by OVHcloud.
        6. Customer alone is responsible for maintenance of and updates to systems and applications that it installs on Virtual Machines, which are outside OVHcloud's scope of operations.
      6. Lifecycle Management
        1. OVHcloud will announce within six (6) months following the launch of a new generation of Services the specific dates for the end of sales, support and life for the previous generation(s) of the Service.
    3. Disaster Recovery as a Service (DRaaS)
      1. Service Description.. Service Description. DRaaS provides operational consistency and business continuity for Your data workloads located on premises or in the cloud. A DRaaS solution combines HPC Services with a third party disaster recovery solution.
        1. Customers may select from the following disaster recovery solutions (each, a "DR Solution", and collectively, the "DR Solutions"):
          1. VMware vSphere® Replication™
          2. VMware Hybrid Cloud Extension™,
          3. Veeam
          4. Zerto

          By purchasing, downloading or using any of the DR Solutions set forth above (or otherwise offered by OVHcloud), you agree to be bound by the applicable terms for that DR Solution. Please see the Third Party Terms for more details.

        2. OVHcloud reserves the right to add, update or discontinue any DR Solution at any time.
      2. Zerto

        In addition to the terms and conditions provided in the Third Party Terms related to Zerto, Customer is limited to a maximum of five thousand (5,000) virtual machines per vCenter.

  6. MANAGED BARE METAL ESSENTIALS POWERED BY VMWARE®

    1. Definitions
      1. Customer Network: Resources external to OVHcloud Infrastructure used by the Customer in order to communicate with Resources provided by OVHcloud. These may be the Customer's own resources and/or resources provided and/or hosted by third parties on Customer's behalf.
      2. Managed Bare Metal Essentials or Essentials: All of the Virtual Data Centers hosted on OVHcloud Infrastructure. Essentials is managed by the Customer through the Control Panel and the Virtualization Interface. Host Servers and Storage Resources provided to the Customer as part of the Essentials service are reserved for the Customer.
      3. Host Server: Dedicated server deployed in a Customer's Essentials. This server provides additional capacity through its processor (CPU) and memory (RAM) in the Essentials that can be managed using the VMware® User Interface.
      4. Infrastructure: Structure established by OVHcloud to host the Customer's Essentials, including notably the network, bandwidth, physical resources and Virtualization.
      5. OVHcloud Connect": Connectivity to the OVHcloud internal dedicated network ("Backbone"), provided to the Customer at one or more OVHcloud Points of Presence. OVHCloud Connect allows the Customer to connect its own Customer Network to its OVHcloud Connect.
      6. Pack": Contains the minimum physical resources required to operate a "Virtual Datacenter" of Essentials. An Essentials Pack consists of a minimum of: (i) two (2) identical Host Servers dedicated to compute; (ii) two (2) data store resources; and (iii) the VMware vSphere Interface, known as vSphere Web Client.
      7. Point of Presence: Physical locations on the OVHcloud network of CDN Servers connected to the Internet, as presented in its commercial offering (CDN infrastructure, Geocache Accelerator, CDN Web Storage).
      8. Range: This is defined as the generation of Essentials added to the Customer infrastructure.
      9. Storage Resources: Dedicated storage resource (typically a NAS-type resource presented as a datastore) provided and managed in Customer's Essentials. This resource uses disk space in the Essentials to provide additional capacity that can be managed using VMware® User Interface.
      10. Virtualization Interface: Third-party software provided by OVHcloud that allows Customer to manage its Essentials and associated services, and in particular to establish and manage its Virtual Machines.
      11. Virtual Machine or VM: A non-physical workload that uses Virtual Datacenter resources and is installed on the Essentials network. Each virtual workload is managed independently from others within the Customer's Virtual Datacenter.
    2. Service Description
      1. Managed Bare Metal Essentials (the "Service(s)" for the purpose of this Section 6) consists of one or more Virtual Datacenters within a secure private network. Physical resources provided under the Service are reserved exclusively for the Customer. Each Essentials has its own secure private network.
      2. Functionalities (subject to availability)
        1. Virtualization Interface. The Service is based on functionalities intrinsic to integrated Third-party Products from OVHcloud partner VMware's software package and which enable server ("vSphere® Hypervisors") and vROps visualization, in accordance with applicable VMware's specific terms and conditions currently in effect. All Third-party Products from the VMware software package (which constitutes a Visualization Interface) are hosted on resources managed directly by OVHcloud and external to the Customer's Essentials. Each Visualization Interface has its own functionalities. The Customer should ensure that it makes an informed choice of Visualization Interface and acknowledges that vSphere® Hypervisor selections cannot be subsequently changed. The Customer acknowledges that full compatibility of functionalities and interoperability between Virtualization Interfaces cannot be guaranteed.
        2. Virtual Machine Encryption. VM Encryption uses an internal functionality in vSphere 6.7 or later, which can be used to encrypt VM data on the fly using an encryption key provided by a component external to the Essentials (box encryption), with the aim of encrypting data stored in the Essentials datastore. Customer is solely responsible for managing its own encryption key; OVHcloud accepts no responsibility in this regard.
        3. Federation. This functionality allows the Customer to connect their own LDAP (Lightweight Directory Access Protocol) server to their Essentials in order to handle authentication and identification on its existing accounts. The Customer alone is responsible for ensuring that its LDAP server has proper connectivity.
        4. 2FA (Dual Factor Authentication). 2FA functionality provides Customer with a double authentication method when logging into its management interfaces. As well as a username and password, the Customer requires a temporary access token to log in. The Customer is responsible for generating access tokens.
        5. vRack. vRack allows Customer to connect some or all resources (Host Servers and Storage Resources) provided by OVHcloud, including resources located in multiple environments and/or geographically remote OVHcloud Datacenters. It is used to allow Virtual Workloads to run on dedicated vLANs and allow those vLANs to be propagated to other Virtual Machines on other Essentials located in other OVHcloud Data Centers, or with other OVHcloud services. Customer's vRack is isolated from other OVHcloud Backbone components in a logical manner.
    3. Customer Obligations
      1. Customer is solely responsible for the use of the Services, including the administration of keys used to manage credentials and access to the Service, the use of APIs, software and tools provided by OVHcloud, the administration of subscriptions and of Data that it uses in connection with the Services. Customer must possess the necessary technical knowledge and competence and become familiar with the characteristics of Services before use.
      2. Customer shall be the sole administrator of Virtual Data Centers, Host Servers, and Storage Resources in its possession.
      3. As part of the Service, Customer is the resource administrator for IP addresses. Customer is responsible for managing these appropriately to ensure that its Service operates properly. Customer should ensure that it has sufficient IP addresses to allocate or, where applicable, for the Hypervisor to allocate, an IP address for each of its Virtual Workloads. Customer is therefore solely responsible for the use of IP address resources allocated or leased as part of the Service.
      4. Customer alone is responsible for the administration of its vRack and resources deployed thereon. Customer should determine the vRack's composition (connected resources) and logical configuration (logical network and sub-network architecture). Customer shall administer its vRack directly via the Control Panel. Customer may securely connect its own infrastructure and external resources to vRack through OVHcloud Connect Service, for example.
      5. Customer undertakes to make responsible use of the Service, in particular allocated network resources, and is responsible for ensuring that it has sufficient resources to ensure that its Virtual Machines function correctly.
      6. Customer acknowledges that, for security reasons, some functionalities and protocols (such as IRC or peer-to-peer file sharing) may be subject to restrictions under the Service. The use of proxies, and anonymization services are strongly discouraged under the Service. Applicable restrictions are forth in the Terms of Service.
      7. Customer is responsible for using the Service in accordance with the user licenses of integrated solutions. OVHcloud reserves the right to perform checks to ensure compliance with these conditions of use by the Customer, and to suspend the Service under the conditions set forth in the Terms of Service, where the Customer does not comply with the terms and conditions of use of the Services, applicable law and regulations, and/or third-party rights.
      8. Business Continuity. The Essentials service does not include a Business Continuity Plan ("BCP") or Disaster Recovery Plan ("DRP"). As such, Customer is responsible for implementing its own BCP and/or DRP. The Customer may use the Disaster Recovery as a Service (DRaaS) option, the conditions of which are detailed herein.
      9. Back-ups. OVHcloud makes no commitment to back up the Customer's data hosted on Essentials. It is therefore Customer's responsibility to take all necessary measures to back up its data in the event of loss, damage to shared data, for any reason, including data not expressly mentioned in these Service Specific Terms. The Customer has the option of adding Veeam Managed Backup to Essentials, the specific conditions for which are attached hereto as Annex 3.
    4. OVHcloud Obligations
      1. OVHcloud shall provide the Customer with a range of Pack configurations, descriptions of which are available on the OVHcloud website. The Host Server product line and Pack selection determines the functionalities that can be accessed on the Virtual Data Center, as well as performance levels.
      2. OVHcloud's role is limited to Infrastructure maintenance operations and responsibility for energy supply and network connection to Customer's Essentials.
    5. Updates
      1. OVHcloud will update the Infrastructure during planned maintenance windows. Following the pre-staging of the update during a maintenance window, the Customer will be prompted by OVHcloud to reboot the Host Server(s). If the Customer does not reboot the Host Server(s) within seven (7) days and the Essentials environment is sized with enough spare compute and Storage Resources to allow the automation to reboot the Host Server(s) safely, OVHcloud will reboot the Host Server(s) so they are up to date. If the Customer does not reboot the Host Server(s) within seven (7) days and the Essentials environment is not sized to allow the automation to reboot safely, a free spare host will be added temporarily to allow the Host Server(s) to be rebooted. Any downtime resulting from updates to Essentials environment not sized to allow the automation to reboot safely is excluded from any applicable SLA calculations.
      2. With regard to ESXi installations on Customer's Host Servers, OVHcloud will notify the Customer as stated above. Customer shall be fully responsible for, and directly administer, minor updates (patches) to ESXi. As such, OVHcloud encourages Customer to regularly check for available updates with the VMware publisher. For this purpose, Customer may use VMware's VUM (Virtual Update Manager). OVHcloud accepts no responsibility for any Service malfunctions resulting from updates to the Hypervisor installed by Customer. Likewise, Customer assumes full responsibility for non-application of updates or upgrades to the Hypervisor.
      3. OVHcloud shall provide updates to vCenter. Updates carried out are those released by VMware, in accordance with the applicable Third Party Terms currently in effect. Updates to vCenter may result in automatic updates to the ESXi Hypervisor.
      4. Where activated, OVHcloud shall provide updates to vROPS; however, Customer is solely responsible for implementing such updates.
      5. Where Customer refuses an upgrade provided by OVHcloud, it shall not receive Virtualization Interface improvements or new functionalities. OVHcloud reserves the right not to maintain or make improvements to older versions of the Hypervisor. Customer may be required to move to a later version of the Virtualization Interface to ensure effective Service operation. Older versions of Hypervisor are understood as two major versions behind the most current as provided by OVHcloud.
      6. Customer alone is responsible for maintenance of and updates to systems and applications that it installs on Virtual Machines, which are outside OVHcloud's scope of operations.
    6. Lifecycle Management
      1. OVHcloud will announce within six (6) months following the launch of a new generation of Services the specific dates for the end of sales, support and life for previous generation(s) of the Service.

    ANNEX 1
    DIVISION OF TASKS AND RESPONSIBILITIES BETWEEN OVHCLOUD AND CUSTOMER

    PREMIER

      OVHcloud Customer
    Maintenance    
    Private Cloud Premier Infrastructure Hardware X  
    Virtualization Interface X X
    Software installed by the Customer   X
    Software provided by OVHcloud X  
    Back-up    
    Virtual Machine and Customer Content   X
    Configurations provided by OVHcloud X  
    Maintenance VEEAM Back-up X  
    VEEAM Back-up use (including ensuring proper back-up performance and integrity)   X
    Service Operation    
    Administration   X
    Infrastructure Availability X  
    Reversibility    
    Data retrieval   X
    Deletion of data on termination X  
    Security    
    Hosted Private Cloud Premier Infrastructure X  
    Virtual architecture hosted in the Hosted Private Cloud Premier   X
    Safeguarding VM content   X

    ESSENTIALS

      OVHcloud Customer
    Maintenance    
    Essentials Infrastructure Hardware X  
    Virtualization Interface X X
    Software installed by the Customer   X
    Software provided by OVHcloud X  
    Back-up    
    Virtual Machine and Customer Content   X
    Configurations provided by OVHcloud X  
    Maintenance VEEAM Back-up X  
    VEEAM Back-up use (including ensuring proper back-up performance and integrity)   X
    Service Operation    
    Administration   X
    Infrastructure Availability X  
    Reversibility    
    Data retrieval   X
    Deletion of data on termination X  
    Security    
    Essentials Infrastructure X  
    Virtual architecture hosted in the Essentials   X
    Safeguarding VM content   X

    ANNEX 2
    VEEAM MANAGED BACKUP – PREMIER

    This document describes and sets out the specific terms and conditions applicable to the Veeam Managed Backup Service offered by OVHcloud as an add-on option to the Hosted Private Cloud Premier Service (hereinafter referred to as the "Backup Option" or "Veeam Managed Backup"). It complements and forms an integral part of the Hosted Private Cloud Premier Services. In the event of any inconsistencies between this Annex 2 and the Service Specific Terms, this Annex 2 shall prevail if the Customer has purchased Veeam Managed Backup.

    Description: The Backup Option allows the Customer to back up the Virtual Machines on their Hosted Private Cloud Premier, as well as the data stored on them (hereinafter referred to as "Backup"). This backup feature is integrated into the management interface and Virtualization Interface. The Backup Option is an optional service that is not included by default in the cost of the Hosted Private Cloud Premier Service. This Backup Option must be the subject of a specific order or activation, and results in additional invoicing.

    Software: The software that allows the Customer to use the Backup Option is developed by third-party suppliers ("Third-Party Products"). OVHcloud does not participate in the creation and development of these Third-Party Products made available to the Customer as part of the Backup Option. Consequently, OVHcloud is not responsible for Third-Party Products made available as part of the Hosted Private Cloud Premier Service, which may include technical errors, security vulnerabilities, incompatibilities or instability, and does not give any guarantee on Third-Party Products made available as part of the Hosted Private Cloud Premier. The Customer is only allowed to use the Third-Party Products made available by OVHcloud within the scope of the Hosted Private Cloud Premier Service in accordance with any applicable Third Party's terms and conditions currently in effect. This excludes in particular any possibility of decompiling, accessing sources, reinstalling on other infrastructures and sub-licensing the Third-Party Product programs or systems made available to them. OVHcloud and the third-party supplier reserve the right to modify the Third-Party Products at any time.

    Backup Option Mechanisms: Backups are performed using the "Veeam Managed Backup" Third-Party Product. From the OVHcloud Control Panel. Customer will activate the Veeam Managed Backup option in their management interface and will chose between three (3) levels of offers: "Standard", "Advanced" or "Premium". Once one of these offers is selected and activated on the Customer's Hosted Private Cloud Premier, this is the only offer that will be available for the Backup of all its virtual machines. The number of incremental backups, full backups and additional features available depend on the level of service selected in the management interface. Backups are not replicated by default, and are only available on the higher levels of offers. On each update, a consistency check between the backed up Virtual Machine and its Backup is performed automatically via a control application. This check concerns only the consistency of the Backup file against the source file and does not check the integrity of the Backup or the data contained on it. In the event of an inconsistency or error detected, a new Backup is automatically performed by the system. In the event of a new inconsistency or error detected, this is mentioned in the daily Backup report communicated to the Customer. This consistency check is an obligation of means (commercially reasonable efforts), and OVHcloud shall not assume any responsibility or liability in the event of the failure of this check, or corruption of the backed-up or duplicated data. The Backup Options are conceived for Virtual Machines to be backed up that do not exceed two (2) terabytes.

    Storage space: The Storage Resources allocated to the Backup Option are shared. The Storage Resources allocated to the Customer are logically isolated from those allocated to other OVHcloud customers, and are physically separated from the Infrastructure in which the Customer has set up their Hosted Private Cloud Premier. The Storage Resources used for the Backup Option is located in the same datacenter as the Hosted Private Cloud Premier Service that is being backed up. It is the Customer's responsibility to ensure that the location of the data center meets their needs and requirements.

    Terms of use: The Customer is solely responsible for the use of the Backup Option, and in particular (a) for selecting the Virtual Machines on their Hosted Private Cloud Premier to be backed up, (b) for checking that the Backups are properly performed, (c) for checking the integrity of the backups using the tools that the Customer considers appropriate, and, (d) in the event of failure, for implementing a new Backup operation if necessary by contacting OVHcloud Support. OVHcloud does not manage Backup or Restore operations performed as part of the Hosted Private Cloud Premier Services. OVHcloud cannot be held responsible in the event of failure, malfunction or error in the Backup operations. The Customer agrees to flag as soon as possible the discovery of a malfunction, error or vulnerability in the Backup operation. The Customer is solely responsible for the content of the Backups. The Customer ensures that they hold the necessary rights and are in compliance with the regulations in force. OVHcloud has no knowledge of the content and activities for which the Customer uses the Backup and Restore solution. The Backup option may be suspended and interrupted in accordance with the Terms of Service and Service Specific Terms applicable to the Hosted Private Cloud Premier Service. OVHcloud is subject to an obligation of means.

    Billing: The Customer is invoiced according to (i) the number of Virtual Machines backed up, (ii) the size of the Virtual Machines backed up and (iii) the Backup service chosen.

    End of Services: In the event of deletion, reinstallation or configuration change of a Virtual Machine or Backup, as well as in the event of termination or non-renewal of a Hosted Private Cloud Premier Service or the Backup option, all Backups (including the data and information they contain) are automatically and irreversibly deleted. Before starting these tasks, as well as before the expiry date of their Backup Option or Hosted Private Cloud Premier Services, it is the Customer's responsibility to back up or transfer their Virtual Machines (including all the data and information they contain) to other devices, in order to protect against any loss or alteration.

    Service Level Agreement. OVHcloud shall use commercially reasonable efforts to maintain the uptime and response time SLAs for the Veeam Managed Backup Service provided by OVHcloud to allow the Customer to perform daily backup tasks and make those tasks available to the Customer. To do this we will collect a combination of metrics, such as these:

    • Veeam service uptime
    • Uptime of infrastructure where Veeam Services are installed
    • Network uptime
    • Storage uptime

    In addition, we will watch for errors on API calls, in case there are any, for longer than 120ms. SLA does not apply on the backup content nor the time it takes for the backup job to run.

    SLA Uptime GTI* GTR**
    Standard 99.9% 12h 72h
    Advanced 99.9% 8h 48h
    Premium 99.9% 4h 24h

    *Backup jobs are excluded

    **Start from the Backup Report for backup jobs

    In case the Veeam Managed Backup product SLA is not reached, Customer is entitled to be compensated up to 30% of all the protected VMs impacted by the downtime of Veeam Managed Backup product in accordance with the Hosted Private Cloud Premier Service Level Agreement.

    GTI, Goal Time for Intervention. The time target for OVHcloud's initial intervention on an incident. Starts when a task is launched by Customer, results in an error, and it ends when OVHcloud contacts Customer with a Support Ticket ID, or when OVHcloud Support personnel replies for the first time on an incident ticket opened by Customer.

    GTR, Goal Time for Recovery. The target amount of time OVHcloud will take to recover from the incident reported automatically by the system or by the Customer, by creating an incident ticket. It starts when a task launched by Customer results in error and it ends when the incident is resolved with a state of "done" or "cancel" (with Customer agreement).

    Conditions
    These are the conditions for this SLA to be applied:

    • Customer must have the Veeam Backup Server VM hosted and in working order in the Hosted Private Cloud Premier infrastructure at OVHcloud.
    • Customer must have this VM protected with High Availability at all times.
    • The VM must follow Veeam Backup Best Practices.
    • VMs over 2TBs in size are not subject to this SLA.
    • Should Customer try to back up a VM over the allowed size or if the Backup job is cancelled by Customer, this SLA will not apply.
    • OVHcloud reserves the right to request Customer to relaunch a backup job that previously failed, if Customer is not able to comply and/or if Customer is not available to perform this request, this SLA should not apply.

    ANNEX 3
    VEEAM MANAGED BACKUP – ESSENTIALS

    This document describes and sets out the specific terms and conditions applicable to the Veeam Managed Backup Service offered by OVHcloud as an add-on to the Essentials Service (hereinafter referred to as the "Backup Option" or "Veeam Managed Backup"). In the event of any inconsistencies between this Annex 3 and the Service Specific Terms, this Annex 3 shall prevail if the Customer has purchased Veeam Managed Backup.

    Description: The Backup Option allows the Customer to back up the Virtual Machines on their Essentials Service, as well as the data stored on them (hereinafter referred to as "Backup"). This backup feature is integrated into the Management and Virtualization Interfaces. The Backup Option is an optional Service that is not included by default in the cost of the Essentials Service. This Backup Option must be the subject of a specific order or activation, and results in additional invoicing.

    Software: The software that allows the Customer to use the Backup Option is developed by third-party suppliers ("Third-Party Products"). OVHcloud does not participate in the creation and development of these Third-Party Products made available to the Customer as part of the Backup Option. Consequently, OVHcloud is not responsible for Third-Party Products made available as part of the Essentials Service, which may include technical errors, security vulnerabilities, incompatibilities or instability, and does not give any guarantee on Third-Party Products made available as part of the Essentials Service. The Customer is only allowed to use the Third-Party Products made available by OVHcloud within the scope of the Essentials Service in accordance with any applicable Third Party's terms and conditions currently in effect. This excludes in particular any possibility of decompiling, accessing sources, reinstalling on other infrastructures and sub-licensing the Third-Party Product programs or systems made available to them. OVHcloud and the third-party supplier reserve the right to modify the Third-Party Products at any time.

    Backup Option Mechanisms: Backups are performed using the "Veeam Managed Backup" Third-Party Product. From the OVHcloud Control Panel, Customer will activate the Veeam Managed Backup option in their management interface and will chose between three (3) levels of offers: "Standard", "Advanced" or "Premium". Once one of these offers is selected and activated on the Customer's Essentials Service, this is the only offer that will be available for the Backup of all its virtual machines. The number of incremental backups, full backups and additional features available depend on the level of service selected in the management interface. Backups are not replicated by default, and are only available on the higher levels of offers. On each update, a consistency check between the backed up Virtual Machine and its Backup is performed automatically via a control application. This check concerns only the consistency of the Backup file against the source file and does not check the integrity of the Backup or the data contained on it. In the event of an inconsistency or error detected, a new Backup is automatically performed by the system. In the event of a new inconsistency or error detected, this is mentioned in the daily Backup report communicated to the Customer. This consistency check is an obligation of means (commercially reasonable efforts), and OVHcloud shall not assume any responsibility or liability in the event of the failure of this check, or corruption of the backed-up or duplicated data. The Backup Options are conceived for Virtual Machines to be backed up that do not exceed two (2) terabytes.

    Storage space: The storage resources allocated to the Backup Option are shared. The Storage Resources allocated to the Customer are logically isolated from those allocated to other OVHcloud customers and are physically separated from the Infrastructure in which the Customer has set up their Essentials Service. The Storage space used for the Backup Option is located in the same datacenter as the Essentials Service that is being backed up. It is the Customer's responsibility to ensure that the location of the datacenter meets their needs and requirements.

    Terms of use: The Customer is solely responsible for the use of the Backup Option, and in particular (a) for selecting the Virtual Machines on their Essentials Service to be backed up, (b) for checking that the Backups are properly performed, (c) for checking the integrity of the backups using the tools that the Customer considers appropriate, and, (d) in the event of failure, for implementing a new Backup operation if necessary by contacting OVHcloud Support. OVHcloud does not manage Backup or Restore operations performed as part of the Services. OVHcloud cannot be held responsible in the event of failure, malfunction or error in the Backup operations. The Customer agrees to flag as soon as possible the discovery of a malfunction, error or vulnerability in the Backup operation. The Customer is solely responsible for the content of the Backups. The Customer ensures that they hold the necessary rights and are in compliance with the regulations in force. OVHcloud has no knowledge of the content and activities for which the Customer uses the Backup and Restore solution. The Backup option may be suspended and interrupted in accordance with the terms of the Terms of Service and Services Specific Terms applicable to the Essentials Service. OVHcloud is subject to an obligation of means.

    Billing: The Customer is invoiced according to (i) the number of Virtual Machines backed up, (ii) the size of the Virtual Machines backed up and (iii) the Backup service chosen.

    End of Services: In the event of deletion, reinstallation or configuration change of a Virtual Machine or Backup, as well as in the event of termination or non-renewal of Essentials Service or the Backup option, all Backups (including the data and information they contain) are automatically and irreversibly deleted. Before starting these tasks, as well as before the expiry date of their Backup Option or Essentials Services, it is the Customer's responsibility to back up or transfer their Virtual Machines (including all the data and information they contain) to other devices, in order to protect against any loss or alteration.

    Service Level Agreement. OVHcloud shall use commercially reasonable efforts to maintain the uptime and response time SLAs for the Veeam Managed Backup Service provided by OVHcloud to allow the Customer to perform daily backup tasks and make those tasks available to the Customer. To do this OVHcloud will collect a combination of metrics, such as these:

    • Veeam service uptime
    • Uptime of infrastructure where Veeam Services are installed
    • Network uptime
    • Storage uptime

    In addition, we will watch for errors on API calls, in case there are any, for longer than 120ms. SLA does not apply on the backup content nor the time it takes for the backup job to run.

    SLA Uptime GTI* GTR**
    Standard 99.7% 12h 72h
    Advanced 99.7% 8h 48h
    Premium 99.7% 4h 24h

    *Backup jobs are excluded

    **Start from the Backup Report for backup jobs

    In case the Veeam Managed Backup product SLA is not reached, Customer is entitled to be compensated up to 30% of all the protected VMs impacted by the downtime of Veeam Managed Backup product in accordance with the Managed Bare Metal Essentials Service Level Agreement.

    GTI, Goal Time for Intervention. The time target for OVHcloud's initial intervention on an incident. Starts when a task is launched by Customer, results in an error, and it ends when OVHcloud contacts Customer with a Support Ticket ID, or when OVHcloud Support personnel replies for the first time on an incident ticket opened by Customer.

    GTR, Goal Time for Recovery. The target amount of time OVHcloud will take to recover from the incident reported automatically by the system or by the Customer, by creating an incident ticket. It starts when a task launched by Customer results in error and it ends when the incident is resolved with a state of "done" or "cancel" (with Customer agreement).

    Conditions
    These are the conditions for SLA to be applied:

    • Customer must have the Veeam Backup Server VM hosted and in working order in the Essentials infrastructure at OVHcloud.
    • Customer must have this VM protected with High Availability at all times.
    • The VM must follow Veeam Backup Best Practices.
    • VMs over 2TBs in size are not subject to this SLA.
    • Should Customer try to back up a VM over the allowed size or if the backup job is cancelled by the Customer, this SLA will not apply.
    • OVHcloud reserves the right to request Customer relaunch a backup job that previously failed, if Customer is not able to comply and/or if Customer is not available to perform this request, this SLA does not apply.