Service Specific Terms

Name: Service Specific Terms
Brand: OVHcloud
Rating: 4.8 (476 reviews)

Effective as of March 13, 2022

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.

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, except in the APAC region, 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.
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: Eco Range (Rise, So you Start and Kimsufi), Advance, Infrastructure, HG, High Grade, Scale, 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. Customer is highly encouraged to order all VMware product offerings for use with the Service(s) directly from OVHcloud. Customer acknowledges and agrees that various VMware on-premises offerings are subject to restrictions or outright prohibitions regarding installation and/or use with cloud service offerings, including the Service(s). It is Customer's responsibility to review the VMware Product Guide (see VMware Product Guide) regarding such restrictions and prohibitions. For example, if Customer has purchased a vSphere perpetual license entitlement from VMware or another VMware authorized channel partner (other than OVHcloud), such license cannot be used with the Services.
  3. 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 Support 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).
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.
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.
4. Managed Kubernetes Service
  The following terms apply only to the Managed Kubernetes Service:
  1. Service Description. OVHcloud provides a solution based on the Kubernetes open-source system allowing the containerized applications and underlying resources (including computing instances and additional disks) to be orchestrated via an API within the OVHcloud Public Cloud.
    1. To use the Managed Kubernetes Service, it must be associated with the Customer’s OVHcloud Public Cloud project.
    2. The location of the Kubernetes cluster (the "Cluster") is selected by the Customer at the time of its creation from among the available datacenters.
    3. Once a Cluster is associated with a project, the Customer can configure the particular Cluster and add/remove resources such as instances, additional disks or load balancers via the API provided and developed by OVHcloud and orchestrate its resources through the standard Kubernetes API.
    4. The main infrastructure in charge of managing the Cluster (the "Master Infrastructure") is dedicated to the Customer and hosted, managed and maintained in operational condition by OVHcloud. As such, the configuration of the Cluster performed by the Customer is backed up by OVHcloud on its own infrastructure, located in the same availability zone as the Cluster. This does not constitute a permanent backup of the Customer’s configuration.
    5. Resources orchestrated as part of the Managed Kubernetes Service, such as Public Cloud Instances, are subject to the Terms of Service, Service Specific Terms and Service Level Agreements applicable to them.
  2. Customer Obligations.
    1. It is the Customer’s sole responsibility to carry out any operation necessary to preserve their configuration, taking into account how critical the Managed Kubernetes Service is to the Customer’s activity and their risk analysis, in the event the Managed Kubernetes Service is shutdown or undergoing maintenance, version upgrades or updates.
    2. It is the Customer’s responsibility to manage the resources orchestrated within their Cluster, with the exception of the Master Infrastructure which is managed by OVHcloud.
    3. OVHcloud strongly recommends that the Customer not interact directly, specifically through their Management Interface or Openstack API, with the resources managed as part of the Managed Kubernetes Service.
    4. In order for the Managed Kubernetes Service to orchestrate the resources constituting the Customer’s Cluster according to the rules defined by the Customer via the API, the Customer expressly accepts that said Service may automatically add, delete and/or modify resources, and acknowledges that they are liable for all costs related to the use of these resources.
    5. The Customer agrees to keep its Cluster(s) active for the entire duration of its use of the Managed Kubernetes Service. A Cluster will be considered active where it orchestrates at least one active worker node and/or is configured with at least one persistent volume. OVHcloud may, in its sole discretion, delete any Cluster that has not been active for three consecutive months or more. The Customer shall be informed of OVHcloud’s upcoming deletion by e-mail or through the OVHcloud Control Panel thirty (30) days before the deletion (the “Deletion Notice”). Customer shall be entitled to no further notice beyond the Deletion Notice. Any additional notice that may be sent to the Customer after the deletion notice is merely a courtesy. To prevent deletion, Customer may add an active worker node or some persistent volume to the Cluster(s) set for deletion. Deletion takes place automatically so it is Customer’s responsibility to ensure that they have added an active worker node or persistent volume to trigger their Cluster(s) not deleting. In no event shall OVHcloud be liable or provide compensation to Customer for the deletion of their Cluster(s).
  3. OVHcloud Obligations.
    1. OVHcloud is responsible for installing and updating the components of the Master Infrastructure as well as software components, like operating systems present on the Cluster’s nodes.
    2. OVHcloud reserves the right to upgrade its operating systems and pre-installed applications by carrying out any updates and/or version upgrades it deems necessary. In the event that it is necessary to update an operating system or application used by the Customer, this update will be carried out in accordance with the update strategy chosen by the Customer in the Service configuration. OVHcloud shall not be liable for the Customer’s refusal to receive an update or if the Customer blocks OVHcloud from accessing the nodes.
5. Load Balancer Service
  1. Service Description. OVHcloud shall make a load balancer ("Balancer(s)") available to the Customer, as a service, allowing the Customer to distribute workload by distributing packets of the Customer’s traffic across several of its units in order to improve performance, optimize response times and increase resilience to faults and downtime.
    1. To use the Load Balancer Service, it must be associated with the Customer’s OVHcloud Public Cloud project.
    2. Any feature of the Load Balancer Service that allows the Customer to revert to a previous configuration does not constitute a method of permanently backing up the Customer’s configuration.
    3. Any resources used as part of the Load Balancer Service, such as Public Cloud Instances, are subject to the Terms of Service, Service Specific Terms and Service Level Agreements applicable to them.
  2. Customer Obligations.
    1. Details regarding the functionality and features of the Balancers are accessible on the OVHcloud website and are regularly updated. The Customer is responsible for monitoring any such changes.
    2. The Customer shall be solely responsible for the administration, configuration, and use of the Balancer. OVHcloud is not liable for any lapse or impairment in the Load Balancer Service caused by the Customer’s incorrect configuration of the Balancer.
    3. It is the Customer’s sole responsibility to take all necessary action to maintain their configuration taking into account how critical the Load Balancer Service is to the Customer’s activity and their risk assessment in the event the Load Balancer Service is shutdown or undergoing maintenance, version upgrades or updates. OVHcloud is under no obligation to carry out any backup of the Customer’s Balancer configuration.
  3. OVHcloud Obligations.
    1. OVHcloud is responsible for the administration and maintenance of the underlying infrastructure supporting the Customer’s Load Balancer.
    2. OVHcloud reserves the right to conduct any maintenance, administer any version upgrades, carry out any updates or take any other action in order to maintain and improve the security and functionality of the Load Balancer Service. Such action shall be taken in OVHcloud’s discretion. OVHcloud shall attempt to inform the Customer of any planned maintenance that shall have an effect on the Customer’s Balancer.
6. Object Storage Services
  1. Service Description. Object Storage Services consist of Storage Spaces that allow static files to be moved through a public access point to an unlimited Storage Space so that the files can be used from an application or be accessible on the web. These Storage Spaces are accessible via an application programming interface (API).
    1. The Customer activates the Object Storage Services from their Management Interface or API.
    2. The Object Storage Services include the following solutions:
      1. Standard Object Storage: Object storage that is scalable, compatible with many use cases, as limited by OVHcloud, and adapted to any volume type. The solution is based on HDD storage. The solution is accessed via an S3 API.
      2. High Performance Object Storage: Object Storage for applications that have high bandwidth requirements and require fast and intensive read and write access to data. The solution is based on high-performing NVMe SSD storage. The solution is accessed via an S3 API.
      3. Standard (Swift) Object Storage: Object Storage with triple data replication. The solution is accessed via a Swift API or an S3 API. This solution may not be compatible with the Object Storage S3 solutions.
      4. Cloud Archive (Swift) Object Storage: Object Storage with long-term data retention. The solution is adapted for business needs. The solution is based on capacitive disk storage. The solution is accessed via a Swift API.
  2. Customer Obligations.
    1. It is the Customer’s responsibility to carefully review each available Object Storage solution and ensure the selected solution suits their needs, ensure they have the necessary technical knowledge to administer the Object Storage Services, in particular the Storage Space and inform themselves about the hardware requirements and the services and/or elements needed to use the Object Storage Services.
    2. The Customer is solely responsible for their management and use of the Object Storage Services, including the Storage Space.
    3. The Customer is responsible for ensuring the longevity of the Content Data stored and archived as part of the Object Storage Services, in particular by carrying out backup operations on separate physical media in a separate location.
    4. The Customer is solely responsible for backing up their Content Data on separate physical media in a separate location, for setting up, managing and ensuring business continuity, for setting up and managing disaster recovery plan(s), and for taking the necessary technical and organizational measures to enable the Customer to continue activity in the event of any and all circumstances which may affect the Object Storage Services, the availability of the Customer’s Content Data and Customer’s continuity of activity.
    5. The Customer is solely responsible for conducting any backup, transfers, snapshots or other reasonable protection measures to protect against the loss of their Content Data if the Object Storage Services is stopped for any reason.
    6. The Customer is responsible for checking and confirming that the Object Storage Services are being used without saturating the bandwidth or volume ordered.
    7. The Customer is responsible for ensuring that the Object Storage Services purchased are used exclusively for storage and/or archiving purposes.
  3. OVHcloud Obligations. OVHcloud provides the Customer with a management interface or programming interface that allows the Customer to configure and administer the Object Storage Services (the “Management Interface”).
  4. OVHcloud Reservations of Rights.
    1. OVHcloud reserves the right to limit Customer’s orders and or use of the Object Storage Services, if in OVHcloud’s sole discretion, Customer’s order or usage of the Object Storage Services may impact the stability of the infrastructure or the performance of the OVHcloud Services provided to other OVHcloud customers.
    2. OVHcloud reserves the right to temporarily limit the Customer’s use of the Object Storage Services when the infrastructure capacity is insufficient.
    3. OVHcloud is not responsible and cannot be held responsible, in any capacity, for Customer’s Content Data or for the way the Customer’s Content Data is used as part of the Object Storage Services, including, but not limited to, its transmission, distribution, collection, operation or update.
  5. Term and Termination. The Object Storage Services are a consumption-based service and cannot be purchased for a Service Term. OVHcloud does not guarantee or provide that the Object Storage Services shall be available to the same extent and at the same capacity each time Customer uses the Object Storage Services. The Object Storage Services shall automatically terminate when all of the Customer’s Content Data is deleted from the Storage Space.
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:
        Network Address Translation (NAT): Separate controls for source and destination IP addresses, as well as port translation.
        Dynamic Host Configuration Protocol (DHCP): Configuration of IP pools, gateways, DNS servers, and search domains.
        Firewall: Supported rules include IP 5-tuple configuration with IP and port ranges for stateful inspection for all protocols.
        Load Balancing: Simple and dynamically configurable virtual IP addresses and server groups.
        Site-to-Site Virtual Private Network (VPN): Uses standardized IPsec protocol settings to interoperate with major VPN vendors.
        Static Routing: Static routes for destination subnets or hosts.
      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:
        Published templates cannot be accessed from the Service Catalog (as defined below),
        Published templates cannot be instantiated without modification,
        Published templates cause errors at first run time,
        There are substantial hangs or excessive delays in the retrieval of a template from the Service Catalog,
        The configuration of a published template affects the VM's interaction with the hypervisor, and
        Time synchronization issues (NTP) exist.
      2. VMware-provided tools, including:
        VMware Tools installation and configuration,
        VMware Tools optimization, and
        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.
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.
Bring Your Own IP (BYOIP) Service
1. Definitions
  1. Border Gateway Protocol: Referred to in this section as “BGP Protocol” or “BGP” is a routing protocol used to exchange routing information between the different AS, defined within, that make up the public internet.
  2. BGP Announcement: Route information exchanged via BGP Protocol.
  3. Autonomous System: Referred to in this section as “AS” or “Autonomous Network” is a standalone network linked to the Internet, identified by a unique identifier called the “AS number” in BGP Announcements. A given AS is responsible for the routing information it exchanges for a given set of IP address ranges.
  4. Public IP Address(es): Identifier of a host attached to a public IP network connected to the public Internet, allowing it to reach the host.
  5. Size: Number of IP addresses within an IP address range, identifiable by the size of its prefix. The prefix size is commonly designed in “Classless Inter-Domain Routing” (or “CIDR”) notation.
  6. Regional Internet Registry: Referred to in this section as “RIR” is a regional body that provides and manages Public IP Addresses and AS numbers for a given geographic region.
  7. American Registry for Internet Numbers: Referred to in this section as “ARIN” is the RIR for North America.
  8. Reseaux IP Europeens Network Coordination Centre: Referred to in this section as “RIPE NCC” is the RIR for Europe.
  9. Campus: A data center or a group of data centers controlled by OVHcloud and located in a defined geographic region from which OVHcloud is providing its services.
  10. IP Reputation: A flag issued by an entity managing a real time block list and linked to a given Public IP Address that allows a receiving software entity to assess the reliability of the issuer using that Public IP Address to communicate.
  11. AS Path: An ordered list of AS numbers in a BGP Announcement that lists the networks to cross to reach the announced Customer IP Address Range, defined within.
2. Service Description:
  1. The BYOIP Service allows Customer to:
    1. import Customer’s IPV4 IP address ranges to OVHcloud (the “Customer IP Address Range(s)”) and use them with other OVHcloud services, provided that they are compatible;
    2. use Customer’s AS number to announce Customer IP Address Ranges; and
    3. delegate the management of the reverse DNS attached to the Customer IP Address Ranges to OVHcloud.
  2. The BYOIP Service can only be used with compatible OVHcloud Services in the U.S. OVHcloud shall determine which OVHcloud Services are compatible with the BYOIP Service.
  3. Only IPV4 addresses are eligible for the BYOIP Service.
  4. Only IPV4 addresses with an ARIN or RIPE NCC RIR are eligible for the BYOIP Service.
  5. By using the BYOIP Service, Customer authorizes OVHcloud to announce the Customer IP Address Range on the Internet, following OVHcloud’s procedure.
  6. Bring Your Own AS is an additional feature that allows a Customer to use its AS number to announce the IP addresses contained in its Customer IP Address Range on the Internet. This feature is only available for Customer IP Address Ranges and cannot be used with IP addresses provided by OVHcloud to the Customer for use with other OVHcloud services. By using the Bring your Own AS feature, Customer authorizes OVHcloud to announce its Customer IP Address Range(s) over the internet via its AS number following OVHcloud’s procedure.
  7. Reverse DNS is an additional feature which allows a Customer to delegate the management of the reverse DNS attached to the Customer IP Address Ranges to OVHcloud.
3. Customer Obligations
  1. For a Customer to import Customer’s IP Address Range and use the BYOIP Service, the Customer must:
    1. Ensure that the Customer IP Address Range has a Size compatible with the BYOIP Service (whether a Size is compatible with the BYOIP Service shall be established by OVHcloud);
    2. Own the imported Customer IP Address Range at the time of signing up for the BYOIP Service and while using the BYOIP Service;
    3. Prove that the Customer is the legal and rightful owner of Customer IP Address Range. The method of acceptable proof shall be provided by OVHcloud; and
    4. Ensure that the Customer IP Address Range is exclusively used with OVHcloud while using the BYOIP Service and is not announced on any public network via the BGP Protocol.
  2. AS numbers
    In order to use a Customer’s AS numbers as part of the BYOIP Service, the Customer must:
    1. Provide proof that the Customer was assigned the AS number it desires to use. (The method of acceptable proof shall be provided by OVHcloud).
  3. Reverse DNS
    When using the Reverse DNS feature, a Customer must:
    1. Delegate the management of its reverse DNS zone (.ARPA suffix) to OVHcloud, following the procedure on the RIR website; and
    2. Use the DNS service provided by OVHcloud to maintain and publish its reverse DNS zone.
  4. The IP addresses contained in the Customer IP Address Ranges that the Customer imports as part of the BYOIP Service must have a good IP reputation at the time Customer imports the Customer IP Address Ranges and throughout the Customer’s use of the BYOIP Service.
  5. Customer is solely responsible for its use of the IP addresses it imports, its assignment of its IP addresses to different OVHcloud Services and its IP reputation.
  6. Before terminating the BYOIP Service, Customer is responsible for ensuring that other IP addresses are assigned to Customer’s OVHcloud Services that use Customer IP Address Ranges so Customer’s OVHcloud Services continue to function properly.
  7. AS numbers
    In order to use a Customer’s AS numbers as part of the BYOIP Service, the Customer must:
    1. The owner of the IP addresses contained in the Customer’s IP Address Ranges at the time of signing up for the BYOIP Service and throughout Customer’s use of the BYOIP Service; and
    2. Responsible for the AS numbers used, if applicable.
  8. If a third party has any requests, claims or actions involving or related to Customer’s IP Address Range(s) or Customer’s AS number(s), Customer shall intervene and indemnify and compensate OVHcloud for any damages, including reasonable attorney’s fees, if any.
4. OVHcloud Obligations.
  1. Once the Customer IP Address Ranges have been imported, OVHcloud will announce the Customer IP Addresses on the internet from its own public network.
  2. Using Customer’s IP addresses, OVHcloud will make available for Customer’s use one or more Size/24 IP address blocks (the “Customer IP Block(s)”). The number of Customer IP Blocks made available to the Customer depends on the Size of the imported Customer IP Address Range. As a guide, the below table shows the number of Customer IP Blocks made available depending on the Size of Customer IP Address Range.
  Imported Customer IP Address Range Size Number of Customer IP Blocks
  /24 1
  /23 2
  /22 4
  /21 8
  /20 16
  /19 32
5. Campus. When placing an Order, Customer shall choose the Campus in which to use the Customer IP Address Range. The IP Customer Blocks can only be used on the Campus selected when placing an Order.
6. Reputation. In the event that any IP address in the Customer IP Address Range has or develops a bad IP reputation, OVHcloud reserves the right to immediately terminate the BYOIP Service for that Customer IP Address Range.
7. Termination.
  When the BYOIP Service is terminated:
  1. OVHcloud shall stop announcing the Customer’s IP addresses from its own public network online;
  2. Customer’s IP addresses will no longer be available in the Management Interface; and
  3. Customer’s IP addresses will no longer be usable with Customer’s OVHcloud Services.
8. Additional IP Service.
  1. Customer IP blocks resulting from the import of a Customer IP Address Range can be used through OVHcloud’s Additional IP service. The Additional IP Service allows customers to dynamically assign IP addresses or IP address blocks to a compatible OVHcloud service.
  2. The Additional IP service can be used through an API or the Management Interface with compatible OVHcloud services, in OVHcloud’s discretion.
  3. As part of this Service, the Customer may therefore assign one or more Customer IP blocks to a compatible service, using the same tools available in the Additional IP service.
  4. Please note that the Customer cannot assign the same Customer IP Block to several services simultaneously, and that a Customer IP Block cannot be divided in order to individually assign the IP addresses it contains across multiple services.
Additional IP Service
1. Definitions
  1. Additional IP: Commercial name of the Service as indicated on the OVHcloud website.
  2. Compatible Service(s): All OVH Services that are compatible with the Additional IP Service.
  3. IP Address: Identifier of a host attached to a public IP network connected to the public internet, allowing it to reach the host.
  4. IPv4 Address: Internet Protocol version 4 address.
  5. Campus: Datacenter or group of datacenters controlled by OVHcloud, from which OVHcloud is providing its services, located in a defined region.
  6. IP Reputation: A flag issued by an entity managing a real time blacklist and linked to a given Public IP Address that allows a receiving software entity to assess the reliability of the issuer using that Public IP Address to communicate.
  7. Regional Internet Registry or RIR: A regional body that provides and manages public IP Addresses and AS numbers for a given geographic region.
  8. WHOIS: A global database containing administrative information related to Public IP addresses listed on the public internet.
2. The Additional IP Service allows Customer to:
  1. Provision and assign IP Addresses or IP Address Blocks to a Compatible Service through an API or via the Management Interface, except that:
    1. Customer cannot assign the same IP Address from the same IP Address Block to several services simultaneously;
    2. An IP Address Block cannot be divided to individually assign the IP Addresses it contains across multiple services; and
    3. OVHcloud only provides IPv4 Addresses as part of the Additional IP Service. The Additional IP Service is not compatible with IPv6 Addresses.
3. Customer Obligations
  1. Customer must choose the Compatible Service with which the Customer wishes to use the IP Address or IP Address Block. The Campus on which the associated Compatible Service runs determines the Campus where the IP Address or IP Address Block can be used. The Campus assigned cannot be modified during the term of the Additional IP Service.
  2. To protect the allocated IP Addresses or IP Address Blocks from cyber-attacks and ensure a good IP Reputation for all IP Addresses or IP Address Blocks ordered during the Additional IP Service.
  3. To take actions to remove any assigned IP Addresses or IP Address Blocks from the blacklist of any notable organization (i.e., SPAMHAUS or SPAMCOP) fighting against SPAM or fraudulent activities (such as, phishing or malicious files) prior to the termination of the Additional IP Services.
  4. Customer is solely responsible for the use of the resources allocated to them. Customer shall not engage in the mass sending of unsolicited emails (spamming) via the IP addresses allocated by OVHcloud.
  5. Customer shall not transfer any of the allocated IP Addresses to a third party. Customer is responsible for any requests made by a third party relating to the use of an IP Address assigned to the Customer.
  6. Customer shall use the allocated IP Addresses on a continuous basis during the entire term of the Additional IP Service. Customer shall delete via the Management Interface, as soon as possible, those IP Addresses that are no longer in use. OVHcloud reserves the right to require the Customer to fill-out a form that can be used to justify the use of IP Addresses or IP Address Blocks.
4. Order
  1. Any order for an IP Address or IP Address Block must not exceed the maximum number of IP Addresses per Compatible Service.
  2. OVHcloud reserves the right to refuse any request for new resources.
5. Ownership of IP Addresses
  1. OVHcloud remains the owner of the IP Addresses. In no event shall OVHcloud transfer the ownership of the IP Addresses and/or IP Blocks to the Customer.
6. Removal from Blacklist
  1. When a Customer requests termination of the Additional IP Services (including deletion of an IP Address or IP Address Block), OVHcloud will first check that the IP Address or IP Address Block has not been blacklisted by a notable organization (i.e., SPAMHAUS or SPAMCOP) fighting against SPAM or fraudulent activities (such as, phishing or malicious files). If the IP Address or IP Address Block is blacklisted and Customer has not taken the actions necessary to have it removed from any such blacklist, then OVHcloud will charge Customer a fee for its removal from the blacklist.
7. IP Reputation
  1. OVHcloud may immediately rescind all or part of the IP Addresses made available to the Customer in order to preserve the integrity and value of such IP Addresses.
8. Termination and/or Suspension
  1. Suspension - If the Customer fails to use an IP Address continuously for a period of thirty (30) consecutive days, the Customer may be invited, by email or via Management Interface, to assign the unused IP Addresses to a Compatible Service. If Customer fails to make such assignment, the Additional IP Service will be suspended immediately.
  2. Termination - In the event of any proven or imminent risk to the IP Reputation of an IP Address ordered by a Customer, whether as a result of a malicious act or following the detection of a flaw in the security of the Customer’s infrastructure, OVHcloud may terminate the IP Addresses immediately and without notice.
9. WHOIS
  1. The IP Address Block will be saved in the WHOIS database of the RIR. The Customer may edit some of the fields that will then be publicly available. The Customer agrees to customize the reverse DNS for these additional IP addresses.
10. Transferability
  1. The IP Addresses and IP Address Blocks are transferrable between the different Compatible Services in the same Campus. The Customer can modify the assignment of an IP address via the Management Interface. Assigning an IP Address or IP Address Block to another Compatible Service is counted towards the maximum number of IP Addresses than can be associated with the Compatible Service.
11. IP Address Non-Specificity
  1. IP Addresses are not specifically assigned (i.e., once a specific IP address is released or rescinded, that specific IP Address can be assigned to another Customer). In the event OVHcloud is requested to provide an IP Address, it is not guaranteed that the IP Address provided will be one that was previously released or rescinded.
OVHcloud Connect Service (Applicable to Dedicated Servers, Public Cloud Services and Hosted Private Cloud)
1. Definitions
  1. Customer Network: Resources outside OVHcloud’s Infrastructure that are used by the Customer and that the Customer wishes to have communicate with the Resources made available by OVHcloud. These may be the Customer’s own resources or resources made available by third parties and/or hosted by third parties on behalf of the Customer.
  2. Cross-Connect/Cross-Connection: Fiber cable link that connects two racks together at a datacenter or PoP, defined herein.
  3. LoA: The Letter of Authorization is a document provided by OVHcloud to the Customer. This letter authorizes the Customer to connect to the position reserved for them in the OVHcloud rack and should be given to the PoP manager when ordering a Cross-Connect.
  4. MMR: Meet Me Room: PoP room where rack fiber cables are interconnected.
  5. OVHcloud Connect Direct: Connection(s) to the OVHcloud internal local area network made available to the Customer at one or more OVHcloud PoP(s).
  6. OVHcloud Connect Provider: Connection(s) to the OVHcloud internal local area network made available to a Customer at one or more PoP(s) via a third party provider.
  7. OVHcloud Connect Infrastructure: All equipment operated by OVHcloud.
  8. PoP: Point of Presence: the physical location where OVHcloud has equipment for VRack interconnection.
  9. Virtual Circuit: This service is provided by a third-party provider and allows the Customer to use the OVHcloud Connect services via the third-party provider to take advantage of its network coverage. This is a point to point customer link between a PoP from a third-party provider and a given OVHcloud PoP.
  10. vRack: Virtual Local Area Network (“VLAN”), or set of Virtual Local Area Networks created on the OVHcloud internal local area network and consisting of different resources made available to Customer by OVHcloud. Resources in different OVHcloud Data center locations can be connected in the vRack. Some OVHcloud resources are not eligible for the vRack.
2. Service Description
  1. With OVHcloud Connect Direct, You can connect Customer Network to the OVHcloud vRack. OVHcloud provides the Customer with OVHcloud network connection ports at its various PoP’s (“OVHcloud PoP(s)”).
  2. With OVHcloud Connect Provider, OVHcloud makes available to You, with the help of a third-party provider, a connection service to the OVHcloud network. This service allows Customer to use the connection ports located at the third-party’s PoPs ( “Third-Party PoP(s)”). A Virtual Circuit is used to connect Third-Party PoP(s) to OVHcloud PoP(s).
3. Customer Obligations
  1. For OVHcloud Connect Direct, You choose from the available OVHcloud PoPs and select one or more where You wish to have one or more connection ports. You are responsible for connecting Customer Network to the ports made available by OVHcloud. OVHcloud shall communicate all necessary information about how to establish this connection. In creating the connection, You establish: (a) a link between Customer Network and the selected OVHcloud PoP(s) and (b) a Cross-Connection between the selected OVHcloud PoP(s) with the position made available by OVHcloud in the MMR.
  2. For OVHcloud Connect Provider, You are responsible for choosing from among the available OVHcloud PoP(s) that You would like to have one or more connection ports from. You are responsible for the connection operations of Customer Network to the physical ports made available by the third-party provider. You are responsible for supporting the establishment of the Virtual Circuit between the Third-Party PoP and the OVHcloud PoP. The operations you are responsible for supporting include the establishment of: (a) a connection link between Customer Network and your selected third-party provider and (b) a Cross-Connection, at the level of the selected Third-Party PoP(s).
  3. In addition to the above, Customer is solely responsible for:
    1. Your relationship, contractual and otherwise, with OVHcloud PoP connection providers and PoP providers in charge of operating Cross-Connections;
    2. Your relationship, contractual and otherwise, with the Virtual Circuit third party providers;
    3. the acquisition, reliability, security, availability and maintenance of material used to establish connections and Cross-Connections (subject to the connection ports and connections being made available by OVHcloud);
    4. the compliance of the aforementioned material with the prerequisites provided by OVHcloud;
    5. managing all required costs including but not limited to installation, maintenance and material; and
    6. configuring the OVHcloud Connect Service, including, but not limited to, setting IPS for BGP sessions and VLAN numbers.
4. OVHcloud Obligations
  1. OVHcloud is responsible for connecting the position made available to its optical equipment.

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.

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.

Imported Customer IP Address Range Size	Number of Customer IP Blocks
/24	1
/23	2
/22	4
/21	8
/20	16
/19	32

Service Specific Terms