Key Management Service Service Level Agreement

Key Management Service Service Level Agreement

Effective: March 6, 2024

This Key Management Service (KMS) Service Level Agreement (this "SLA") applies to the extent Customer purchases a subscription to OVHcloud’s Key Management Service ("Service"). In the event of a conflict between this SLA and the Terms of Service (the "Terms of Service"), this SLA applies, but only to the extent of such conflict. Capitalized terms not defined in this SLA shall have the meanings set forth in the Terms of Service.

Monthly Availability Rate and Service Credits

The Monthly Availability Rate for the Service is 99.50%. If in any month this rate is not met, the Customer may request a credit amounting to 5% of the monthly cost of the Service per each one (1) hour period of Unavailability beyond the SLA, limited up to 30% of the monthly cost of the Service.

"Monthly Availability Rate" means the total number of minutes in a particular month minus the number of minutes of Unavailability in that month, divided by the total number of minutes in that month.

"Unavailability" means the loss of access to all instances of the Service for more than three (3) consecutive minutes. The downtime is calculated by OVHcloud from the moment the incident ticket is opened. If OVHcloud is unable to perform this technical monitoring operations to check the availability of the Service due to certain configurations operated by the Customer on the Customer's Instances, the availability commitments set out above will not apply.

Service Credits

In the event of non-compliance with these service level commitments, the above referenced lump sum compensation will be applied (collectively referred to as the "Service Credits" and individually referred to as a "Service Credit").

How to Request a Service Credit - To request a Service Credit, a Customer must file a support request within sixty (60) calendar days of the suspected incident via the OVHcloud Control Panel.

Payment of Service Credits - If the Monthly Availability Rate associated with Customer’s request for a Service Credit is confirmed by OVHcloud and is less than the commitments described above, OVHcloud will issue the Service Credit to Customer within forty-five (45) calendar days in which the request is confirmed by OVHcloud. Service Credits will be issued to the person or entity that OVHcloud invoices for the Service, as a separate credit memo that can be applied towards a future invoice for OVHcloud Services. Service Credits expire on the earlier to occur of: (i) the expiration or termination of Customer’s Account, or (ii) twelve (12) months from the date the Service Credit is issued by OVHcloud to Customer.

OVHcloud Tools and Records - OVHcloud's monitoring tools, data, and records will be the sole source of information used to track and validate Unavailability.

Sole and Exclusive Remedy - The Service Credits are Customer’s sole and exclusive remedy for any incident occurring during the Service Term for the Service or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the Service.

Service Credit Exclusions

  1. Time Based Calculations Exclusions. The following will be excluded from any time-based calculations related to Service being Unavailable:
    1. scheduled, recurring, or zero-impact maintenance windows;
    2. Unavailability due to Customer's misuse of the Service;
    3. Unavailability that results from the Customer’s facilities, equipment, software, or other technology and/or third-party facilities, equipment, services, software, or other technology (other than third-party equipment within OVHcloud's direct control);
    4. Unavailability arising from the Customer’s use of an outdated release of the Service or third-party software, or any failure to install a material Update to either of the foregoing;
    5. Unavailability caused by third-party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network, or Internet problems beyond OVHcloud’s border router supporting OVHcloud’s public internet connectivity;
    6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and
    7. Force majeure events or any other event that is not within OVHcloud's direct control or that could not have been avoided with commercially reasonable care.
  2. General Exclusions. Customer will not be eligible to receive a Service Credit if: (i) Customer's Account has any payments for the Service that are delinquent, (ii) Customer is in violation of the Terms of Service during the time of the incident, or (iii) the incident was due to Customer's failure to meet Customer's security responsibilities as set forth in the Terms of Service.