Managed Bare Metal Essentials Service Level Agreement

Managed Bare Metal Essentials Service Level Agreement

Effective: January 6, 2024

This Managed Bare Metal Essentials Service Level Agreement (this "SLA") applies to the extent Customer purchases a subscription to use Bare Metal Essential products and services (individually referred to as the "Service" and collectively referred to as the "Services") from OVHcloud. In the event of a conflict between this SLA and the OVHcloud Terms of Service (the "Terms of Service"), this SLA shall apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Terms of Service.

Limitations

As a condition of the application of this SLA, the Customer must have: (a) at least two (2) identical Host Servers of the same technical specifications, and (b) purchase the High Availability (HA) option in the Customer's Virtualization Interface. Customers with only one (1) Host Server are not entitled to service credits under this SLA ("Service Credits") or a replacement of a Host Server in the event that the Service is unavailable or defective.

Service Availability Commitment

OVHcloud will use commercially reasonable efforts to ensure that each class of Service identified below is "Available" during a given calendar month equal to the "Monthly Availability Commitment" for such Service as set forth in the table below. In the event the Service does not meet the Monthly Availability Commitment, the Customer will be eligible to receive a Service Credit as described below.

Class of ServiceMonthly Availability Commitment
Host Servers99.7%
Data Stores99.7%
Network (OVHcloud Connect)99.7%
Virtualization Interface99.7%

 

"Unavailability" or "Unavailable" for the Services means one of the following:

  1. Host Servers: loss of access to one or more of the Host Servers provided to the Customer due to a breakdown or a malfunction of these Host Servers. Devaluation of the performance of the infrastructure without loss of access to a Host Server shall not constitute Unavailability, even in cases where a reduction in Infrastructure performance levels is observed. If a Host Server is rebooted by the Customer or due to scheduled and communicated maintenance, the availability of the Host Server will resume monitoring thirty (30) minutes after the reboot.
  2. Storage Resources: Access is not possible to Storage Resources (including additional NFS datastores), due to a fault with or downtime of the Storage Resources. Downtime and faults that do not prevent access to Host Servers shall not be considered Unavailability.
  3. Network and connectivity: loss of access to the Host Servers and/or Data Stores due to a breakdown or a malfunction of the network equipment or connectivity. Breakdowns and/or malfunctions of the network equipment or connectivity that do not impact the ability to access Host Servers and Data Stores do not constitute Unavailability, even where there is a noticeable reduction in performance levels.
  4. Virtualization Interface: Use is not possible for some or all Virtualization Interface functionalities due to a problem related to the application (excluding faults or bugs in VMware products and configuration issues or faults linked to poor maintenance or updates to the application, which remain the responsibility of the Customer).

 

Calculation of Availability

The Service will be considered "Unavailable" or in a state of "Unavailabilty" if it has no external connectivity.

Unavailability shall be deemed to commence once a Customer creates a corresponding Support case with OVHcloud US Support (ticket, email, chat, phone).

"Monthly Availability Percentage" is calculated by subtracting from 100% the percentage of minutes during the calendar month in which the Service was Unavailable.

Service Credits

Service Credits are calculated as a percentage of the total Fees paid by the Customer (excluding one-time payments) for the individual Service for the calendar month in which the Unavailability occurred in accordance with the schedule below.

Host Server

OVHcloud will replace a defective Host Server within one hundred thirty-one (131) minutes. If it cannot be replaced within one hundred thirty-one (131) minutes, the Customer will receive a Service Credit equal to 30% of the total monthly invoiced amount paid by the Customer for the Host Server.

Storage Resources, Network, and Virtualization Interface

Monthly Availability PercentageService Credit Percentage
Less than 99.7% but greater than 99.0%10%
Less than 99.0%30%

 

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 30% 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.