VCFaaS Service Level Agreement

Effective: August 6, 2026

The SLA applies to the Public VCF as-a-Service (this "SLA"), at a service level based on the Virtual Datacenter and the Range chosen. If a shared component is used for one or more Ranges - for example the VMware Cloud Director Tenant Portal, it must be treated as an individual incident, which will allow the Customer to claim multiple Service Credits if and when this shared component is impacted and suffers downtime. When the Customer decides to add a Virtual Datacenter from a certain Range, the chosen Range determines the specific terms and conditions and the SLA level applicable to that Virtual Datacenter.

The VCFaaS is referred to herein as the "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.

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, Customer will be eligible to receive a Service Credit as described below ("Service Credit").

Calculation of Availability

The Service will be considered “Unavailable” or in a state of “Unavailability” if one of the following conditions are noted:

1. All of the Virtual Machines in an operated Virtual Datacenter have no external connectivity and/or are inaccessible; or
2. None of the Virtual Machines can access storage; or
3. It is impossible to create new Virtual Machines in the vDC, via the VMware Cloud Director Tenant Portal or via an API, for any reason other than reaching the vDC capacity limit in GHz, RAM or storage; or
4. None of the Virtual Machines can be started.

Unavailability shall be deemed to commence once a Customer creates a corresponding Support case with OVHcloud US Support (ticket, email, chat, phone), until the outage is resolved, and confirmation of the resolution is communicated by OVHcloud.

"Maximum Available Minutes" is the total number of minutes accumulated for a billed month for a given Virtual Datacenter, during which the Public VCF as-a-Service was activated as part of an OVHcloud subscription.

"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. It is calculated using the following formula: [(Maximum Available Minutes – Unavailability)/Maximum Available Minutes]*100.

If the Customer’s intervention is necessary for the diagnosis to be established or for the incident to be resolved, and the Customer is not available or does not collaborate with OVHcloud, the corresponding period is not counted as Unavailability, repair time or restoration time.

Service Credits

How to Request a Service Credit - To request a Service Credit, a Customer must file a Support request with OVHcloud US Support (ticket, email, chat, phone) within sixty (60) calendar days of the suspected incident.

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.

If a single event results in multiple SLAs being violated for the same Service, the Service Credits do not accumulate. In this case, the Service Credit that is most favorable to the Customer is applied.

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

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

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.

In the scenarios listed above, and subject to point (i), OVHcloud reserves the right to invoice the Customer for any work carried out to restore availability. This work entails the issuing of a quote submitted for Customer’s approval. The causes of downtime, particularly the detection of the excluded cases defined above, may be determined by any means. This is mainly done using elements from OVHcloud’s information system (e.g. connection data), which can be sent to the Customer on request.

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.