Advance hosting stands with Ukraine. Here’s how you can help our country win with just several clicks
Advance hosting stands with Ukraine. Here’s how you can help our country win with just several clicks
hereinafter ‘SLA’
The purpose of this document is to describe and define the applicable Service Levels that the Company provides to You (hereinafter You or Customer) regarding Services. Company does not, implicitly or explicitly, undertake to achieve or warrant any Services results. If there is an eligible Service Level breach, as further defined in this SLA, You may request the applicable SLA Credit following the process and within the time periods stated below.
Colocation service is a package solution where a Customer places their own equipment in the Company’s data center or the equipment they lease from the Company. The Company offers colocation space, power, cooling, network connectivity, and remote hands, while You retains control over their hardware and software. The SLA covers the following parts of the Colocation services:
Monthly uptime measurements exclude unavailability resulting directly or indirectly from any SLA exclusion.
Service Level availability is measured by the availability of resources included in a given Service and covered by SLA. The Company’s performance will be evaluated against these metrics.
Availability = (Total Period Time – Downtime) / Total Period Time * 100%
‣ Total Period Time: the number of minutes in a calendar month during which the SLA is calculated. If the resource exists (contracted) for only part of the month, availability is calculated over the portion of the month during which it existed.
‣ Downtime: the amount of time, in minutes, during which the respective Services are not available, taking into account all the exceptions described in this document.
Description. Service Colocation Space includes:
The Company will use commercially reasonable efforts to ensure that (i) the average supply air temperature in the designated cold aisle in a data center and (ii) the relative humidity of the supply air in the designated cold aisle will remain between parameters specified by a data center and local government regulations.
The Parties acknowledge that climate control is a critical variable that can be influenced by changes to the infrastructure and layout.
Therefore, the Company and Customer agree that optimizing airflow and cooling is a mutual responsibility. The Сustomer is obliged to apply the technical solutions and recommendations offered by the Company that are necessary to maintain (i) and (ii) indicators mentioned above; otherwise, You shall be solely responsible for any negative consequences and/or damages arising from the failure to fulfil these obligations.
Demarcation. A breach of the Service Level shall be defined as temperature or humidity conditions being continuously outside the temperature or relative humidity range for more than the time mentioned in the below table (on average, measured across data center installed sensors either in the cold aisle or under the raised floor, as applicable).
Service Level
|
SLA Credit
|
|---|---|
99.5% - 99.95% |
5% MRC of the affected cabinet |
99.0% - 99.5% |
10% MRC of the affected cabinet |
Less than 99.0% |
15% MRC of the affected cabinet |
Compliance. Temperature and humidity-related Service Levels do not apply if:
‣ Customer’s power consumption in the cabinet is more than the Cabinet power draw cap, or / and if
‣ Customer’s power consumption in the cabinet is more than the Committed amount of power plus Allowable power overuse.
Description. Power to the cabinets is backed by UPS (Uninterruptible Power Supplies) and generators to ensure continuous power. Except as otherwise stated herein, the Company will use commercially reasonable efforts to ensure that power in the cabinets will be available according to industry standards in applicable data center locations, excluding:
Committed power – average power consumption for cabinet. It is calculated as the average power consumption for the cabinet in a month.
Allowed power overuse – the amount of average power consumption that is permitted to be used over the contractual power.
Cabinet power draw cap – the maximum power limit at any given time allocated to each cabinet within the data center, ensuring that the total power consumption does not exceed predefined thresholds. This cap is enforced to prevent the overloading of electrical circuits, ensure efficient energy usage, and maintain thermal stability within the facility. Failure to adhere to the power draw cap may result in service disruptions or equipment’s automatic throttling or shutdown. Customers are required to manage their equipment within the assigned power limits to ensure compliance with this SLA.
Cage power draw cap – the maximum power limit at any given time allocated to each cage within the data center, ensuring that the total power consumption does not exceed predefined thresholds. This cap is enforced to prevent the overloading of electrical circuits, ensure efficient energy usage, and maintain thermal stability within the facility.
Failure to adhere to the power draw cap may result in service disruptions or equipment’s automatic throttling or shutdown. Customers are required to manage their equipment within the assigned power limits to ensure compliance with this SLA.
If power consumption exceeds the Cabinet or Cage power draw cap at any moment, the Company can take action to limit power consumption in such cases, up to de-energizing equipment in the cabinet without prior agreement.
If Your power consumption exceeds Committed power plus Allowed power overuse, You should negotiate with the Company for a new agreement or decrease power consumption in a 10 working days period after the overuse is reported to You. Otherwise, the Company can take action to limit power consumption in the cabinet.
All cabinets have primary (A) and redundant (B) power feeds of the same capacity. You are entitled to a credit, according to the table below, only if both power circuits are unavailable in the cabinet simultaneously.
Service Level
|
SLA Credit
|
|---|---|
99.5% - 99.95% |
5% of the affected cabinet |
99.0% - 99.5% |
10% of the affected cabinet |
Less than 99.0% |
15% of the affected cabinet |
Demarcation. The point of demarcation for Customer’s environment for power availability will be the first component of the power distribution system owned, managed, and installed by the Company (which could be but is not limited to the applicable PDU and ATS) and does not include any equipment owned by You. Usually, it is a power port on a power supply unit (PSU) on the server or network equipment installed in the cabinet.
If the power to You equipment is distributed via the ATS (Automatic Transfer Switch) installed in the cabinet, the demarcation point will be the data center power feed socket between the ATS and data center power feeds.
Compliance. Service Level Power is subject to Customer complying with the Agreement, including but not limited to the Company requirements relating to equipment layout and power usage, containing:
Description. Network connectivity is provided via redundant Internet connections with multiple carriers, ensuring network availability. You will receive a minimum network throughput defined in the order. Service is considered unavailable if traffic is unable to be sent or received at the demarcation point.
Service Level
|
SLA Credit
|
|---|---|
99.5% - 99.95% |
0% MRC of the affected cabinet |
99.0% - 99.5% |
5% MRC of the affected cabinet |
Less than 99.0% |
15% MRC of the affected cabinet |
Demarcation. The Company’s network connectivity services extend from Your assigned server/network port within the hosting environment to the Company’s edge router. The demarcation point is the network interface on the edge router.
The Company is responsible for the proper functioning and maintenance of network infrastructure up to this demarcation point, including routers, switches, cabling, and data center network connections.
Compliance. If You use IP Bandwidth to connect to an external service, the Service Levels and associated SLA Credits do not apply to the external service or to the Service Level breach caused by the external service.
Beyond the edge router, network performance and issues lie outside the hosting Company’s control and responsibility, including Your internal network configurations, third-party ISPs, and global internet routing.
Description. The Company guarantees the functioning of all rented hardware components and will replace any failed component at no cost to You.
6.1. Standard Server Configuration
For standard server configurations, hardware replacement is guaranteed to be complete within 8 hours of problem identification. The beginning of this period shall be when the Company completes troubleshooting the issue and determines that it is hardware-related. This rule applies to the Standard configuration of rack-mounted servers and their components.
6.2. Non-Standard Server Configuration
For non-standard components, You will be billed for the hardware and labor. Replacement timelines will depend on either:
6.2.1. Customer-provided Stock: If You have spare parts available at the Company’s facility, the Company will replace the faulty component within 8 hours of identification and remote hands request submission.
6.2.2. Company-sourced Purchase: If no spare parts are available, the replacement will depend on sourcing, purchasing, and installing the required hardware. The Company will communicate an estimated timeline for procuring and installing the component.
In the event of a hard disk or fatal operating system failure, the Company will perform an initial installation of standard operating system distributions and supported preinstalled software only to restore the server to the state that we supplied the server initially.
Any additional work required by Customer by Company engineers may be chargeable. If replacement of a failed hardware component is unavailable, the Company reserves the right to opt to substitute the entire Customer server with a similar replacement either as a temporary replacement while replacement hardware is being sourced or, if deemed appropriate by the Company, as a permanent replacement.
Service Level
|
SLA Credit
|
|---|---|
99.5% - 99.95% |
5% MRC of the affected cabinet |
99.0% - 99.5% |
10% MRC of the affected cabinet |
Less than 99.0% |
15% MRC of the affected cabinet |
Demarcation. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
Compliance. The equipment guarantee covers only the hardware provided by the Company on a rental basis. The security of the rented equipment and Customer data remains Your sole responsibility, and You shall perform such backups and maintenance to software running on the Server to maintain its integrity.
Description. On-site (in the data center) technical assistance is provided by contractors, employees, and other representatives of the Company or its affiliates (“Company’s Remote Hands”). This service allows Customers to manage their infrastructure without needing a physical presence. Typical tasks are:
There are two types of requests based on their urgency:
‣ Standard: Requests for Remote Hands tasks, such as hardware installations, cable management, or basic troubleshooting, fall under this category.
‣ Emergency: Urgent requests for tasks that require immediate attention, such as power cycling or troubleshooting for critical systems.
There are a few stages in task processing:
‣ Acknowledge Time: is the period between the moment You create a request in the Company hosting panel and the Company has acknowledged Your request.
‣ Response Time: is the period between the moment the Company acknowledges Your request and when You notice that a Company’s Remote Hand Engineer is ready to start the work.
Demarcation. This service only covers activities that can be physically completed by the Company’s Remote Hands with all necessary equipment. This service does not include activities that other support teams, like Hardware or Network administrators, should do.
Compliance. Your request for Remote Hands should be issued via a Company’s hosting panel.
This service does not include:
The time during which the Company waited for information from the Customer to complete the task is excluded from the calculation of the SLA.
Service Level
|
SLA Credit
|
|---|---|
4 hours Acknowledge Time |
50% of the Remote Hands hourly rate |
It is crucial to make maintenance to software and hardware to provide service with high availability. Maintenance may be performed and initiated by data сenter, the Company, or third-party partners involved in the supply chain. Company shall use commercially reasonable efforts to ensure that most of the maintenance is planned with minimum impact on the provided services. All possible maintenance is divided into two types:
‣ Planned maintenance is a scheduled, proactive approach to maintenance that is based on an analysis of the equipment’s historical performance. the Company must notify You of the upcoming maintenance at least 72 hours before. the Company may but is not obligated to, take into account Your wishes regarding the start time and duration of the maintenance window.
‣ Emergency maintenance is usually used when something breaks or stops working, which negatively affects the quality of the Services, may cause or has caused interruption of Services, losses or damages for Company or data center, including but not limited to losses of anticipated profits, losses of revenue or losses of data, and needs to be fixed as soon as possible. Due to such maintenance’s unpredictable nature, the Company must notify You at least 15 minutes before the maintenance window.
Business hours: 11:00-17:00 Mon-Fri, except public holidays.
Public holidays and the time zone for business time are used from the location where the service is provided. For example, for a cabinet located in Amsterdam, the Netherlands time zone is CEST (Central European Summer Time), UTC/GMT +2 hours.
10.1. Notice of Service Level breach
A Service Level breach may be reported by either the Company or You. To report a Service Level breach, You should submit a ticket, but no later than 1 hour after a Service Level breach has occurred. The duration of the Service Level breach will be calculated from when the trouble ticket is opened until the restoration time noted in the applicable trouble ticket.
10.2. Request for SLA Credit
To request an SLA Credit, You must submit a written support request within thirty (30) calendar days of the relevant Service Level breach occurring.
10.3. Application of SLA Credit
SLA Credits will be applied as a credit towards Your Monthly Recurring Charges (MRC) due for the immediately following month of the Order term. SLA Credits are a Customer’s sole and exclusive remedy for Service Level breaches.
SLA Credits can only be used in relation to the service for which these credits were received. If Your Service Term for the Service expires or is terminated before the issuance of an SLA Credit, the SLA Credit will become void as of the expiration date or termination.
10.4. Ineligible Causes and Exclusions
SLA commitments and the remedies described herein do not apply to service interruptions or Service Level breaches associated with or caused by:
10.4.1. Planned, emergency, or Customer-requested service interruptions or maintenance windows;
10.4.2. A claim based on Customer or third-party measurements that have not been verified by the Company;
10.4.3. Acts or omissions of anyone other than Company, including (a) Customer; (b) Customer’s customers, employees, contractors, agents, or others acting on Customer’s behalf; or (c) third-party carriers or other third-party service suppliers;
10.4.4. Events beyond Company’s reasonable control, including Force Majeure Events;
10.4.5. An event of casualty or condemnation;
10.4.6. Customer’s failure to allow entry by Company or make facilities or components available to Company for testing or repair, or failure to otherwise comply with Company instructions and service requirements;
10.4.7. During any period that You is in default at the time a Service Level breach occurred or an SLA Credit is requested;
10.4.8. 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);
10.4.9. Failure to comply with Company instructions and service requirements;
10.4.10. You performs any risk assessment services, including but not limited to penetration tests and internal or external vulnerability assessments, without the Company’s prior written consent;
10.4.11. You perform any performance benchmark testing that may impact shared service users, including but not limited to LAN/WAN bandwidth throughput, storage subsystem, and CPU benchmarking without the Company’s prior written consent.
10.5. Maximum aggregate monthly SLA Credit and Multiple Service Level breaches
The aggregate of all SLA Credits applicable to SLA violations occurring in any particular calendar month shall be limited to a maximum of the then-current 50% MRC for such month. If a single occurrence or set of circumstances causes multiple Service Level breaches, You will be entitled to SLA Credit for the Service Level breach that yields Your highest SLA Credit.
Example: If a single event causes a breach of the Power Service Level (yielding an SLA Credit of 2 days’ MRC) and a breach of the Temperature Service Level (yielding an SLA Credit of 4 days’ MRC), You will be entitled to 4 days’ MRC.
In addition to the foregoing, Service Level commitments and remedies described herein do not apply to anyone other than a Customer with a current and valid agreement with the Company concluded in writing or concluded by the Customer’s joining the Master Service Agreement published on the website.