- LAST UPDATED JUNE 9, 2017
SLA – IaaS
The following applies to the availability of CipherSpace’s Infrastructure-as-a Service (IaaS). For purposes of this SLA, the following terms have the meanings set forth below. We reserve the right to change the terms of this SLA in accordance with the terms and conditions of the Agreement.
CipherSpace will make its IaaS available End-to-End with an Uptime Percentage of at least 99.5% during each calendar month, excluding Scheduled Downtime and Emergency. This SLA applies separately to each account using CipherSpace IaaS.
Definitions
- “End-to-End” means, all the components of the “IaaS” Platform from CipherSpace’s network edge through the various network and compute components to the storage.
- “IaaS” includes all of the following products & services included in “IaaS Products & Services” and excludes any other products and/or services provided by CipherSpace, which are part of the same CipherSpace data center.
- “IaaS Products & Services” consists of Private Virtual Machines (pVM), Virtual Data Centers (vDC), and Private Virtual Data Centers (PvDC).
- “Downtime” is the total number of minutes in a calendar month that are part of maximum available minutes which had no access to any component of IaaS Platform service subscribed by you. This excludes scheduled and emergency maintenance.
- “Minutes in the Month” is the total number of minutes in a given month.
- “Uptime Percentage” for IaaS is Calculated using the following formula:
Uptime Percentage % = (Minutes in the Month – Downtime) / Minutes in the Month x 100
SLA Details
CipherSpace attempts to perform routine Scheduled Maintenance such that the Client’s IaaS remains available. Scheduled Maintenance typically does not require IaaS downtime. To keep you aware of such routine Scheduled Maintenance, CipherSpace will provide at least 72 hours advance notice by email. The Client will be advised when the Scheduled Maintenance is complete. Emergency maintenance may or may not be done with advance notice. An example of emergency maintenance would be an exploitable vulnerability that would result in a security compromise and hence would need to be fixed immediately.
CipherSpace shall provide Clients with a Service Credit in the event of CipherSpace’s inability to meet the set forth service levels. CipherSpace will only apply a Service Credit against the invoiced line item charges which did not meet the said service levels. The Service Credit will be applied against future payments otherwise due from you.
The Following service levels and service credits are applicable to Customer’s use of IaaS (excluding all one-time payments such as onboarding charges, upfront payments, etc.)
| Up Time | Credit |
|---|---|
| <99.5% | 10% |
| <99% | 25% |
Exclusions
This SLA and any other service levels do not apply to any availability or performance issues occurring as a result of the following,
- You are not entitled to a credit if you are in breach of your Customer Agreement with CipherSpace, which would include payment obligations.
- You are not entitled to a credit if downtime occurred as a result of your misuse of the services.
- You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other factors outside of our reasonable control, including any force majeure event (including an act of God) or Internet access or related problems beyond the demarcation point of our data centers.
- You are not entitled to a credit that results from any actions or inactions of you or any third party which causes the unavailability.
- You are not entitled to a credit that results from your equipment, software, or other technology and/or third party equipment and/or software.
- You are not entitled to a credit that results from your inaction in performing modifications of your use of service as advised by us.
- You are not entitled to a credit during the period in which you are using preview, pre-release, promotional, beta or trial version of services or software (as determined by us).
- You are not entitled to a credit for purchases made using credits provided by CipherSpace or any of its affiliates.
- You are not entitled to a credit that results from faulty inputs, instructions, or arguments (for example, request for starting non-existing virtual machines).
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for the affected services within that billing period.
Claims Terms
In order for CipherSpace to consider your claim, you must submit your claim by creating a request with Customer Support at CipherSpace, detailing your claim and all the information necessary to consider the claim (at a minimum – description of your attempts to resolve the issue at the time of occurrence, unavailability dates and times, affected resources).
The claim must be submitted within 30 days from the occurrence of the incident. CipherSpace will review and evaluate all the information to make a good faith determination of whether a service credit is due. CipherSpace will process your claim and confirm eligibility within 30 days from submission. Failure to provide the claim request and other additional information if requested by us to process your claim will disqualify you from receiving a Service Credit. Once approved, we will process the service credit within 2 billing cycles of the approval date. You must be in compliance with your Customer agreement in order to be eligible for a service credit.
Service Credits
Service Credits are your sole and exclusive remedy for any performance or availability issues for any Services under the Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.