SCHEDULE 2 TO OPEN CLOUD SERVICE EXHIBIT SERVICE LEVEL AGREEMENT

Transcription

1 SCHEDULE 2 TO OPEN CLOUD SERVICE EXHIBIT SERVICE LEVEL AGREEMENT This Schedule 2 to the Open Cloud Service Exhibit between Telefonica and Customer, details the Service Level Agreement ( SLA ). This SLA provides Customer s sole and exclusive remedy for Telefonica s failure to meet the standards and commitments established herein. Unless otherwise provided, terms will have the meaning specified in the Open Cloud Service Exhibit. 1. Elastic Cloud Service (ECS), Elastic Volume Service (EVS) 1.1. Service Commitment. Telefonica will use commercially reasonable efforts to make ECS and EVS each available with a (defined below) of at least 99.95%, in each case during any monthly billing cycle (the Service Commitment ). In the event ECS and EVS does not meet the Service Commitment, Customer will be eligible to receive a Service Credit as described below Definitions is calculated by subtracting from 100% the percentage of minutes during the month in which ECS and EVS, as applicable, was in the state of Region Unavailable. measurements exclude downtime resulting directly or indirectly from any ECS SLA Exclusion (defined below). Region Unavailable and Region Unavailability mean that more than one Availability Zone in which Customer is running an instance, within the same Region, is Unavailable to Customer. Unavailable and Unavailability mean: o For ECS, when all of Customer s running instances have no external connectivity. o For EVS, when all of Customer s attached volumes perform zero read write IO, with pending IO in the queue. A Service Credit is a dollar credit, calculated as set forth below, that Telefonica may credit back to an eligible account Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by Customer (excluding one-time payments such as upfront payments made for Reserved Instances) for either ECS and EVS (whichever was Unavailable, or both if both were Unavailable) in the Region affected for the monthly billing cycle in which the Region Unavailability occurred in accordance with the schedule below. Less than 99.95% but equal to or greater than 99.0% 10% Less than 99.0% 30% Telefonica will apply any Service Credits only against future ECS and EVS payments otherwise due from Customer. At our discretion, Telefonica may issue the Service Credit to the Customer for the billing cycle in which the Unavailability occurred. Service Credits will not entitle Customer to any refund or other payment from Telefonica. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Customer s sole and exclusive remedy 1

2 for any unavailability, non-performance, or other failure by us to provide ECS and EVS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case in the Telefonica s Service Management Center (SMC). To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: i. the words SLA Credit Request in the subject line; ii. the dates and times of each Unavailability incident that Customer is claiming; iii. the affected ECS instance IDs or the affected EVS volume IDs; and 1.5. ECS SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of Services, or any other Services performance issues: (i) that result from a violation of the Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Services; (iii) that result from any actions or inactions of Customer or any third party, including failure to acknowledge a recovery volume; (iv) that result from Customer s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the Agreement; or (vii) arising from our suspension and termination of Customer s right to use Services in accordance with the Agreement (collectively, the ECS SLA Exclusions ). If availability is impacted by factors other than those used in our 2. Object Storage Service (OBS) 2.1 Service Commitment Telefonica will use commercially reasonable efforts to make OBS available with the applicable Monthly Uptime Percentage (as defined below) during any monthly billing cycle (the Service Commitment ). In the event OBS does not meet the Service Commitment, Customer will be eligible to receive a Service Credit as described below. 2.2 Definitions Error Rate means: (i) the total number of internal server errors returned by OBS as error status InternalError or ServiceUnavailable divided by (ii) the total number of requests for the applicable request type during that five minute period. Telefonica will calculate the Error Rate for each OBS account as a percentage for each five minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the OBS SLA Exclusions (as defined below). is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle. A Service Credit is a dollar credit, calculated as set forth below, that Telefonica may credit back to an eligible OBS account. 2.3 Service Credits 2

3 Service Credits are calculated as a percentage of the total charges paid by Customer for OBS for the billing cycle in which the error occurred in accordance with the schedule below. Equal to or greater than 99.0% but less than 99.9% 10% Less than 99.0% 25% Telefonica will apply any Service Credits only against future OBS payments otherwise due from Customer. At our discretion, Telefonica may issue the Service Credit to the credit card Customer used to pay for the billing cycle in which the error occurred. Service Credits will not entitle Customer to any refund or other payment from Telefonica. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Customer s sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide OBS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. 2.4 Credit Request and Payment Procedures To receive a Service Credit, Customer must submit a claim by opening a case in the Telefonica s Service Management Center (SMC).To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: i. the words SLA Credit Request in the subject line; ii. the dates and times of each Unavailability incident that Customer are claiming; iii. the dates and times of each incident of non-zero Error Rates that Customer are claiming; and 2.5 OBS SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of Services, or any other Services performance issues: (i) that result from a violation of the Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Services; (iii) that result from any actions or inactions of Customer or any third party, including failure to acknowledge a recovery volume; (iv) that result from Customer s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the Agreement; or (vii) arising from our suspension and termination of Customer s right to use Services in accordance with the Agreement (collectively, the OBS SLA Exclusions ). If availability is impacted by factors other than those used in our 3. RDS 3.1 Service Commitment Telefonica will use commercially reasonable efforts to make RDS instances available with a Monthly Uptime Percentage (defined below) of at least 99.95% during any monthly billing cycle (the "Service Commitment"). In the event RDS does not meet the commitment, Customer will be eligible to receive a Service Credit as described below. 3

4 3.2 Definitions "" for a given RDS instance is calculated by subtracting from 100% the percentage of 1 minute periods during the monthly billing cycle in which the RDS instance was "Unavailable". If Customer has been running that RDS instance for only part of the month, Customer s RDS instance is assumed to be 100% available for the portion of the month that it was not running. measurements exclude downtime resulting directly or indirectly from any RDS SLA Exclusion (defined below). "RDS instance" means an RDS for MySQL, database instance. "Unavailable" means that all connection requests to the running RDS instance fail during a 1 minute period. A "Service Credit" is a dollar credit, calculated as set forth below, that Telefonica may credit back to an eligible account. 3.3 Service Credits Service Credits are calculated as a percentage of the charges paid by Customer for the RDS instances that did not meet the commitment in a billing cycle in accordance with the schedule below. Less than 99.95% but equal to or greater than 99.0% 10% Less than 99.0% 25% Telefonica will apply any Service Credits only against future RDS payments otherwise due from Customer. At our discretion, Telefonica may issue the Service Credit to the credit card Customer used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle Customer to any refund or other payment from Telefonica. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Customer s sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide RDS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. 3.4 Credit Request and Payment Procedures To receive a Service Credit, Customer will need to submit a claim by opening a claim in the Telefonica s Service Management Center (SMC). To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: i. the words "SLA Credit Request" in the subject line; ii. the dates and times of each Unavailability incident Customer are claiming; iii. the DB Instance IDs and the Regions of the affected RDS instances; and If the of such request is confirmed by us and is less than the Service Commitment, then Telefonica will issue the Service Credit to Customer within one billing cycle following the month in which the request occurred. Customer s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit. 3.5 RDS SLA Exclusions 4

5 The Service Commitment does not apply to any unavailability, suspension or termination of RDS, or any other RDS performance issues: i. that result from a breach of the Agreement; ii. caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of RDS; iii. that result from any voluntary actions or inactions from Customer or any third party (e.g., rebooting a database instance, scaling compute capacity, not scaling storage when the storage is full, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.); iv. that result from instances belonging to the Micro DB instance class or other instance classes which have similar CPU and memory resource limitations; v. that result from Customer not following the basic operational guidelines described by Telefonica (e.g., overloading a database instance to the point it is inoperable, creating excessively large number of tables that significantly increase the recovery time etc.); vi. caused by underlying database engine software that lead to repeated database crashes or an inoperable database instance; vii. that result in long recovery time due to insufficient IO capacity for Customer s database workload; viii. that result from Customer s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or ix. that result from any maintenance as provided for pursuant to the Agreement; or x. arising from our suspension and termination of Customer s right to use RDS in accordance with the Agreement (collectively, the " RDS SLA Exclusions"). If availability is impacted by factors other than those explicitly used in our If the of such request is confirmed by us and is less than the Service Commitment, then Telefonica will issue the Service Credit to Customer within one billing cycle following the month in which Customer s request is confirmed by us. Customer s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit. 5