This Enseva Cloud Services Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”) under the terms of the ECS Customer Agreement (the “ECS Agreement”) between Enseva Cloud Services and its affiliates (“ECS”, “us” or “we”) and you. This SLA applies separately to each account using the Included Products and Services. Unless otherwise provided herein, this SLA is subject to the terms of the ECS Agreement and capitalized terms will have the meaning specified in the ECS Agreement. We reserve the right to change the terms of this SLA in accordance with the ECS Agreement.
Included Products and Services
- Enseva Azure Instances
- Enseva Symphony Instances
Enseva Cloud Services will use commercially reasonable efforts to make the Included Products and Services each available with a Monthly Uptime Percentage (defined below) of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Products and Services, as applicable, was in the state of “Region Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Enseva Compute Services SLA Exclusion (defined below).
- “Availability Zone” and “AZ” mean an isolated location within a region identified by a letter identifier following the region code (e.g., IA01).
- “Region Unavailable” and “Region Unavailability” mean:
- For Regions with only one AZ, when that AZ and one AZ in any other Region, in which you are running an instance or task (one or more containers), as applicable, are concurrently “Unavailable” to you.
- For all other Regions, when more than one AZ within the same Region, in which you are running an instance or task (one or more containers), as applicable, are concurrently “Unavailable” to you.
- “Unavailable” and “Unavailability” mean:
- For Enseva Azure Instances or Enseva Symphony Instances, when all of your running instances or running tasks, as applicable, have no external connectivity.
- For Enseva Azure Instances or Enseva Symphony Instances, when all of your 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 we 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 you (excluding one-time payments such as upfront payments made for Reserved Instances) for either Enseva Azure or Enseva Symphony (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 99.99% but equal to or greater than 99.00% up-time qualifies for a 10% service credit of impacted instances
- Less than 99.00% up-time qualifies for a 30% service credit of impacted instances
We will apply any Service Credits only against future Enseva Azure or Enseva Symphony payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from ECS. 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 ECS Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Enseva Azure or Enseva Symphony 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 Enseva Support Center. To be eligible, the credit request must be received by us within 30 calendar days of the witnessed event and must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that you are claiming;
- the affected Enseva Azure or Enseva Symphony instance IDs or the affected volume IDs; and
- your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of Enseva Azure or Enseva Symphony instances, or any other Enseva Azure or Enseva Symphony performance issues: (i) that result from a suspension described in Section 6.1 of the ECS 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 Enseva Azure or Enseva Symphony; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your 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 ECS Agreement; or (vii) arising from our suspension and termination of your right to use Enseva Azure or Enseva Symphony in accordance with the ECS Agreement (collectively, the “Enseva Cloud Serivces SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.