Virtual Private Cloud SLA

Last updated: May 25, 2016

Virtual Private Cloud Service Level Agreement

Definitions

“Day Credit” means a credit equal to one-thirtieth (1/30) of the monthly recurring Service Fees, or applicable usage rate, paid to Hostway by Client (if Client is on an annual or quarterly Billing Cycle, then the credit will be calculated by dividing the Service Fees, or applicable usage rate, by 360 for annual or 90 for quarterly).

“Hardware” means the standard equipment originally installed in the Virtual Private Cloud, including (a) network interface cards (NIC), (b) hard drives, (c) SATA and SAS drive controller cards, (d) central processing units (CPU), (e) random access memory chips (RAM), (f) motherboard, (g) power supply, and (h) fans and cooling units.

“Infrastructure” means Hostway Systems critical to Hostway’s data center, including heating, ventilation, and air-conditioning (collectively HVAC), uninterruptable power supply (UPS), and other power and HVAC infrastructure equipment and cabling, but does not include power supplies of individual servers.

“Infrastructure Issue” means the non-functioning, in Hostway’s reasonable determination, of the Infrastructure in whole or in part.

“Network” means the combination of Hostway’s routers, switches, backbone connections, and cabling, but does not include services or software running on the servers (which may affect the performance or availability of the Network).

“Network Issue” means an issue with the Network resulting in Client being unable to transmit to and receive data from the Virtual Private Cloud environment.

“Operational” means the applicable server responds to a ‘ping-test’ initiated by Hostway.

“Virtual Private Cloud” means the virtualization management servers, the Client’s compute cluster, and storage array on Hostway’s infrastructure licensed to Client by Hostway as further specified in the SOW.

“Virtual Private Cloud Issue” means issues with the Virtual Private Cloud requiring repair or replacement of it in Hostway’s reasonable determination.

“Windows Azure Pack Portal” means the user interface which is publicly accessible for Clients to log into and interact with and manage their Virtual Private Cloud environment.

“Windows Azure Pack Portal Issue” means issues with the Windows Azure Pack Portal requiring repair of it in Hostway’s reasonable determination.

Virtual Private Cloud Service Level

Hostway’s Virtual Private Cloud infrastructure incorporates high availability features including automated failover of instances, fully redundant hosting (via the Infrastructure, Network, and Hardware), and enterprise class storage arrays to ensure performance and reliability. Hostway deploys, operates, and maintains cloud computing infrastructure and Enterprise Services include the provisioning capacity on this cloud infrastructure. The Virtual Private Cloud will be available 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Due to the redundant nature of Virtual Private Cloud, the Client’s system will stay functional in the event of a node failure. Day Credits may apply only in the event of, in Hostway’s reasonable determination, a full cluster failure of the virtualization management servers, Client compute nodes, and/or the storage array. Subject to the Day Credit process and SLA exceptions specified in this SLA, if a Virtual Private Cloud Issue occurs, Hostway will issue to Client a Day Credit for each hour of downtime. A Virtual Private Cloud Issue is measured from the time the ticket is opened to the time that Hostway records the problem as resolved. Client may receive an additional Day Credit for each additional 1-hour period that the Virtual Private Cloud is not Operational due to a Virtual Private Cloud Issue, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Windows Azure Pack Portal Service Level

The Windows Azure Pack Portal will be available 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should a Windows Azure Pack Portal Issue occur, Client may request and Hostway will issue to Client a Day Credit for each hour of such downtime. A Windows Azure pack Portal Issue is measured from the time the ticket is opened to the time that Hostway records the problem as resolved. Client may receive an additional Day Credit provided for each additional 1-hour period that the Virtual Private Cloud is not Operational due to a Windows Azure Pack Portal Issue, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Hardware Service Level

Hostway will resolve Hardware Issues within 1 hour of from the time Hostway receives notice of the Hardware Issue from Client through Hostway’s trouble ticket system and Hostway confirms that the issue is a Hardware Issue. Upon Client’s written request and subject to the exceptions herein, Hostway will issue a Day Credit if Client’s Virtual Private Cloud is not Operational, except for scheduled or emergency maintenance, for more than 1 hour from the time Hostway receives notice of the Hardware Issue from Client through Hostway’s trouble ticket system and Hostway confirms that the issue is a Hardware Issue. Client may receive an additional Day Credit for each additional 1-hour period that the Virtual Private Cloud is not Operational, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Infrastructure Service Level

Hostway’s critical systems, including power and HVAC, will be available 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Upon Client’s written request and subject to the exceptions herein, Hostway will issue the Client Account a Day Credit for each hour of Infrastructure Issue. Critical systems downtime exists if the Virtual Private Cloud is shut down due to power or heat problems and a ticket is opened for the issue in the Hostway ticket tracking system. An Infrastructure Issue is measured from the time the ticket is opened to the time that Hostway records the problem as resolved. Client may receive an additional Day Credit provided for each additional 1-hour period that the Virtual Private Cloud is not Operational due to an Infrastructure Issue, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Network Service Level

The Network will be available to Client free of Network Issues 100% of the time, except for scheduled or emergency maintenance, in a given calendar month. Upon Client’s written request and subject to the exceptions herein, Hostway will issue the Client Account a Day Credit for each hour of Network Issue. The duration of a Network Issue is measured from the time Hostway receives notice of the Network Issue from Client through Hostway’s trouble ticket to the time the Managed Server is able to transmit and receive data. Client may receive an additional Day Credit for each additional 1-hour period of Network Issue, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Maintenance Window

Weekly scheduled maintenance windows will occur from Monday at 11:30pm Central Time to Tuesday at 2:30am Central Time. At least 7 calendar days in advance, Hostway will notify Client of any planned downtime resulting from a scheduled maintenance. If there is a planned downtime resulting from an unscheduled maintenance, Hostway will make a good faith effort to notify Client in advance to come to an agreement on a time for such maintenance. Hostway may, at its sole commercially reasonable discretion, conduct an emergency maintenance window, at any time and without prior notice to Client, during which any or all Enterprise Services may be unavailable. Downtime during scheduled or emergency maintenance is not subject to Day Credits.

SLA Exceptions

Client will not receive any Day Credit if Client is in violation of the MSA or for Virtual Private Cloud Issues, Hardware Issues, Infrastructure Issues, or Network Issues resulting from, or in connection with, any of the following: (a) Scheduled or emergency maintenance; (b) Force Majeure; (c) Unavailability of, or interruption or delay in, Client’s third party products or services (including software and telecommunications) or Client’s own products or services; (d) Failures occurring beyond the Network, whether in whole or in part; (e) Client’s acts or omissions (or acts or omissions of third parties, including Client’s resellers, customers, End Users, or vendors), including negligence and misconduct; (f) Client’s request to re-install any operating system other than the currently supported version; and (g) Client’s violation of the MSA, including failure to timely pay Service Fees as they become due.

Day Credit Process

To apply for a Day Credit, Client must email vpcsupport@hostwaycloud.com within 3 business days of Hostway’s failure to meet this SLA and Client must include a description of the failure, Client ID, date, and time for each such failure. Client acknowledges that incomplete Day Credit requests may be refused by Hostway. Hostway will not issue Day Credits as a refund. Day Credits will be applied on the Client Account toward future Service Fees payable and is subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.