Object Storage Service Addendum

This Object Storage Service Addendum contains the Phoenix NAP Service Level Agreement (“SLA”), a policy governing the use of Phoenix NAP Object Storage Service (“OSS”) under the terms of the Phoenix NAP Master Service Agreement (the “PNAP MSA”) between Phoenix NAP, LLC and clients of Phoenix NAP services. This SLA applies separately to each account using Phoenix NAP Object Storage. Unless otherwise provided herein, this SLA is subject to the terms of the PNAP MSA and capitalized terms will have the meaning specified in the PNAP MSA. We reserve the right to change the terms of this SLA in accordance with the PNAP MSA.

  1. Service Availability:
    1. Availability of the network to the OSS: 99.9%
    2. Availability of the HTTP endpoints to execute Read / Write functions: 99.9%
    3. Availability of Data Rest or underlying storage systems: 99.9%

    If the Availability of a class of service that you purchase is less than the associated Availability Commitment, then you may request Service Credits for that affected class of service in accordance with the PNAP MSA procedures. Availability in a given month is calculated according to the following formula:

    “Availability” = ((total minutes in a calendar month – total minutes Unavailable) / total minutes in a calendar month) x 100

  2. The following will be considered an SLA Event for the Object Storage service:
    A more than five (5) percent Error Rate for more than ten (10) consecutive minutes – where “Error Rate” means the number of valid requests that result in a response with HTTP Status 500 and Code “Internal Error” divided by the total number of valid requests during each five-minute period.

  3. Reporting
    Client should report downtime incidents and failover requests to us via email to support@phoenixnap.com or submission through our portal at https://portal.phoenixnap.com immediately of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and ends when PNAP has, at its sole discretion, resolved the issue. PNAP shall initiate support and failover activation response within twenty (20) minutes from receiving instruction from the client to initiate the failover. Client should utilize the “Failover Hotline” to contact PNAP at 1-855-330-1509 or initiate a ticket.

  4. Exclusions
    The Service Commitment does not apply to any unavailability, suspension or termination of Phoenix NAP, or any other Phoenix NAP performance issues:
    1. That result from a suspension described in Section 5 of the PNAP MSA;
    2. Caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Phoenix NAP;
    3. That result from any actions or inactions of you or any third party;
    4. That result from Client equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
    5. Arising from our suspension and termination of Client’s right to use Phoenix NAP Object Storage or any other service offering in accordance with the PNAP MSA (collectively, the “PNAP MSA SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.

  5. Account Status
    If Client is currently behind in payments for Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client does not qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms & Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms & Conditions and are therefore not entitled to SLA credits. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms & Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms & Conditions.

  6. Application of Service Credits
    Whichever Service was least available during the Service month, PNAP will apply any Service Credits only against future payments otherwise due from Client; provided that:
    1. PNAP may issue the Service Credit to the Client account for the Service Month in which the Unavailability occurred,
    2. Client is current with all payment obligations set forth in the Agreement, and
    3. Client’s total calculated usage fees for the Eligible Credit Period are greater than or equal to $100.
    4. Service Credits shall not entitle Client to any refund or other payment from PNAP. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Service Credits are Client's sole and exclusive remedy for any unavailability or non-performance of Services.

  1. Credit request and Payment Procedures
    2. To receive a Service Credit, Client must submit a request by sending an e-mail message to support@phoenixnap.com. To be eligible, the credit request must:
    1. Include SLA Service Credit Claim in the subject of the e-mail message;
    2. Include, in the body of the e-mail, Client’s Organization name or Client ID, the dates, times, and length of each Unavailability Period that Client claims to have experienced;
    3. Include any documentation that corroborates Client’s claimed Unavailability; and
    4. Be received by PNAP within thirty (30) calendar days of the last day reported in the Unavailability claim.

    If the Monthly Uptime Percentage of such request is confirmed by PNAP and is less than 100% for the Service Month, then PNAP will issue the Service Credit to Client within one Service Month following the month in which the request is confirmed. Client’s failure to provide the request and other information as required above will disqualify Client from receiving a Service Credit. PNAP's data and records will be the sole factor for validating claims due to Unavailability.


Network SLA

  1. 100% Network Uptime Guarantee.

    2. PNAP guarantees that the network will be available 100% of the time during the billing cycle (excluding scheduled maintenance and promotional bundles which include bandwidth). Clients are not entitled to a credit if the downtime is caused by:

    1. Actions of the Client or others authorized by Client to use the Service under the Agreement;
    2. The failure of Third Party Service to PNAP' network;
    3. Application, software, or operating system failure,
    4. The result of network maintenance activity,
    5. Denial of Service attack, hacker activity, or other malicious event or code targeted against PNAP or a PNAP Client, or
    6. Failure of any Network or Internet Infrastructure not owned or managed by PNAP.

  2. REPORTING REQUIRED

    3. Client should report downtime incidents to us via email to support@phoenixnap.com or submission through PNAP’s portal at https://portal.phoenixnap.com within three (3) days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and verifies an outage, and ends when PNAP has, at its sole discretion, resolved the issue.

  3. EXCLUSIONS

    4. If Client are currently behind in payments for Client’s accounts, or have been behind 3 or more times in the preceding 12 months, Clients don't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions and are therefore not entitled to SLA credits.

  4. SUPPORT

    5. 20 Minute Support Response Guarantee. PNAP guarantees that one of PNAP’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@phoenixnap.com.

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