Service Level Agreements

The following PhoenixNAP Service Level Agreement ("SLA") is a policy governing the use of the PNAP Colocation, Bare Metal Servers, Hardware as a Service (“HaaS”), Disaster Recovery as a Service (“DRaaS”), and Cloud Enterprise Services (“CES”) under the terms of the Master Service Agreement (the "MSA") between PNAP, LLC., and Clients of PNAP . Each respective SLA applies to a distinct offering provided by PNAP. Unless otherwise provided herein, this SLA is subject to the terms of the MSA and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the MSA.

  1. FACILITY LICENSED COLLOCATION
    1. 100% Infrastructure Uptime

      PNAP guarantees that datacenter HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes all distribution infrastructures up to and including the outlet in the Client area. Infrastructure downtime exists when a particular piece of system critical equipment is shut down due to power, heat, or humidity issues.

    2. Monitoring

      Client must monitor services and events as agreed upon by Client and PNAP. If Client identifies a failure event they are required to provide an e-mail to PNAP at support@phoenixnap.com regarding the failure. Upon receipt of the email, PhoenixNAP will begin responding to event within 15 minutes using response plan provided by Client.

    3. Power
      1. Primary Circuit vs. Primary and Secondary Circuit

        Client understands they are given the option to purchase power from divergent systems (Primary/Secondary Power) and it is PNAP’s strong suggestion that all Clients requiring mission critical uptime take advantage of this option. Due to the increase in redundancy recognized by utilizing Primary and Secondary circuits, Client will receive a significantly increased payment schedule in the event of an outage on both circuits. Client understands that by utilizing a pair of circuits as Primary/Secondary, the total amperage of both circuits cannot exceed 40% of their combined total load. For example, if both primary and secondary circuits have an amperage rating of 20 amps each—totaling 40 amps—then the amperage load combined across both circuits cannot exceed 16 amps (40% of 40 amps) combined. Exceeding this total will negate PNAP’s SLA. PNAP will provide an outlet for both the Primary and Secondary Power drops. It is the Client’s sole responsibility to utilize redundant power supplies and/or an automatic transfer switch (ATS) to failover in the event of an outage. PNAP is not responsible for Client equipment that does not perform as desired during a transition.

      2. Primary Power Quantity Availability

        Client will be provided with up to 80% of breakered circuit (as mandated by 2008 NEC Section 210-19a) in a Primary power scenario or 40% of the total breakered circuit in the case of Primary/Secondary power.

      3. Credit Schedule for Power

        The table below sets forth the Client’s sole and exclusive remedy for failures to meet Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure).

      4. Credit Schedule for Power

        Power Failure Time
        Cumulative Unavailability

        (Hours:Minutes:Seconds)1

        Service Level Credit Schedule for Failure of Primary Circuit in a Single Power Configuration2

        Service Level Credit Schedule for Concurrent Failure of Both Primary and Secondary Circuits in a Dual Power Configuration3

        00:00:01 – 00:10:00

        1%

        25%

        00:10:01 – 01:30:00

        5%

        35%

        01:30:01–  08:00:00

        10%

        50%

        08:00:01 – 16:00:00

        20%

        75%

        16:00:01 – 24:00:00

        30%

        100%

        24:00:01 – 32:00:00

        40%

        100%

        32:00:01 – 48:00:00

        50%

        100%

        48:00:01 or greater

        100%

        100%

        1. Time accumulation begins as per section 1.E: Service Level Credits.
        2. Service Level Credit is provided as a percentage of Total Monthly Recurring Charge for Datacenter Colocation Services.
        3. Service Level Credit is provided as a percentage of Total Monthly Recurring Charge for Datacenter Colocation Services.

    4. Temperature and Humidity
      1. Temperature

        PNAP’s service level objective is to maintain an ambient temperature of 72 degrees Fahrenheit plus or minus 5 degrees (72° F ± 5° F), measured at the nearest supply grill, at all times. Client is obligated to monitor temperature for variations that would result in credit and request temperature to be measured by on-site staff.

      2. Humidity

        PNAP’s service level objective is to maintain an ambient humidity of 45 percent plus or minus 15 percent (45% ± 15%) at all times. Client is obligated to monitor humidity for variations that would result in credit and request measurement by on-site staff.

      3. Credit Schedule for Temperature and Humidity SLA

        The table below sets forth the Client’s sole and exclusive remedy for failures to meet the Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure):

        Credit Schedule for Temperature and Humidity SLA

        Service Level Objective

        Service Level Failure

        Service Level Credit

        Temperature

        A Service Level Failure occurs when the ambient air temperature average falls outside of the range defined in 4.A. above and continues to be outside of that range for four (4) consecutive hours after the initial temperature reading outside of that range.

        The Service Level Credit shall equal 5% of the total monthly recurring charges for Datacenter colocation services of the affected Client Area--each temperature failure consisting of a consecutive four (4) hour Service Level Failure.

        Temperature:
        Critical Failure

        A service critical level failure occurs if the ambient air temperature average, as measured at the nearest supply grill is eighty-seven degrees Fahrenheit (87° F)or higher.

        The Service Level Credit shall equal 10% of the total monthly recurring charges for datacenter colocation services of the affected Client area each four (4) hour period of critical temperature failure. Client receives an initial Service Level Credit immediately upon the first occurrence of the critical temperature failure and receives further Service Level Credits for each subsequent consecutive four (4) hour period during which critical temperature failure continues.

        Humidity

        A Service Level Failure occurs  when the ambient air relative humidity average as measured across all measurement points is outside the range of forty-five percent (45%), (plus or minus) fifteen percent (15%) relative humidity six (6) hours after  the primary humidity reading fell outside of forty-five percent (45%), plus or minus fifteen percent (15%) relative humidity range.

        The Service Level Credit will equal the total monthly recurring charges for datacenter colocation services of the Client area multiplied by five percent (5%) for each humidity failure. For purposes of clarification Client receives a Service Level Credit after each consecutive six (6) hour period during which a humidity failure continues.

        Humidity:
        Critical Failure

        A Service Level Failure occurs when the ambient air relative humidity average as measured across all measurement points is over sixty-one  percent (61%) 6 hours after the primary humidity reading was over sixty-one percent (61%) and critical humidity failure causes water to condense in the Client area.

        The Service Level Credit will equal the total monthly recurring charges for datacenter colocation services of the Client area multiplied by ten percent (10%) for each critical humidity failure. For purposes of clarification Client receives a Service Level Credit after each six (6) hour period during which a critical humidity failure continues.

    5. Service Level Credits

      A Service Level Failure period begins upon receipt of an email by PNAP from Client of a detailed report of an incident and ends when the affected service is operational. Client will provide the report via email and trouble ticket. An applicable Service Level Credit Allowance will appear on Client’s invoice following processing. Service Level Credits will not have any cash value at the end of the Client’s term or otherwise. Service Level Credits will be calculated as a credit to the Monthly Recurring Charges for datacenter colocation services related to the specific datacenter and suite that experienced the Service Level Failure.

      No Service Level Credits will be given for network services which are provided as part of a bundled package, or due to a service interruption:

      1. That is caused by the action or failure to act by the Client,
      2. That is due to failure of equipment provided by Client,
      3. That occurs during any period in which PNAP is not given access to the services premises; or
      4. That which is part of a planned service interruption for maintenance in accordance with PNAP’s MSA, or results from implementation of Client order.

      The maximum total credit for all failures of PNAP to meet its Facility Service Level Agreement is limited to the total monthly recurring charge for datacenter colocation services by Client for the month in which the failure occurs.

  2. BARE METAL SERVERS
    1. Deployment
      1. Server Deployment Guarantee.

        In most cases PNAP is able to deploy Client’s new server within 4 hours, provided Client’s order does not contain any special instructions, require MSSQL installation, or need an on-board RAID configuration. For all orders, regardless of configuration, PNAP guarantees a server deployment of 24 hours, beginning once Client’s order has been paid for and verified.

      2. Compensation

        If PNAP misses their goal, PNAP will give Client a 10% credit of service cost toward Client’s first month's hosting service fees. All Client have to do is notify us within 7 days that PNAP missed the goal and that Client wishes to claim this credit.

    2. Network Up-Time
      1. 100% Network Uptime Guarantee.

        PNAP guarantees that the network will be available 100% of the time during the billing cycle (excluding scheduled maintenance).

      2. Network Downtime Definition.

        Network Downtime occurs when Client’s server cannot transmit or receive data to/from the Internet due to the failure of network equipment managed and owned by PNAP.

      3. Network Definition.

        PNAP’s Network consists of all of PNAP’s infrastructure hardware including routers, switches, and cabling but does not include the services or software running on the server or the server's hardware.

      4. Compensation.

        As compensation for a downtime event, PNAP will credit Client’s account 5% for every 30 minute segment of downtime, up to the total monthly cost.

        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's 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 Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by PNAP.
      5. Reporting

        Client should report downtime incidents to us via email to serversupport@phoenixnap.com or submission through PNAP’s portal at https://portal.phoenixnap.com within 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 ends when PNAP has, at its sole discretion, resolved the issue.

      6. Account Status

        If Client is currently behind in payments on Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client doesn'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.

      7. 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 serversupport@phoenixnap.com or submitted through the portal at https://portal.phoenixnap.com.

    3. Replacement

      4 Hour Hardware Replacement Guarantee.

      We hate it when things aren't working. If hardware belonging to us and located within PNAP’s datacenter fails, PNAP will replace it within 4 hours of notification of failure. To report a failure, send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com.

    4. Compensation.

      If PNAP doesn’t replace the hardware within 4 hours PNAP will credit Client for one day of Client’s monthly recurring hosting charges. We'll give Client that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of Client’s monthly recurring payment if necessary. Client does have to send us an official request for the credit within 7 days of the hardware replacement. Send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com to claim the credit.

      The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped and Client is not entitled to any further SLA credits.

  3. CLOUD ENTERPRISE SERVICES
    1. Service Commitment

      PNAP will use commercially reasonable efforts to make Cloud Enterprise Services available with a Monthly Uptime Percentage of 100%. In the event PNAP does not meet the Monthly Uptime Percentage commitment, Client will be eligible to receive a Service Credit as described below.

    2. Service Credits

      If the Monthly Uptime Percentage for a Client drops below 100% during a Service Month, that Client is eligible to receive one (1) Service Credit for every fifteen (15) minute period that Cloud Services was Unavailable up to a maximum amount equal to fifty (50) percent of the usage fees calculated during the Eligible Credit Period or one full month, whichever is lesser. For the purposes of determining Service Credits Client will only be eligible for Service Credits related to the unavailability of:

      1. The PhoenixNAP Client Portal, or
      2. The infrastructure and network connectivity.

      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.

      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.

    3. Credit request and Payment Procedures

      To receive a Service Credit, Client must submit a request by sending an e-mail message to cloudsupport@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 claim 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.

    4. Exclusions

      The Service Commitment does not apply to any unavailability, suspension or termination of Cloud Services, or any other performance issues:

      1. That result from Service Suspensions described in the following sections of the Agreement: Term and Termination, and Default Events and Remedies;
      2. Caused by factors outside of the reasonable control of PNAP, including any force majeure event or Internet access or related problems beyond the PNAP Network Demarcation Point;
      3. That result from any actions or inactions of Client 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 PNAP’s direct control);
      5. That result from failures of individual functions, features, infrastructure, and network connectivity Unavailability; or
      6. Arising from PNAP’s suspension and termination of Client's right to use Cloud Services in accordance with the Agreement (collectively, the " Cloud Enterprise SLA Exclusions").

      If availability is impacted by factors other than those explicitly listed in this agreement, PNAP may issue a Service Credit considering such factors in our sole discretion.

    5. DISCLAIMER

      If PNAP misses the SLA goal because of problems with Client’s behavior or the performance or failure of Client’s equipment, facilities, or applications, PNAP can't give Client credit. Additionally, extenuating circumstances beyond PNAP’s reasonable control such as (without limitation) acts of any governmental body, acts of terrorism, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Client’s Web site could cause some hang-ups that PNAP cannot be liable for.

  4. NETWORK
    1. 100% Network Uptime Guarantee.

      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

      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

      If Client are currently behind in payments for Client’s accounts, of 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

      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.

  5. HARDWARE AS A SERVICE
    1. REPLACEMENT

      4 Hour Hardware Replacement Guarantee. If hardware belonging to us and located within PNAP’s datacenter fails PNAP will replace it within 4 hours of determination and Client notification of failure. To report a failure, send an email to support@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com.

    2. COMPENSATION

      If PNAP doesn’t replace the hardware within 4 hours PNAP will credit Client for one day of Client’s monthly recurring hosting charges. We'll give Client that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of Client’s monthly recurring payment if necessary. Client must send us an official request for the credit within 7 days of the hardware replacement. Send an email to support@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com to claim the credit.

    3. DISCLAIMER

      The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped.

  6. DISASTER RECOVERY AS A SERVICE
    1. Service Availability
      1. Cloud Infrastructure Downtime Definition.

        Cloud Infrastructure Downtime occurs when Client’s server cannot transmit or receive data to/from the Internet due to the failure of infrastructure equipment managed and owned by PNAP.

      2. Infrastructure Equipment Definition.

        Consists of all of PNAP’s on-premises cloud infrastructure hardware including routers, switches, and cabling and includes the individual services or software running on the virtual machines (“VMs”); excluding client portals. On Premises cloud infrastructure extends only to the PNAP demark which is PNAP’s network termination point. (L2 or VPN)

      3. Service Level Agreement (“SLA”) Event.

        Each of the following will be considered an SLA Event for the Disaster Recovery as a Service as provided in Exhibit A:

        1. Any Network outage that renders replication services unavailable for more than twenty (20) consecutive minutes.
        2. The data store(s) associated with Client’s DRaaS storage is unavailable for more than three (3) consecutive minutes.
        3. Client’s failed-over virtual machines for a class of service become inaccessible for more than five (5) consecutive minutes due to physical host server failures.
        4. Recovery Point Objective (“RPO”) of more than 1 hour.
        5. Recovery Time Objective (“RTO”) of more than 4 consecutive hours. Any built-in service functions for failover testing, planned migration, or live failover and recovery result in virtual machine replicas not powering on in less than 4 consecutive hours from the time a request is acknowledged and approved by PhoenixNAP. RTO is defined by PNAP as the restoration and successful boot of the Client’s Virtual or Physical servers.
    2. Service Credits
      1. An “SLA Credit” is an amount equal to 10% of the monthly Service Offering recurring or metered (as applicable) subscription charges invoiced by PhoenixNAP for the affected class of service in the calendar month for which the SLA Credit is due. If the Availability of a class of service that Client purchases is less than the associated Availability Commitment in a given calendar month, then Client may request one (1) SLA Credit, and one (1) additional SLA Credit for each additional 300 minutes the class of service was Unavailable, up to a total of three (3) SLA Credits in a given calendar month.
      2. A “Chronic SLA Credit” is an amount equal to 100% of the monthly Service Offering recurring or metered (as applicable) subscription charges invoiced by PNAP, for the affected class of service, in the calendar month in which the SLA Credit is due. Any Chronic SLA Credit is in lieu of any SLA Credits that might be otherwise due. If Client is eligible to receive an SLA Credit or a Chronic SLA Credit in three (3) consecutive calendar months and all the credits are related to the same SLA Event type, then Client may request a Repetitive SLA Credit.
      3. A “Repetitive SLA Credit” is an amount equal 100% of the largest monthly Service Offering recurring or metered (as applicable) subscription charges invoiced by PNAP for the affected class of service, in one of the calendar months in which the SLA Event occurred. If an SLA Credit or a Chronic SLA Credit was already received in the Repetitive SLA Credit period, then the amount of the Service Credit that Client may request will be the difference between the aggregate amount of Service Credits received and the Repetitive SLA Credit.
      4. As compensation for a downtime event, PNAP will credit Client’s account in one monthly billing cycle in the following manner for downtime occurring to only each respective class of service being provided through the DRaaS offering.
      5. 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's network;
        3. The result of network maintenance activity;
        4. Denial of Service attack, hacker activity, or other malicious event or code targeted against PNAP or a Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by PNAP;
        5. Bugs in code, hardware, or services for which there is no commercially reasonable, known fix (even if there is a known workaround).
    3. Client Responsibilities
      1. Client will ensure new VM’s are placed into appropriate protection groups or requesting inclusion via a support request to PNAP.
      2. Client will notify PNAP of any changes in their on-premises infrastructure that may impact replication.
      3. Client will notify PNAP of any virtualization or network maintenances that may impact replication.
      4. Client will coordinate with PNAP to conduct failover tests. Client will provide PNAP with at least two weeks’ notice for testing. Two failover tests are included per year.
    4. Reporting

      Client should report downtime incidents and failover requests to us via email to serversupport@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 888-261-1312 or initiate a ticket.

    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.
    7. Credit request and Payment Procedures

      To receive a Service Credit, Client must submit a request by sending an e-mail message to cloudsupport@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.

    8. General Exclusions

      The Service Commitment does not apply to any unavailability, suspension or termination of Cloud Services, or any other performance issues that result from Service Suspensions described in the following sections of the Agreement:

      1. Term and Termination or Default Events and Remedies;
      2. Caused by factors outside of the reasonable control of PNAP, including any force majeure event or Internet access or related problems beyond the PNAP Network Demarcation Point;
      3. That result from any actions or inactions of Client 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 PNAP’s direct control);
      5. If availability is impacted by factors other than those explicitly listed in this agreement, PNAP may issue a Service Credit considering such factors in our sole discretion.
    9. Network Exclusions

      The Service Commitment does not apply to unavailability caused by the following Network related instances:

      1. Client bandwidth provider experiences throughput or latency issues that cause disruptions in replication.
      2. Client makes changes to core routing infrastructure (ACL, IP changes, new equipment) which cause a break in the replication chain.
      3. Client bandwidth does not support the change rate of replicated VMs.
      4. External access to applications:
        1. Responsible for DNS Failover or global load-balancing.
        2. Client change in network configuration that is not applied to DRaaS on premises cloud infrastructure.
        3. Compatible Private IP scheme
    10. Software and Hardware Exclusions

      The Service Commitment does not apply to unavailability caused by the following Software and Hardware related instances:

      1. Client upgrades host to outside of the compatibility of Zerto.
      2. Client adds or re-builds a host and does not install the agent or inform PNAP to install agent.
      3. Client experiences issues with their Zerto Virtual Manager due to environment changes (Network, improper vMotions, Power Off, HA event).
      4. RPO Replication of 3rd party software/services not contracted through PNAP or one of its partners (SQL Mirror, Master/Slave, AD replication).
      5. RTO Replication of 3rd party service not contracted through PNAP or one of its partners (SQL Mirror, Master/Slave, AD replication).
      6. In-guest shares in a VM (iSCSI, CIFS, NFS).

      Commitment does not apply if failover is intended to correct virus related issue, where no previous check point is clean.

    Exhibit A

    1. RECOVERY POINT OBJECTIVE (RPO)

      SLA Credit Schedule:

    2. Time

      3/5 Min

      Hours One - Four

      Hours Five - Eight

      Hour 24

      Discount

      10%

      10%

      10%

      70%

      Total  Cumulative Discount Percentage

      10%

      20%

      30%

      100%

      Credit

      1

      2

      3

      Chronix(4)

      All within one monthly billing cycle on only that service

    3. RECOVERY TIME OBJECTIVE (RTO)
    4. Time

      Hours One - Four

      Hours Five - Eight

      Hours Nine - 12

      Hours 13 - 16

      Hour 24

      Discount

      10%

      10%

      10%

      10%

      70%

      Total Cumulative Discount  Percentage

      10%

      20%

      30%

      40%

      100%

      Credit

      1

      2

      3

      4

      Chronix(5)

      All within one monthly billing cycle on only that service

       

  1. OBJECT STORAGE SERVICE
This Phoenix NAP Service Level Agreement (“SLA”) is 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.

  1. SECURITY SERVICES
  1. Service Types, Priority, and Response Times

  2. Priority


     Acknowledge  Time


     Notification  Time

    Description

    Examples

    1. Priority (Critical)

    20 Minutes

    2 Hours

    Significant impact to the business or Client data; the problem is of a major impact and highly visible to business and/or their business operations; there is no workaround available.

    Widespread, Prolonged DDOS

    Critical asset compromise / Critical data loss

    Impacts to customer brands (in the news)

    Customer data loss

    Malware Activity related to ransom activity (e.g. CryptoLocker)

    Security monitoring service interruption

    2. Priority (High)

    1 Hour

    4 Hours

    A large percent of the business is affected; the problem is of high impact or highly visible to the client and/or their business operations; a tried and a proven workaround is available.

    Activity against known threat indicators

    Malware Callback, or Command and Control, activity

    Compliance

    3. Priority (Medium)

    4 Hour

    8 Hours

    A small percent of the Client business is affected, and/or the problem has limited visibility. The system may remain operational, however, in a degraded manner, and/or a tried and proven workaround is available.

    Repeat offenders

    Malware activity related to known, malicious activity but limited in exposure (e.g. Zeus, Coreboot)

    4. Priority (Low)

    1 Business Day

    1 Day

    Customer can still achieve full functionality and normal performance, as long as the workaround is followed.

    Evidence of Port scans or other Reconnaissance activity

    Low level malware/spyware


  3. Service Commitment
  4. PNAP will use commercially reasonable efforts to make Security Services available with a Monthly Uptime Percentage of 100%, excluding scheduled and pre-acknowledged maintenance periods where alternative procedures are in place for continuous monitoring. As described in section A: Service Types, Priority, and Response Times, PNAP, on receipt of an alert, will "acknowledge" (either through email or telephonically), in the described timeframes, the impact of the incident and the actions that should be taken to mitigate the concern.

    In the event PNAP does not meet the Monthly Uptime Percentage commitment, Client will be eligible to receive a Service Credit as described below.

  5. Service Credits
  6. If the Monthly Uptime Percentage for a Client drops below 100% during a Service Month, that Client is eligible to receive one (1) 10% Service Credit, for every thirty (30) minute period that Security Services was Unavailable, up to a maximum amount equal to one full month’s billing. For the purposes of determining Service Credits, Client will only be eligible for Service Credits related to the unavailability of:

    1. InfraSentry: Monitor Threat Detection Service
    2. InfraSentry: Sophos related "Advanced Persistent Threat" tools

    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, and
    2. Client is current with all payment obligations set forth in the Agreement.

    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.

  7. Credit Request and Payment Procedures
    To receive a Service Credit, Client must submit a request by sending an e-mail message to noc@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, along with 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 has been 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.

  8. Exclusions
    The Service Commitment does not apply to any unavailability, suspension or termination of Security Services, or any other performance issues:

    1. That result from Service Suspensions described in the following sections of the Agreement: Term and Termination, and Default Events and Remedies;
    2. Caused by factors outside of the reasonable control of PNAP, including any force majeure event or Internet access or related problems beyond the PNAP Network Demarcation Point;
    3. That result from any actions or inactions of Client 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 PNAP’s direct control);
    5. That result from failures of individual functions, features, infrastructure, and network connectivity Unavailability; or
    6. Arising from PNAP’s suspension and termination of Client's right to use Security Services in accordance with the Agreement.

    If availability is impacted by factors other than those explicitly listed in this agreement, PNAP may issue a Service Credit considering such factors in our sole discretion.

  9. Disclaimer
    If PNAP misses the SLA goal because of problems with Client’s behavior or the performance or failure of Client’s equipment, facilities, or applications, PNAP can't give Client credit. Additionally, extenuating circumstances beyond PNAP’s reasonable control such as (without limitation) acts of any governmental body, acts of terrorism, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Client’s services could cause some hang-ups that PNAP cannot be liable for.


© 2018, PhoenixNAP, LLC. All rights Reserved. V.3, 10292018