Version 1.1 – Last Updated February 8th, 2010
ReliaCloud offers the following service level agreement for its Cloud Server Product. This SLA is only applicable to the Cloud Server Product and not to other products or services offered by ReliaCloud. This SLA is subject to and is part of the Terms of Service Agreement you have for the Cloud Server Product.
- The SLAs
- Network Availability
- Infrastructure Availability
- Host Server Availability
- Support and Incidents
- If you become aware that any of your Services are not available, you must promptly give ReliaCloud notice of the problem by e-mailing sla@reliacloud.com with at least the following information: (a) your ReliaCloud account username; b) the ID of the cloud instance affected; and (c) the date(s) and time(s) of the Incident(s). You must reasonably cooperate with the ReliaCloud support staff by providing reasonable and timely responses to questions and other information needs the support staff may have in resolving the problem.
- A period of non-availability will be deemed to have started at the time we log when you first contact us about the problem. The end of the period of non-availability will be determined by ReliaCloud support staff based on ReliaCloud log files. Any period of time ReliaCloud does not meet the SLA availability requirements described above will be considered an "Incident". Incidents will be measured by the minute.
- Credits
- To be eligible for credits, the Incident must have been reported to ReliaCloud as described above, either while happening or promptly (within one hour) after the close of the Incident.
- Your credit for eligible Incidents in a particular billing period is equal to the aggregate total time for the Incidents which have affected particular Cloud Service Instances in that billing period (measured to the closest minute) times the service fees paid by you for those same Cloud Service Instances over that same amount of time times thirty. For example, if you are paying $0.16 per hour for a Cloud Server and there is a 2-hour Incident, you would be eligible for a $9.60 credit ($0.16 x 2.0 x 30). Or, for example, if you are paying $0.16 per hour for a Cloud Server and there is an 18-minute Incident, you would be eligible for a $1.44 credit ($0.16 x 0.3 x 30).
- To obtain a credit for a particular Incident, you must submit a request for credit within five business days after the conclusion of the Incident. You must email your request to sla@reliacloud.com with at least the following information: (a) your ReliaCloud account username; (b) the ID of the cloud instance affected; (c) the date(s) and time(s) of the Incident(s); and (d) a request for a credit under this SLA and any estimates you have for the credit amount.
- Upon receipt of your request for credits, ReliaCloud will determine your eligibility. If you are eligible for a credit, ReliaCloud will credit your account within 90 days of the Incident report by showing as a credit amount on a future invoice for those same Services the Incidents were related to. Credits may only be used against future amounts you may owe to ReliaCloud for the same Services, and may not be transferred to another person or entity, used against a different product or service, or be paid to you or anyone in cash or other form of payment. Credits have no cash value. If you retain a credit balance on termination of your account, you will forfeit such credit.
- The maximum total credit you may accrue in any one billing period (as determined by your contract for Services) for any particular Cloud Service Instance is 100% of the amount you actually paid for Services for that Cloud Service Instance in the month the Incidents occurred. Credits that would be available, but for this limitation, will not be carried forward to future billing periods.
- Credit Limitations
- Any credit which has not been applied within twelve (12) months of issuance is subject to deletion by ReliaCloud.
- The remedies set forth in this SLA are your sole and exclusive remedies for any Incident or other failure of the Service.
- If you are in breach of the Terms of Service or Acceptable Use Policy during the period of an Incident, you are not eligible for a credit for that Incident.
- Notwithstanding any provision to the contrary in this SLA, the following do not constitute Incidents: (1) any unavailability occurring during scheduled maintenance periods (as defined below); (2) unavailability caused by negligent acts or omissions of you or your representatives, or by any of your applications, equipment, or facilities; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of ReliaCloud's control; (5) outages resulting from Internet anomalies outside of ReliaCloud's control; (6) outages resulting from fires, explosions, or force majeure; (7) your failure to abide by the requirements of Section 3 of this SLA; and (8) any unavailability related to a Service under "beta test" (as stated on the Order). ReliaCloud will exercise reasonable efforts to inform you in advance before interrupting the Service for Maintenance, but such notice is not guaranteed and failure thereof does not constitute Incident.
- "Maintenance" means: (i) maintenance on ReliaCloud equipment that ReliaCloud has planned in advance; or (ii) any emergency maintenance, corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by ReliaCloud in its sole discretion.
The Network is considered “not available” if data cannot be transmitted and received across the Network in the normal course of operation. By "Network" we mean the portion of the ReliaCloud Server system extending from the network egress point of your Host Server (as defined below) to the outbound port of the ReliaCloud data center border router.
The Infrastructure is considered “not available” if the Infrastructure is not functioning at a reasonable capacity as a result of power or cabling. By "Infrastructure" we mean ReliaCloud's power (including UPS equipment, generator and cabling) systems and HVAC for the data center.
The Host Servers are considered “not available” if they fail to function properly as a result of hardware and hypervisor layer problems on the Host Servers. By "Host Server" we mean the hardware, computing and storage nodes, and software hypervisor of the physical servers which are used to host your Cloud Server(s). By "Cloud Server" we mean specific and unique virtual machine instances which you have purchased through the ReliaCloud Server Product as specified in your particular Order.