Service Level Agreement(SLA)

1.   Purpose

1.1      This Service Level Agreement (“SLA”) describes the Service Levels to be provided by Company to Customer regarding the Services, and the Service Credits to which Customer will be entitled if Company did not meet those Service Levels. Company reserves the right to alter or revise the terms of this SLA.

2.   Definitions

2.1        In this SLA, a reference to:

“Availability Rate” is defined as follows:-

  • Availability Rate (%) = ((Monthly Total Time(min) minus Monthly Downtime(min) )) / Monthly Total time(min)) x100
  • “Monthly Total Time(min)” means 720 hours per calendar month, irrespective of the number of days in any calendar month.
  • “Monthly Downtime(min)” means the Unavailable time of the Service in a month excluding the downtime of the Service subject to Section 3.4.

“Emergency Maintenance” means any maintenance or repair works which Company needs to carry out on any networks or equipment used to provide the Service (in which case Company will use its reasonable endeavours to give prior notice to Customer).

End User” means any person or entity that uses the Services through Customer, or accesses the Services provided to Customer.

“Maintenance” means Scheduled Maintenance and Emergency Maintenance.

“Scheduled Maintenance for ECL1.0” means the maintenance performed (i) no more than once in a calendar month between the hours of 01:00 – 04:00 am, local time of the relevant region; or (ii) when Company notifies Customer at least fourteen (14) Business Days in advance, unless agreed otherwise in writing by the Parties.

“Scheduled Maintenance for ECL2.0” means the maintenance performed (i) no more than once in a calendar month between the hours of 22:00 pm– 06:00 am, local time of the relevant region; or (ii) when Company notifies Customer at least fourteen (14) Business Days in advance, unless agreed otherwise in writing by the Parties.

Service(s)means Enterprise Cloud Services 2.0 which is an enterprise grade infrastructure as a service provided by Company via the Internet to Customer. The platform is orchestrated via software, and is comprised of servers, storage and network elements coupled with virtualization technology and operating system software.

Service Chargesmean variable usage charges and fixed monthly charges for Service Menus described in Section 3.1.3 and 3.1.4.

Service Credits” mean the percentage reimbursement which Company will provide to Customer in the event Company fails to meet the Availability Rate.

Service Level(s) means those service level(s) of the Service set forth in Section 3.1.

“Solution Monitors” means the monitoring hardware and software used by Company to monitor and measure the provision of Services.

“Unavailable” and “Unavailability” mean a failure of the Service identified by one or more Solution Monitors.

3.   Service Level: Infrastructure and Network Availability

3.1        Service Level

3.1.1    Company will make commercially reasonable efforts to make the Services available with an uptime percentage of at least 99.99% during each calendar month. Customer will be entitled to a Service Credit if the Availability Rate in any one month falls below 99.99% as described in Section 3.3.
3.1.2    A Service will be deemed ‘available’ if the Service Menu is available and if that applicable Service Menu is identified working by the Solution Monitors.
3.1.3    Service Levels applies to the ECL1.0 Service Menus in the following table:
MenuCategoryClassExclusions
ComputeCompute Resource (Shared Device)Compute(CPU/Memory)Guaranteed
Premium
Standard
StoragePremium
Standard
Compute Resource (Dedicated Device)ServerLarge
Medium
Small
Server(Generation2)Large
Medium
Small
StoragePremium+
Premium
NetworkInternet ConnectivityBest EffortAny Unavailability due to failure of the Internet which is not provided by Company will be excluded from Monthly Downtime.
Guaranteed
VPN ConnectivityBest Effort
Guaranteed
Server Segment
InterconnectivityService Interconnectivity
Colocation Interconnectivity
vFirewall
vLoad Balancer
Integrated Network ApplianceCompact
Compact(Redundant)
Large
Large(Redundant)
External StorageGlobal File StoragePrimary Storage
Secondary StorageAny Unavailability which does not result from a Company Equipment will be excluded from Monthly Downtime.
Block StorageStoragePremium++
3.1.4    Service Levels applies to the ECL2.0 Service Menus in the following table:
CategoryMenuExclusions
ServerBaremetal ServerBaremetal Server
Remote Console Access
Virtual ServerCompute
Volume
Image Storage
StorageBlock Storage
File Storage
NetworkInternet ConnectivityAny Unavailability due to failure of the Internet which is not provided by Company will be excluded from Monthly Downtime.
Logical Network
Firewall
Load Balancer
NetworkLoad Balancer
SD-ExchangeColocation Interconnectivity(CIC)
Enterprise Cloud 1.0 Interconnectivity(EIC)
Enterprise Cloud 2.0 Interconnectivity
Amazon Web Services InterconnectivityAny Unavailability due to failure of Amazon Web Services which is not provided by Company will be excluded from Monthly Downtime.
Microsoft Azure InterconnectivityAny Unavailability due to failure of Microsoft Azure which is not provided by Company will be excluded from Monthly Downtime.
Google Cloud Platform InterconnectivityAny Unavailability due to failure of Google Cloud Platform which is not provided by Company will be excluded from Monthly Downtime.
Dedicated HypervisorVMware Cloud FoundationApply only for the unavailability of VMware Cloud Foundation on Dedicated Hypervisor.
vSphereAny region other than JP1,JP2 Apply only for the unavailability of vSphere installed on Baremetal Server
Hyper-VAny region other than JP1,JP2

Hybrid Cloud for Azure Apply only for the unavailability of Hyper-V installed on Baremetal Server

SecurityNetwork-based Security
Platform ServiceRancher(Docker Container Management)
DNS1. The case where all name servers in the name server group of the target zone do not respond to the request is defined as Unavailable.

2.The following cases will be excluded from Unavailable time;

 

i) When there is a response from a partial name server in the name server group

ii) Late response of name server due to failure of the Internet which is not provided by Company

iii) Any other possible cases of Clause1 above

FastDNS
WebRTC PlatformTargets of SLA are each API of Signaling, TURN and SFU, and the dashboard is not included. SLA will not be applied to WebRTC trial edition.
Global Server Load Balance (Global Traffic Management)

 

3.1.5 Company provides SLA for Baremetal Server, Vmware Cloud Foundation,vSphere and Hyper-V which is applied to the replacement process of failure parts, not the availability of Baremetal Server, Vmware Cloud Foundation,vSphere and Hyper-V, which is different from other menu’s SLA in terms of its policy and Service Credit rate. Company provides SLA for the Parts of Cold Swap replacement only and not for the Parts of Hot Swap replacement. (Customer shall refer to the Service Description to acknowledge if the affected Parts will be replaced with Hot Swap or Cold Swap, as it differs depending on the Plan of Baremetal Server )

<List of parts of Baremetal Server>

Failure of Power Supply of both Primary/Failover(Chassis Power Supply)
CPU Failure(CPU Status)
Memory Failure(Memory Status)
Raid Controller / NIC / Disk Failure(Other Statuses)
Failure of Power Supply of both Primary/Failover(Power Supply Status)
Fan Failure(Fan Status)

 

 

3.2         Service Level measurements

3.2.1    Available time and Unavailable time will be counted by measurements designated by Company based on UTC(Coordinated Universal Time).

3.2.2    The duration of Unavailability shall commence at the time the Unavailability is recorded and terminates when Solution Monitors records the Service being restored.

3.2.3 The “Time Period for SLA Service Credit” is the period between Failure Detection Time and the Earliest Proposed Time for Parts Replacement.“Earliest Proposed Time for replacing the <List of parts of Baremetal Server> described in 3.1.4(“Parts”). “Earliest Proposed Time for Parts Replacement” is the earliest date and time where Company is available for Parts replacement.

3.3        Service Credits

3.3.1    Service Level will not be applied when any Service Charge is overdue. If Company fails to meet the Availability Rate, Customer will be entitled to a Service Credit subject to this Section 3.3.

3.3.2    In the event Customer is entitled to a Service Credit, Customer shall submit a claim in Service Credit Request Form by email to Company within thirty (30) calendar days following the date the Unavailability happened. Customer must specify which Service Level was not met by means of Company’s instruction. If Company did not receive a Service Credit request within thirty (30) calendar days following the date Unavailability happened, Customer shall not be entitled to the Service Credit for the applicable Unavailability.

3.3.3    Company will respond to Customer on the Unavailability upon receipt of the Service Credit request. If Company confirms the Service Level specified in the Service Credit request is not met, the Service Credit will be issued to Customer after 2 months later of the month Company confirmed the Unavailability.

3.3.4    Company shall calculate the Service Credit for each Data Center.

3.3.5    The amount of reimbursement will be the total Service Charges of affected Menus for each Data Center multiplied by the following Service Credit. Notwithstanding the foregoing, in no case the Service Credit will exceed 100% of the monthly invoice for each Data Center.

3.3.5.1 List of Service Credit rate

Monthly DowntimeAvailability RateService Credit rate
≦4Min19Sec100% to ≧99.99%0%
4Min19Sec<to≦86Min24Sec99.99%>to≧99.80%1%
86Min24Sec<to≦432Min99.80%>to≧99.00%3%
432 Min<to≦864Min99.00%>to≧98.00%10%
>864Min<98.00%100%

 

3.3.5.2 List of Service Credit rate (which relates to Baremetal Server, vSphere and Hyper-V)

Time Period for SLA Service CreditService Credit rate
Failure Occurred Date / Next DayN/A
2 Days20%
3 Days40%
4 Days60%
5 Days80%
6 Days100%

* Notwithstanding the List of Service Credit rate above, in case Company could not start Parts replacement by the “Expected Time for Parts Replacement” due to reasons attributable to Company, Service Credit Rate will be 100%.

Expected Time for Parts Replacement means the date and time Customer and Company agreed to commence the Parts Replacement.

 

3.4        Exclusions

3.4.1 Notwithstanding anything to the contrary in this SLA or any agreement between Customer and Company, the following provisions will apply:

Customer shall not be entitled to any Service Credits under this SLA for any Unavailability due to:

(a)         a Force Majeure event, which means any cause beyond Company’s control including but not limited to, any act of God, earthquake, explosion, flood, fire, power failure, blackout, severe weather, or other catastrophe; any embargo, insurrection, national emergency, terrorist act, or war; any Law or any order, direction, or request of any federal, state, local, foreign, or other government or of any civil or military authority; or unavailability of necessary equipment, supplies, services, labor, or facilities;

(b)         any act, misconduct or omission of Customer or End User;

(c)          any default of third parties;

(d)         Scheduled Maintenance;

(e)         any failure of Customer or End User equipment;

(f)          any failure to comply with Acceptable Use Policy;

(g)         Customer’s failure to follow Company’s instructions;

(h)         unauthorized changes to Company Equipment due to an act, misconduct or omission of Customer or End User; or

(i)           exclusions described in Section 3.1.3 and 3.1.4.

3.4.2    Notwithstanding anything to the contrary in this SLA or any agreement entered into between Customer and Company, the following will be excluded from the Monthly Downtime:

(a)         any Unavailability  due to Maintenance announced in advance by Company (including Emergency Maintenance);

(b)         if the automatic switchover of a redundant device worked; or

(c)         a failure to provide Customer Portal, including those provided by Company under the Customer Portal Service Agreement, which had no impact on the Service.

<Revision History>

DateRevisions
2016/03/01

・Added ECL2.0 Service Menus

2016/04/01

・Added ECL2.0 Server/Baremetal Server

・Added ECL2.0 Storage/File Storage

2016/07/28・Added “JP2″” to as Exclusion of ECL2.0 Server/Baremetal Server
・Added ECL2.0 Dedicated Hypervisor
2016/11/01・Added Exclusion to ECL2.0 Dedicated Hypervisor
2016/11/15・Added ECL2.0 Platform Serice/DNS
2016/12/27・Deleted ECL2.0 Server/Baremetal Server/OS
・Deleted ECL2.0 Dedicated Hypervisor/Guest Image
2017/02/16・Added article “3.1.4” to article 3.4.1 (i)
・Deleted part of the description in article 3.4.2(c)
2017/03/30・Deleted the Exclusion of ECL2.0 Server/Baremetal Server
・Added ECL2.0 SD-Exchange as new Category
2017/07/01・Added “based on UTC” to the article 3.2.1
・Added “Notwithstanding the List of Service Credit rate above, in case Company could not start Parts replacement by the  “Earliest Proposed Time for Parts Replacement” due to reasons attributable to Company, Service Credit Rate will be 100%.” to the article 3.3.5.3.
2017/09/05・Added ECL2.0 Platform Service/WebRTC Platform
2017/10/05・Added ECL2.0 Platform Service/Rancher(Docker Container Management)
2018/3/1・Modified Exclusion of ECL2.0 Platform Service/WebRTC Platform
2018/04/11・Added ECL2.0 Platform Service/Global Server Load Balance (Global Traffic Management)
・Added ECL2.0 Platform Service/Hybrid Cloud with Microsoft Azure
・Added ECL2.0 Platform Service/Hybrid Cloud with GCP
2018/05/10・Added ECL2.0 Platform Service/FastDNS
2018/06/19・Added ECL2.0 SD-Exchange/Google Cloud Platform Interconnectivity
・Added Exclusion of ECL2.0 SD-Exchange/Amazon Web Services Interconnectivity
2018/08/08・Added ECL2.0 SD-Exchange Microsoft Azure Interconnectivity
・Added ECL2.0 Dedicated Hypervisor/VMware Cloud Foundation
・Modified 3.1.5(added to VMware Cloud Foundation)

Service Credit Request Form