This SLA Attachment sets forth the SLA applicable to the hosted services provided to Customer within a RapidScale Facility. This SLA Attachment is subject to and incorporated into the Service Agreement and between the parties and any terms not defined in this SLA shall have the meaning set forth herein.
Server Availability Targets
RapidScale 100% Server Hosting Uptime SLA ensures server availability provided to RapidScale Hosting Customers and, as set forth below; RapidScale will credit Customer’s account if RapidScale fails to meet this Server Uptime Guarantee during any given calendar month.
Servers and systems will be deemed ‘available’ if the hardware delivering such service is available and responding to RapidScale monitoring tools as designed and in a non-degraded manner (as evidenced in the RapidScale monitoring tool).
“Server Unavailability” consists of the number of minutes in a given month that the Hosted Server was not available to the customer, but will not include unavailability which Customer fails to report to RapidScale within five days, or any unavailability resulting from:
- Scheduled RapidScale Network Maintenance
- Customer’s applications
- Customer-owned and/or operated cabling, infrastructure, or customer premise equipment
- Any customer-provided circuits/transport between Customer’s location and RapidScale
- Denial of Service (“DOS”) attempts and any other malicious attempts orchestrated by third parties
- Acts or omissions of Customer
- Use of the services whereas the actions of the end user or practice being performed whether intentional or unintentional negatively impacts the Customer’s services or data
- Reasons of Force Majeure.
For each day that RapidScale fails to meet the Uptime SLA above, Customer’s account shall be credited for one day of the Customer’s Reoccurring Monthly Fee from RapidScale for the affected Service, up to but not exceeding the monthly hosting fee for the affected service. For purposes of calculation, each month is considered to have 30 days.
In the event RapidScale fails to meet the Uptime SLA in three (3) consecutive months or more than six (6) times annually, Customer may terminate this Agreement on ninety (90) days written notice without penalty.
RapidScale will report on the performance and availability of the underlying server hardware and network elements to insure that RapidScale’s Services continue to perform at the highest standards. Upon request, RapidScale will host a metrics review call with said client to review all compute metrics for the affected month’s service.
In the event that said client is not seeing the performance that is expected for the services provided, as evidenced by the opening of support request as well as supporting information such as screenshots, the client can submit for a written report and performance review, which RapidScale is obligated to deliver within seven business days, or a mutually agreed-upon timeframe, from the request. Once the report is rendered, RapidScale must be afforded commercially reasonable time for technical resolution. If resolution to achieve SLA standards is unsuccessful, deemed not commercially feasible by RapidScale, or determined unacceptable to the Customer, in lieu of accepting credits, the Customer may exit the agreement, without penalty, provided the Customer provide 30 days written notice.
Limitations of Guarantee
RapidScale’s Service Level Agreement is intended to cover all RapidScale-controlled Services and facilities, RapidScale-controlled Hardware & Software Platforms and Systems, and RapidScale-controlled infrastructure facilities.
- The total credit granted to Customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month.
- All guarantees will not apply if downtime or unavailability occurs during standard RapidScale maintenance windows or when Customer is notified at least 24-hours in advance of maintenance activities or unavailability of service guarantees.
- Credits or remedy will be provided only upon request of the customer. Requests for credit due to server unavailability must be requested within 90-days of the failure report to RapidScale.
- No guarantee or remedy will be provided at any time for failures determined attributable to unavailability exemptions stated above, including Force Majeure.
This SLA in no way construes RapidScale will guarantee performance against failures of application-specific failures, such as web server software, operating system software, web site application features, database performance or related components. RapidScale will work cooperatively with Customer to determine fault and identify failure to perform under the obligations of this SLA.