SLA refers only to the relationship between the Customer and ProVDC, and it does not relate to any third person or party, which also includes the Customer’s end user.
Definitions:
“Services”
- means the services ordered by the Customer and delivered by ProVDC. The Services are defined by the Agreement.
“Individual Contracted Service”
- is one of the contracted Services clearly and separately defined and stipulated in the Agreement.
“Respective Period”
- means the period of the initial contractual period or extended contractual period.
“Service Interruption”
- means the inability of connection of the Customer to ProVDC data center where the Service is provided. If the Customer can connect to the ProVDC data center and access the contracted Services, there is no Service Interruption, regardless if the Customer can use its content or not.
“Report of the Service Interruption”
- means the report of a period of interruption (expressed and measured in minutes) of the individually contracted service during the respective period reported by the Customer.
“Verified Minutes”
- means the number of minutes of the Interruption of the Individually Contracted Service verified by the ProVDC. The verified interruption is expressed in minutes.
“Exempted Minutes”
- means all reported minutes of interruption that are not directly related to the actual ProVDC removal of the Service Interruption (time for communication, waiting for work of the Customers and/or their contractual partners, announced interruptions etc.). The Exempted Minutes are expressed in minutes.
“Qualified Minutes”
- means the sum of all Verified Minutes of Interruption of the Individually Contracted Service during the respective period, reduced by all Exempted Minutes. The Qualified minutes are expressed in minutes.
“SLA Credit”
- means the amount of the fee for the Verified Interruption that was are result of the ProVDC failure and/or fault. SLA Credit is also the only fee that the Customer can realize in case the terms and conditions specified in this SLA are not met. SLA Credit is expressed in specific currency amount.
“Mean Time To Repair (MTTR)“
- means the time required to repair the fault in operation. MTTR is expressed in hours.
“Incident Time Notification“
- means the minimum time in which ProVDC starts with processing of the reported incident and informs the Customer about it. It is expressed in minutes.
The procedure for SLA Credit approval:
- The authorized administrative person appointed by the Customer submits a request for the approval of SLA Credit pursuant to a Report on the Service Interruption by opening a request on the Customer Portal within 7 days as of the date of the specific service interruption. The report must include the type and name of the service as specified in the Agreement, IP address, date and time for which the request is submitted, messages referring to errors (if any), contact information and full description of the incident, including the logs, if applicable.
- ProVDC verifies and determines the Qualified Minutes of interruption and the final amount of SLA Credit, and informs the Customer about the SLA Credit amount through the Customer Portal.
SLA Credit Value
ProVDC approves an SLA Credit of 5% of the contracted fee for the Respective Period for each uninterrupted period of 30 Qualified Minutes of interruption of the Individually Contracted Service within the Respective Period.
ProVDC shall make reasonable efforts to secure that all planned system upgrades start and finish within two hours. The system upgrades will be announced in advance through the Customer Portal.
If the planned and announced system upgrades are not finished within the defined two hours, and this causes a Qualified Interruption, the Customer has the right to an SLA Credit with the following values:
Duration of the announce interruption SLA Credit
<2 hours N/A
>2 < 6 hours 20% of the contracted fee for the Respective Period
>6 < 10 hours 40% of the contracted fee for the Respective Period
>10 <14 hours 60 % of the contracted fee for the Respective Period
>14 <18 hours 80% of the contracted fee for the Respective Period
>18 hours 100% of the contracted fee for the Respective Period
Restrictions of the CLA Credit
The interruption of delivery of several Individually Contracted Services cannot be summed up into the Qualified Minutes of the uninterrupted period.
Any continuous or any other interruption of provision of the Individually Contracted Service shorter than 30 minutes shall not be subject to the SLA credit realization.
SLA Credit is valid until the expiry or termination of the contractual relationship.
The total amount of the SLA Credit may not exceed the total of the amount due for the Respective Period.
The Customers cannot exercise their right to SLA Credits if they did not settle their due obligations when filing the Report on Service Interruption or failed to settle their obligations in time more than three times in the past 12 calendar months.
Each Service Interruption that is not reported in accordance with the relevant procedure shall not be considered Service Interruption or used as a basis for an SLA Credit.
The Customer shall pay the full fee during the period and after the service interruption, and SLA Credit cannot be used to reduce the due fees.
Use of SLA Credit:
SLA Credit may be used only for the future payments of services or other related obligations pursuant to which the SLA Credits have been acquired.
SLA Credits may not be either sold or transferred, and they may not be used until the Customer meets all other due obligations towards ProVDC.
The unfounded or multiple requests for SLA Credits by the Customer shall be considered a violation of the contractual relationship and the Customer shall be liable to pay a one-off fee of EUR 50.
Furthermore, the unfounded or multiple requests for SLA Credits by the Customer give the ProVDC the right to decide to cancel the service and terminate the contractual relationship.
The calculation of the SLA Credit shall not apply for interruptions cause by an event of Force Majeure.
The standard SLA periods as per type of request:
Mean Time To Repair (MTTR):
- Low/informational: no time restriction
- Normal: 24 hours
(not a huge impact and/or refers to the effect on the individual customer) - Medium: 8 hours
(effect on the service functioning, with more than 50% of the infrastructure affected, and no bypass solution is possible) - High: 4 hours or less
(the service not available and there is a possible impact on the financial loss of the Customer)
Incident time notification: up to 60 min.
Other obligations per services:
Public network: ProVDC will make reasonable efforts to secure the 100% service level for the public network.
Private network: ProVDC will make reasonable efforts to secure the 100% service level for the private network.
Customer access: ProVDC will make reasonable efforts to secure the 100% service level for customer access.
Infrastructure redundancy: ProVDC will make reasonable efforts to secure the 100% electricity and air-conditioning supply.