NOTE: This agreement is specific to services utilizing OVHCloud (OVH) and is intended to specify terms for those using OVH services. This doucment is not maintained by HostEZ, and the copy below is provided for convenience only and may not relfect the most current version. The most updated copy of this agreement may be found on OVH.com or at https://storage.gra.cloud.ovh.net/v1/AUTH_325716a587c64897acbef9a4a4726e38/contracts/2d4416e-contrat_partDedie-CA-6.0.pdf
Version date: July 2, 2021
- Range HG : 99,99%
- Range SCALE : 99,99%
- Range HIGHGRADE : 99,99%
- Range INFRA/ADVANCE : 99,95%
- Range RISE : 99,9% Credit of 5% of the monthly cost of the unavailable Dedicated Servers Bare Metal, for each one (1) hour of unavailability begun in excess of the SLA, limited to 100% of the said monthly cost. Guaranteed response time*, Level 1 Incident (Dedicated Hardware Server) Credit of 5% of the monthly cost of the unavailable Dedicated Server Bare Metal, for each one (1) hour of unavailability begun in excess of the SLA, limited to 100% of the said monthly cost. Guaranteed resolution time*, Level 1 Incident (Dedicated Hardware Server) Credit of 5% of the monthly cost of the unavailable Dedicated Server Bare Metal, for each one (1) hour of unavailability begun in excess of the SLA, limited to 100% of the said monthly cost. Guaranteed response time, Level 2 Incident (Performance of Dedicated Server) Credit of 5% of the monthly cost of the affected Dedicated Server Bare Metal, for each one (1) hour of unavailability begun in excess of the SLA, limited to 100% of the said monthly cost. (*) The response time is calculated with effect from creation of the support ticket. “Response” means the initial response to the support ticket by OVHcloud technical staff and not resolution of the Incident.
(**) The resolution time is calculated with effect from the start of the response. “Resolution” means solely the restored availability of the unavailable Dedicated Server Bare Metal or replacement of the said Dedicated Bare Metal Server in the event of a fault, excluding restoration of data, systems and applications that were stored and/or installed by the Client on the unavailable Dedicated Server Bare Metal. “Level 1 Incident” is to be understood as meaning any Incident resulting in total non-availability of the Dedicated Servers Bare Metal, such as hardware problems (Power Outage, Disk fault, etc.) “Level 2 Incident” is to be understood as meaning any Incident resulting in substantial deterioration in the performance of the Dedicated Servers Bare Metal such as latency problems, delayed access times, performance problems, slowed-down applications, etc. “Monthly availability rate” is to be understood as meaning: the total number of minutes in the month concerned less the number of minutes of non-availability in the month in question, the total being divided by the total number of minutes in the month in question. For the purpose of calculating compensation, nonavailability is calculated with effect from the opening of the support ticket, until resolution of the malfunction. “Unavailability” is to be understood as meaning the impossibility of accessing the public IPv4 address of one or more Dedicated Servers owing to a fault or malfunction of an item of OVH equipment (network or other). Faults and malfunctions of OVHcloud equipment that do not prevent access to the Dedicated Servers Bare Metal are not considered as non-availability. The above Service Level Agreements are undertaken subject to the exclusions set out above, and on condition that the Client cooperates with OVHcloud to restore the Service in the event of non-availability. When declaring the Incident and creating the ticket, the Client gives OVHcloud all the relevant information needed for OVHcloud’s diagnosis and response. The Client undertakes to remain available at all times for the purpose of cooperating with OVHcloud immediately upon request, including supplying it with any additional Page 7 of 8 information, and carrying out all necessary tests and checks. If necessary, the Client gives OVHcloud access to its Management Interface. It is expressly agreed that the service credits set out above constitute, for the Client, an all-inclusive payment for all loss or damage resulting from OVHcloud’s failure to meet the service agreements in question; and as such the Client waives any right to any other request, complaint or action. If a single event results in failure to fulfil more than one of the Service Level Agreements described above, multiple compensation payments will not apply. In such a case, the service credit most favourable to the Client will apply. In the same way, the total amount of service credits made during a single month, for all events combined, cannot exceed 50% of the total monthly cost of the affected Service. Service credits are issued if and when customer has paid all its overdue invoices, and are deducted from the invoice for the month following receipt by OVHcloud of the Client's claim provided that all previous and overdue invoices have been paid by the Client.. The Client cannot in any circumstances rely on this Clause to claim the services credits set out above in the event of non-availability resulting wholly or in part from (i) events or factors beyond the control of OVHcloud such as but not limited to instances of force majeure, act of a third party, malfunction or misuse of equipment or software within the Client’s control, (ii) the Client’s failure to fulfil its obligations as set out in this Contract (including lack of cooperation to resolve the Incident), (iii) misuse or inappropriate use of the Service by the Client (including incorrect or inappropriate network configuration), (iv) planned maintenance, (v) suspension occurring within the terms and conditions set out in the General Terms and Conditions of Service or (vi) hacking or software piracy. In such cases, and subject to point (iv), OVHcloud reserves the right to invoice the Client for any support provided to restore availability. A quotation for this support will be submitted to the Client for authorisation. The causes of unavailability, including instances of the exclusions defined above, are established by OVHcloud by whatever means it sees fit, including on the basis of elements of OVHcloud’s information system (such as connection data) which, by express agreement, will be admissible. CLAUSE 8: SERVICE FEE, DURATION, RENEWAL AND CANCELLATION The fee varies according to the range of server and the lease period (the “Initial Period”) selected by the Client when placing the Order. Only the fee shown on the order form issued by OVHcloud corresponds to the total amount payable by the Client. At the time the Order is placed, as well as each time the Service is renewed, an invoice is issued and is settled by automatic payment via the means of payment registered by the Client. The Client undertakes to register a valid means of payment on its OVHcloud Client Account from among the available means of payment. It is the Client’s responsibility to determine precisely which offer best meets its needs, and the offer cannot subsequently be altered during the term of performance of the Contract. The Initial Period starts on the day the Dedicated Server Bare Metal is effectively provided. At the end of the Initial Period, the lease period renews automatically for successive periods of the same duration (the “Renewal Period(s)”), under the same contractual and pricing conditions as the previous period, except where the duration of the Renewal Period is altered or the Service is cancelled in accordance with the above terms and conditions or the General Terms and Conditions of Service in force at that time. The Client can alter the duration of future Renewal Periods of its Services via its Management Interface, at least 24 hours before the end of the Initial Period or the current Renewal Period. Page 8 of 8 When the Initial Period does not start on the first day of a calendar month (mid-month start), the Service renewal cycle is realigned with a calendar cycle upon the first renewal so that subsequent Renewal Periods start on the first day of a calendar month. (For example: The automatic renewal at the end of the Initial Period of a Service initially subscribed to for one (1) year on 24 May 2020 entails the extension of the said service for the period from 24 May 2021 to 31 May 2021). In the event of deactivation of the automatic payment under the above terms and conditions, the Service concerned is automatically cancelled and withdrawn at the end of the Initial Period or current Renewal Period (“Expiry Date”). All the Contents and data stored by the Client while using the Service are deleted within a maximum period of seven (7) days starting from the Expiry Date of the said Service. The same applies whether cancellation is immediate or made in advance. It is the Client’s responsibility to take all necessary measures to ensure the preservation of the said Contents and data before cancellation of the Service. The Client nevertheless still has the opportunity to renew the Service concerned by reactivating the automatic payment function up to 24 hours before its Expiry Date, or by paying in advance for the next Renewal Period. Both the duration and terms and conditions of renewal and cancellation of some options and functions that can be combined with the Service may differ from those applicable to the Service. It is the Client’s responsibility to take note of these.