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SLA Supplement: Disaster Recovery as a Service

SLA Supplement: Disaster Recovery as a Service

Disaster Recovery as a Service

Via SCN’s "Disaster Recovery as a Service" (DRaaS Service), SCN uses commercially reasonable efforts to provide Customer with an SCN-operated service to provide automated protection of virtual machines (VMs). The DRaaS Service includes managed failover testing on a regular basis, and managed failover & failback in the event of a declared disaster.

The DRaaS Service is a turnkey solution that is fully maintained and operated by SCN, with all underlying hardware and software administered and monitored by SCN’s Managed Services and Operations teams. Replication, testing, failover & failback, and other requests are processed by SCN through support requests. The DRaaS Service may include any services agreed upon by SCN and Customer to fulfill Customer’s requests.

SCN will work with the Customer to create a Runbook. The Runbook will document the mutually agreed-upon attributes of the Service including recovery point objectives, recovery time objectives, policies, source location, target destination, and support scope. A copy of this Runbook will be provided after the initial setup of the service.

An initial failover and failback test will be performed for all VMs protected by the DRaaS Service as part of the Initial Setup. A separate, annual, full test of failover and failback procedures is also included with the DRaaS Service.

The Service provides ongoing monitoring, including verification of the replication process and configuration synchronization between the source and target. All requests for modification to the Runbook or DRaaS Service should be submitted via a support request. The DRaaS Service is monitored by ServerCentral’s monitoring systems and Network Operations Center.

Fees

Fees for the DRaaS Service are charged on a calendar-month basis. Fees will be inclusive of a (i) non-recurring charge for setup and configuration and (ii) a monthly Recurring Charge for the ongoing DRaaS Service. Additional Fees may be incurred by Customer for completion of services provided by SCN outside the scope of the DRaaS Service. Fees for any such additional services will be agreed upon, in writing, by both Parties prior to the services being performed.

SLAs

SCN will use commercially reasonable efforts to maximize availability of the DRaaS Service, and to achieve the SLAs detailed below.

  • Availability SLA - For SCN’s DRaaS Service, SCN provides the following Availability SLA: one hundred percent (100%) availability of the SCN-owned and managed infrastructure supporting the Service. If the infrastructure supporting the DRaaS Service disrupts the ability of the Service to complete replication of VMs, Customer shall be eligible for a Credit as set forth below.
  • Replication SLA – For providing replication of data from a source location and target destination defined by the mutually agreed-upon Runbook, SCN provides an SLA of 100% provided that SCN manages the source and target environments.
  • Target Availability SLA – Failover and failback of VMs will follow a mutually agreed-upon method and documented plan for recovery. Customer is required to pre-define disaster criteria and business rules, including different person(s) to declare a disaster & request failover and verify the declaration & approve the request. For completing the failover of VMs from a correctly requested and verified disaster defined by the mutually agreed-upon Runbook, SCN provides an SLA of one (1) hour for availability of the VMs in the target destination. Availability of VMs is defined as the VMs are able to power on successfully in the target environment.
  • Ongoing Maintenance SLA – Any maintenance that SCN reasonably believes will incur Downtime will be confirmed with Customer via a maintenance notification. For avoidance of doubt, any updates that are deemed to be critical by a third-party vendor to ensure proper ongoing operation of the DRaaS Service shall be exempt from this Section. For updates of this nature, SCN will use commercially reasonable efforts to coordinate the update with Customer.

Remedies for Failure of DRaaS Service SLAs

  • Availability SLA – if the DRaaS Service is unavailable due to disruption in the operation of the SCN-owned and managed infrastructure supporting the service. SCN will issue a credit to Customer’s account equal to 3.33% of the Recurring Charges attributable to the DRaaS Service for the applicable calendar month in which the disruption occurred.
  • Replication SLA – If, during any planned test of the DRaaS Service defined by the mutually agreed-upon schedule in the Runbook, SCN fails to provide the data from a completed replication process, SCN will issue a credit to the Customer’s account equal to 25% of the Recurring Charges attributable to the DRaaS Service in the calendar month in which the request was made.
  • Target Availability SLA – If, after the Customer has submitted a correctly requested and verified failover, SCN fails to provide the data from a completed replication process defined by the mutually agreed-upon schedule in the Runbook within one (1) hour, SCN will issue a credit to the Customer’s account equal to 100% of the Recurring Charges attributable to the DRaaS Service in the calendar month in which the request was made.
  • Ongoing Maintenance SLA – If SCN fails to provide a minimum of forty-eight (48) hours’ advance notice of a DRaaS Service-impacting maintenance, excluding Emergency Maintenance, SCN will credit Customer’s account with 3.33% of the Recurring Charges attributable to the DRaaS Service for the calendar month in which the disruption occurred.

Limitations on Remedies; Exceptions

  • Limitation on Remedies – If Customer is entitled to multiple Credits under this Supplement, such Credits shall not exceed the total Recurring Charges for the DRaaS Service for such month. Except as set forth in this Supplement, SCN makes no claims regarding the availability or performance of the DRaaS Service.
  • Exceptions – In addition to the exclusions set forth in the main body of the Master Products and Services Agreement (the “MPSA”), Customer shall not receive any Credits under this Supplement in connection with any failure or deficiency caused by or associated with the following: if Customer provides incorrect information during the initial configuration of the Service, or changes to the configurations of the Source location environment without notifying SCN. Replication and Target Availability SLAs shall not apply to data that has not been replicated by Service, data that has been corrupted on original VM prior to replication by the Service, or data that was replicated as part of a failed replication process.
  • Emergency Maintenance - SCN may conduct Emergency Maintenance without advance notice. Should a service-impacting Emergency Maintenance be required, SCN will use commercially reasonable efforts to notify Customer upon execution of the maintenance.
  • Exclusions - The availability SLAs exclude service disruptions due to the following Customer traffic events: Denial of Service Attack; physical saturation of the Customer’s connections to the public Internet; Customer-managed Source location losing connectivity or becoming unavailable to the DRaaS Service, exceeding the rated or licensed traffic capacity of the DRaaS Service infrastructure, or any third-party service included as part of the DRaaS Service.

Required Insurance

In accordance with Section 3.7 of the main body of the MPSA entered into by SCN and Customer, Customer must have the following Required Insurance with respect to the DRaaS Service: 

  • Category B (Comprehensive General Liability Policy); and
  • Category C (Cyber Liability Policy).

Definitions

Any capitalized terms not otherwise defined herein shall have the definitions ascribed thereto in the main body of the MPSA or the Order(s) applicable to the DRaaS Service.

  • Configuration Change Request– a Customer-initiated request for SCN to modify the configuration of the DRaaS Service.
  • Denial of Service Attack– an attempt by one or more third parties to make a computer resource unavailable to its intended users (may also be referred to as DoS orDoS Attack).
  • Emergency Maintenance” - a maintenance event performed on the DRaaS Service that is deemed critical to preserve the integrity of the DRaaS Service.
  • Rules” – a set of security policies which are implemented to provide the DRaaS Service.
  • “Runbook” – a document maintained by ServerCentral and accessible by the Customer documenting the parameters of the DRaaS Service.
  • Systems” – the on-line systems provided by SCN to utilize the DRaaS Service, including network appliances, monitoring and reporting equipment, storage systems, and network switches, as applicable.