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SLA Supplement: Enterprise Cloud

SLA Supplement: Enterprise Cloud

Enterprise Cloud Service

SCN’s “Enterprise Cloud Service” is a flexible, scalable, and secure Infrastructure as a Service (IaaS) offering, allowing Customers to dynamically scale resources in response to changing business needs.

The Enterprise Cloud Service is delivered on an enterprise-class stack, including redundant servers, multi-gigabit networking, high performance storage, and an enterprise-class virtualization platform, all architected for applications with performance requirements. The infrastructure is fully redundant and configured for automatic failover for compute and networking.  The Service is delivered from SCN data centers in multiple geographies, giving Customers the option to deploy resources in different availability zones.

Customers are allocated resource pools in the Enterprise Cloud Service. Each resource pool includes a flexible configuration of network, compute, memory, storage, and security services, as well as the software and access methods required to utilize the cloud resources. Customers create and manage virtual machines (VMs) in each resource pool, with complete control over VM provisioning, VM size, and the guest operating system.

The Service includes complete management of the underlying hardware and software tools used to deliver the Service, including virtualization platform management, hypervisor patching and updates, on-site hardware sparing, and full maintenance & support, all monitored 24 x 7 by SCN’s Network Operations Center (NOC). 

Customers can administer the VMs in Enterprise Cloud using the Enterprise Cloud Portal, which is used for creation and day to day management of the VMs. Customers also have access to the ServerCentral Customer Portal, which is used to get information about the Service, request changes, and review service ticket history.

Fees

Fees for the Enterprise Cloud 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 Enterprise Cloud Service.  Overage fees may be incurred if SCN personnel are required to increase Enterprise Cloud resources in order to provide uninterrupted backup services. Any overage fees incurred as a result of SCN intervention will appear on the appropriate invoice.

Additional Fees may be incurred by Customer for completion of services provided by SCN outside the scope of the Enterprise Cloud 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 Enterprise Cloud Service, and to achieve the SLAs detailed below. 

  • Cloud Network Uptime - SCN will use commercially reasonable efforts to provide 100% availability of the Cloud Network. The Cloud Network shall be deemed “available” if its networking components are available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool). 
  • Cloud Server Uptime - SCN will use commercially reasonable efforts to provide 100% availability of each individual Cloud Server within SCN’s Enterprise Cloud Services environment. A Cloud Server shall be deemed “available” if the server hardware is in good working order, and (if applicable) the virtualization hardware and hypervisor layers are available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool). 
  • Cloud Data Storage Uptime - SCN will use commercially reasonable efforts to provide 100% availability of the Cloud Data Storage. The Cloud Data Storage shall be deemed “available” if the hardware and software components thereof are available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool) and are accessible for processing requests to add, read, and delete Data to each Cloud Server supporting the Sales Order. 
  • Cloud Portal Uptime - SCN will use commercially reasonable efforts to provide 100% availability of the Cloud Portal. The Cloud Portal shall be deemed “available” if the hardware and software components thereof are available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool).  If the Customer is unable to access the Cloud Portal for more than fifteen (15) consecutive minutes, or three or more periods of five (5) minutes in duration, over any 24-hour period, the Cloud Portal shall be deemed “unavailable” for that 24-hour period.  Upon experiencing a failure in availability of the Cloud Portal, Customer must notify SCN via the Support Ticketing System.  SCN will review its monitoring tool and system logs and, if the Cloud Portal is deemed unavailable, SCN shall provide regular updates to Customer on the restoration of the Cloud Portal.

Remedies for Failure of Enterprise Cloud Service SLAs

  • Cloud Incidents - If SCN fails to meet any of the Service Levels set forth in this Supplement (each such failure, a “Cloud Incident”), SCN shall provide a Credit for such Cloud Incident equal to the Recurring Charges attributable to the affected Sales Order for one (1) day during the calendar month in which the Cloud Incident occurs; provided that (i) under no circumstances will the aggregate Credits issued under this Supplement in respect of any one (1) calendar month exceed fifteen (15) days of Recurring Charges payable under the Sales Order with regard to such month; and (ii) Customer shall receive only a single Credit with respect to any one event causing a failure of any Service Levels under this Supplement or any other portion of this Agreement, even if multiple Service Levels are not met. For example, if a degradation of SCN’s Systems results in both the Cloud Network and Cloud Data Storage Service Levels not being met, Customer will receive only a single Credit in respect of such event.

Limitations on Remedies; Exceptions

  • Limitation on Remedies – If Customer is entitled to multiple Credits under this Supplement, such Credits shall not exceed fifteen (15) days of Recurring Charges for the Enterprise Cloud Service for such month. Except as set forth in this Supplement, SCN makes no claims regarding the performance of the Enterprise Cloud 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 the failure of Customer-owned equipment, software, or configuration used in connection with the Enterprise Cloud Service, including failures of the Customer’s own network, or that of intermediate Internet Service Providers (ISPs), or the network of any End Users.
  • 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 events: Denial of Service Attack; physical saturation of the Customer’s connections to the public Internet; or exceeding the rated or licensed traffic capacity of the Enterprise Cloud infrastructure.

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 Enterprise Cloud 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 Enterprise Cloud Service.

  • Cloud Data Storage – locations designated by SCN for Customer to store Data, comprised of storage appliances and the related back-end systems.
  • Cloud Datacenter – any physical Datacenter Facility where SCN’s Enterprise Cloud Services are deployed.
  • Cloud Interface – a web site provided by SCN for access to the Enterprise Cloud Services.
  • Cloud Network – the border routers, hardware and software firewalls, hardware and software load balancers, and switches which support the Enterprise Cloud Services.
  • Cloud Server a physical or virtual server, installed in a Datacenter Facility, used in the delivery of Enterprise Cloud Services.
  • Configuration Change Request– a Customer-initiated request for SCN to modify the configuration of the Enterprise Cloud Service.
  • Data” – a set of file systems, directories, or individual files as designated by Customer.
  • 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 Enterprise Cloud Service that is deemed critical to preserve the integrity of the Enterprise Cloud Service.
  • Enterprise Cloud Services– a flexible suite of products and services described on the Sales Order which are designed, at Customer’s direction, to include one or more virtualized or physical servers, networks, network appliances, and storage, as well as the software and access methods required for Customer to utilize such products and services, and may facilitate Customer’s access to, processing and/or storage of Data.
  • Rules” – a set of security policies which are implemented to provide the Enterprise Cloud Service.
  • Sales Order” – the Order executed between the Parties describing the specifics of the Enterprise Cloud Services to be performed by SCN.
  • Systems” – the on-line systems provided by SCN to utilize the Enterprise Cloud Service, including network appliances, monitoring and reporting equipment, storage systems, and network switches, as applicable.