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SLA Supplement: Managed Backup

SLA Supplement: Managed Backup

Managed Backup Service

SCN’s “Managed Backup Service” uses commercially reasonable efforts to provide Customer with an SCN-operated service to backup data.  The Managed Backup Service is a turnkey solution that is fully maintained and operated by SCN, with all underlying hardware and software administered and monitored by SCN.  Backup, restore, and other requests are processed by SCN through support requests.  The Managed Backup 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 Managed Backup schedule.  The schedule will document the mutually agreed-upon attributes of the Managed Backup Service, including backup schedules, retention policies, backup sources, and support scope.  

Fees

Fees for the Managed Backup 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 Managed Backup Service.  Overage fees may be incurred if ServerCentral personnel are required to increase Managed Backup resources in order to provide uninterrupted backup services.  Any overage fees incurred as a result of ServerCentral 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 Managed Backup 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 Managed Backup Service, and to achieve the SLAs detailed below.

  • Availability SLA - For SCN’s Managed Backup Service, SCN provides the following uptime SLA: one hundred percent (100%) availability of the SCN-owned and managed infrastructure supporting the service. If the infrastructure supporting the Managed Backup Service disrupts the ability of the service to complete Backup jobs, Customer shall be eligible for a Credit as set forth below.
  • Restoration SLA – Customer is required to submit each Backup Restoration Request via SCN’s Support Ticketing System. For providing restoration of data from a completed Backup Job, SCN commits to initiating the restoration process within twenty-four (24) hours of receiving the Restoration Request.

Remedies for Failure of Managed Backup Service SLAs

  • Availability SLA – If the Managed Backup 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 Managed Backup Service for the applicable calendar month in which the disruption occurred.
  • Restoration SLA – If, after the Customer has submitted a Backup Restoration Request, SCN fails to provide the data from a completed Backup Job, SCN will issue a credit to the Customer’s account equal to 25% of the Recurring Charges attributable to the Managed Backup Service in the calendar month in which the request was made.

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 Managed Backup Service for such month. Except as set forth in this Supplement, SCN makes no claims regarding the availability or performance of the Managed Backup 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 the configurations of the source environment without notifying SCN.  Restoration SLA shall not apply to data that has not been backed up by Service, data that has been corrupted on original Server prior to backup by the Service, open files that cannot be successfully backed up, or data that was backed up as part of a failed Backup Job.  Please note that this Supplement does not cover the Veeam Cloud Connect Service.
  • 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; or exceeding the rated or licensed traffic capacity of the Managed Backup 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 Managed Backup 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 Managed Backup Service.

  • Configuration Change Request– a Customer-initiated request for SCN to modify the configuration of the Managed Backup 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 Managed Backup Service that is deemed critical to preserve the integrity of the Managed Backup Service.
  • Rules” – a set of security policies which are implemented to provide the Managed Backup Service.
  • Systems” – the on-line systems provided by SCN to utilize the Managed Backup Service, including network appliances, monitoring and reporting equipment, storage systems, and network switches, as applicable.