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SLA Supplement - Managed Load Balancer

SLA Supplement: Managed Load Balancer

Standard Managed Load Balancer Service

Via SCN’s “Standard Managed Load Balancer Service,” SCN uses commercially reasonable efforts to provide Customer with an SCN-operated physical (hardware) or virtual (software) “Load Balancer” which distributes workloads across multiple computing resources, network links, central processing units or disk drives to optimize resource use, maximize throughput, minimize response time, and avoid the overload of any single resource. Each Managed Load Balancer is deployed in a Datacenter Facility and may include any Services agreed upon by SCN and Customer to fulfill Customer’s requests.

SCN offers many configuration options for the Managed Load Balancer, tailored to Customer’s needs. SCN staff, in accordance with both the Customer’s Order and any applicable sales engineering documentation generated with Customer input, will perform physical installation and configuration of the Managed Load Balancer Service.

The standard Managed Load Balancer Service shall be powered by a single power supply, connected to one of Customer’s power circuits in Customer’s Colocation Space (as described in SCN’s Colocation Space Supplement). SCN shall install the Load Balancer(s) and configure the Systems with an initial set of Rules. The Rules used in the initial configuration shall be established in accordance with Customer’s desired connectivity and security policies.

High-Availability Managed Load Balancer Service

Via SCN’s “High-Availability Managed Load Balancer Service,” SCN provides two (2) or more physical (hardware) Load Balancers or virtual (software) Load Balancers. Each Load Balancer shall be powered by an independent power supply, connected to diverse power circuits in Customer’s Colocation Space. Managed Load Balancers, SCN-provided uplinks to the public Internet, and any downstream switching devices (as applicable) must all be appropriately configured and managed by SCN to facilitate reliability of the High-Availability Managed Load Balancer Service.

Fees

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

SLAs

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

  • Availability SLA - Standard Managed Load Balancer Service – For SCN’s standard Managed Load Balancer Service, where service is provided by only one Load Balancer, or multiple Load Balancers which are not in a high availability configuration, SCN provides the following SLA: 99.988% operation without the disruption of production traffic. If production traffic is disrupted due to hardware or software events specifically isolated to System configuration or performance, with the disruption lasting for more than five (5) minutes, Customer shall be eligible for a Credit as set forth below.
  • Availability SLA - High-Availability Managed Load Balancer Service - For SCN’s High-Availability Managed Load Balancer Service, SCN provides the following SLA: 100% operation without the disruption of production traffic. If the High-Availability Managed Load Balancer Service in a High-Availability configuration disrupts production traffic, Customer shall be eligible for a Credit as set forth below.
  • Hardware Replacement (Chicago Market) SLA SCN will use commercially reasonable efforts to provide 100% availability of each individual Load Balancer. The Load Balancer shall be deemed “available” if the hardware is in good working order and (if applicable) the hardware is available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool). In the event of a failure, the faulty hardware will be replaced at no charge to Customer within one (1) hour of SCN identifying the problem therewith. This SLA does not include the time required to perform additional software related maintenance, including rebuilding from backups.
  • Hardware Replacement (Worldwide, excluding Chicago Market) SLA – SCN will use commercially reasonable efforts to provide 100% availability of each individual Load Balancer. A Load Balancer shall be deemed “available” if the hardware is in good working order and (if applicable) the hardware is available and responding to SCN monitoring tools as designed and in a non-degraded manner (as evidenced by the SCN monitoring tool). In the event of a failure, the faulty hardware will be replaced at no charge to Customer within two (2) business days of SCN identifying the problem therewith. To mitigate the risk of an outage due to the failure of a single device, SCN recommends that Customer implement only High-Availability solutions in these markets.
  • Configuration Management SLA – SCN shall periodically backup the configuration of the Load Balancer(s) by establishing a network connection from SCN’s Systems to the Load Balancer(s). SCN’s storage infrastructure will maintain a rolling log of all changes to the configuration of the Systems between backup intervals. This log shall have a retention period of no less than ninety (90) days.
  • Configuration Change Request SLA – Customer is required to submit each Configuration Change Request via SCN’s Support Ticketing System or telephone request. SCN has established a sixty (60) minute target response time for all Configuration Change Requests submitted via SCN’s Support Ticketing System or telephone request.
  • Ongoing Maintenance SLA – SCN will maintain current operating system software on Managed Load Balancer devices. Any maintenance that SCN reasonably believes will result in 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 Load Balancer vendor to ensure proper ongoing operation of the Load Balancer(s) shall be exempt from this Section. For updates of this nature, SCN will use commercially reasonable efforts to coordinate the installation of the update with Customer.

Remedies for Failure of Managed Load Balancer Service Levels

  • Availability SLA - Standard Managed Load Balancer Service – if the Managed Load Balancer disrupts production traffic due to hardware or software events specifically isolated to System configuration or performance for more than five (5) minutes, SCN shall credit Customer’s account with 25% of the Recurring Charges attributable to the Managed Load Balancer Service for the applicable calendar month in which the disruption occurred.
  • Availability SLA - High-Availability Managed Load Balancer Service - If the Managed Load Balancer service in a High-Availability configuration disrupts production traffic, SCN shall credit Customer’s account with 50% of the Recurring Charges attributable to the Managed Load Balancer Service for the applicable calendar month in which the disruption occurred.
  • Hardware Replacement (Chicago Market) SLA – If Customer experiences a failure in the Hardware Replacement (Chicago Market) SLA, SCN will issue Customer a Credit equal to 3.33% of Customer’s Managed Load Balancer Service charges for each full hour of such failure, for each affected Managed Load Balancer, provided that such Credits will not exceed the aggregate Credits for the affected Managed Load Balancer Service otherwise due from Customer for the calendar month in which the failure occurred.
  • Hardware Replacement (Worldwide, excluding Chicago Market) SLA – If Customer experiences a failure in the Server Hardware Uptime (Worldwide, Excluding Chicago Market) SLA, SCN will issue Customer a Credit equal to 20% of Customer’s Managed Load Balancer Service Fees for each full day of such failure, for each affected piece of hardware, provided that such Credits for the affected Managed Load Balancer Service will not exceed the aggregate charges for the Managed Load Balancer Service otherwise due from Customer for the calendar month in which the failure occurred.
  • Configuration Management SLA – If SCN fails to provide a current or previous version of the configurations within ninety (90) days of the Customer request, SCN will credit Customer’s account with an amount equal to fifty percent (50%) of the Recurring Charges attributable to the Managed Load Balancer Service in the calendar month in which the request was made.
  • Configuration Change Request SLA - If a Configuration Change Request is not acknowledged and acted upon within ninety (90) minutes, SCN will credit Customer’s account with 25% of the Recurring Charges attributable to the Managed Load Balancer Service for the applicable calendar month in which the Configuration Change Request was made.
  • Ongoing Maintenance SLA – If SCN fails to provide a minimum of forty-eight (48) hours’ advance notice of a service-impacting maintenance to the Managed Load Balancer Service (excluding emergency maintenance), SCN will credit Customer’s account with 25% of the Recurring Charges attributable to the Managed Load Balancer 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 Managed Load Balancer Service for such month. Except as set forth in this Supplement, SCN makes no claims regarding the availability or performance of any standard or High-Availability Managed Load Balancer Service.
  • Exceptions – In addition to the exclusions set forth in the main body of the Master Products and Services Agreement, Customer shall not receive any Credits under this Supplement in connection with any failure or deficiency caused by or associated with the following:
    • If the High-Availability Managed Load Balancer Service is installed in a location where diverse power circuits are not available, or where Customer has not properly configured its equipment for the use of diverse power circuits.
    • If Customer provides incorrect information during the initial configuration or Configuration Change Request.
    • SCN may conduct Emergency Maintenance without advance notice. Should a Managed Load Balancer Service-impacting Emergency Maintenance be required, SCN will use commercially reasonable efforts to notify Customer upon execution of the maintenance.
    • The Availability SLAs exclude service disruptions due to the following Customer traffic events: Denial of Service Attack, physical saturation of Customer’s connections to the public network, or exceeding the rated or licensed traffic capacity of any Managed Load Balancer.

Required Insurance

In accordance with Section 3.7 of the main body of the Master Products and Services Agreement entered into by SCN and Customer (the “MPSA”), Customer must have the following Required Insurance in respect of the Managed Load Balancer 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 Load Balancer Service.

  • Configuration Change Request– a Customer-initiated request for SCN to modify the configuration of the Managed Load Balancer 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 a Load Balancer that is deemed critical to preserve the integrity of the Managed Load Balancer Service.
  • High Availability – a configuration designed to provide Customer with the highest SLAs made available by SCN.
  • Rules” – a set of security policies which are implemented to provide the Managed Load Balancer Service.
  • Systems” – the on-line systems provided by SCN to utilize the Managed Load Balancer Service, including firewall appliances, monitoring and reporting equipment, and network switches.