marmolpen3/slas-obligations-rights-sentences

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Capitalized terms not otherwise defined in this SLA shall have the meanings set forth in the Agreement. Except to the extent otherwise specifically provided herein or in the Agreement, this SLA becomes effective in the first calendar month after the NTTA Remote Data Replication Service has been fully released to the Customer.	2	NEITHER
For the purposes of this SLA, any applicable credits would be based on the monthly fee paid by Customer for the storage which is deployed solely for the purposes of replication at both the primary and secondary sites as well as any stand-by servers utilized solely for the purposes of enabling failover as part of the NTTA Remote Data Replication solution.	2	NEITHER
Subject to Sections 2, 3 and 4 hereof, for each day in each calendar month during the Term in which NTTA fails to provide Snapshot access to the replicated data in accordance with clause B(i) above.	2	NEITHER
Failure of Customer to maintain NTTA SAN specific settings. For Colocation Customers, failure to maintain current required Version of the software in support of the Service and failure of software due to conflict with other non-compatible software.	2	NEITHER
DNS issues outside the direct control of NTTA. Any other acts or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of the NTTA Network or NTTA services in breach of NTTAs Terms and Conditions and Acceptable Use Policy.	2	NEITHER
The NTTA Remote Data Replication Service is not intended to be a comprehensive disaster recovery solution.	2	NEITHER
This NTT America (NTTA) Smart Content DeliveryTM Service Level Agreement (SLA) provides Customers with certain rights and remedies regarding NTTA’s Smart Content Delivery (“SCD”) performance.	2	NEITHER
This NTTA SCD SLA applies only to SCD Customers and applies only to the SCD portion of the Services that Customer receives from NTTA.	2	NEITHER
Availability is based on caching service being available from the zones for which the customer has contracted.	2	NEITHER
Customers acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the NTTA services in breach of NTTAs Terms and Conditions of Service or NTTAs Acceptable Use Policy.	2	NEITHER
If a zone’s test result does not meet the guaranteed standards by the measurement methodology stipulated in the course of a day	2	NEITHER
This is the base charge and minimum commitment data transfer charge and option services charge.	2	NEITHER
The subject services are the following: i. Basic Cache monthly charge ii. Committed data transfer charge iii. Additional Global DNS service monthly charge	2	NEITHER
The credit is added up accordingly, but credit given cannot exceed the total monthly charge.	2	NEITHER
As used herein, “Availability” means the ability of Customer to access, based on the line of demarcation defined as the customer’s Host Bus Adapter (HBA), each allocated LUN containing the Customer’s data and information stored on the NTTA SAN infrastructure.	2	NEITHER
Any Service Outage less than five (5) consecutive minutes will not be counted toward the aggregate total downtime for any given month.	2	NEITHER
Customers shall not receive any credits under this SLA in connection with any failure of NTT Americas operations group to resolve a problem caused by or associated with Circumstances beyond NTT Americas reasonable control, including, without limitation: acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labor disturbance, interruption of or delay in transportation.	2	NEITHER
The credit amount will be equal to one days worth of the total Monthly Recurring Charge (MRC) for those components that make up the SAN solution paid by Customer during a calendar month, based on a thirty (30) day month.	2	NEITHER
Availability of 99.9% for Virtualization Services equates to an aggregated 43.2 minutes of downtime within a calendar month.	2	NEITHER
A Service Outage is defined as a “disruption in Service” that lasts five (5) consecutive minutes or more where the Customer notifies NTTA of the outage or if NTTA receives an outage notification via its monitoring system.	2	NEITHER
Data Center Facilities availability refers to any disruption of Service related to power and/or cooling.	2	NEITHER
Network Infrastructure availability refers to any disruption of Service related to the shared network infrastructure, routing devices, switching devices, cabling and telecommunications equipment from the gateway of the Customer’s network, terminating at the Data Center core routers, i.e. one hop behind the first Point of Presence (POP).	2	NEITHER
VM Cluster availability refers to any disruption of Service related to a VMware cluster which by definition includes n+1 set of ESX servers configured in a cluster with the Enterprise VM licensing tier.	2	NEITHER
For example, if a single ESX server that is part of a VM Cluster fails yet the overall functionality of that VM Cluster is still available, it is not considered a Service Outage.	2	NEITHER
A disruption in Service would be considered to be the case if ICMP (PING) were not available for five (5) minutes or more for all of the ESX servers in the VM Cluster for reasons outside of the listed exceptions.	2	NEITHER
The solution is determined to be unavailable when the above monitoring methods begin logging failures.	2	NEITHER
The Service Outage time will be determined to have begun based on historical logging of the monitoring system.	2	NEITHER
Excluded from this credit are any additional services including storage, data backup, security, etc. This SLA applies only to US data centers.	2	NEITHER
This Alibaba Cloud International Website Elastic Compute Service (ECS) Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Elastic Compute Service (“Service”) and your use of the Service is subjected to the terms and conditions of the Alibaba Cloud International Website Product Terms of Service (“Product Terms”) between the relevant Alibaba Cloud entity described in the Product Terms (“Alibaba Cloud”, “us”, or “we”) and you.	2	NEITHER
“Instance Service Cycle in Minutes” means the total number of minutes in one calendar month for each instance, calculated by reference to the following formula: Instance Service Cycle in Minutes = total number of days in a calendar month × 24 (hours) × 60 (minutes).	2	NEITHER
Multi-zone Service Downtime in Minutes of an instance means the total number of minutes for all ECS instances experience Multi-zone Service Unavailability in all Other Zones.	2	NEITHER
Monthly Uptime Percentage for each instance means a percentage of Service availability calculated by reference to the following formula: (a) For Instance Unavailable.	2	NEITHER
(c) events that result from any actions or inactions on your part in connection with your use of the Service, including your negligence or authorize operations.	2	NEITHER
Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure.	2	NEITHER
The Service Credit shall not be used or applied to set-off the fees for the other Alibaba Cloud services, unless otherwise stated to you in writing by us from time to time.	2	NEITHER
In the event of any inconsistency between yours and our system records relating to your claim, unless the discrepancy is caused by any material error or malfunction of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.	2	NEITHER
Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.	2	NEITHER
For Customer’s claims related to Service deficiencies, interruptions, or failures, Customer’s exclusive remedies are limited to those remedies set forth in this SLA. Capitalized terms not defined in this SLA are defined in the Agreement.	2	NEITHER
Four hours in the event of a Service interruption due to an electronic component failure 3.2 Eight hours if the trouble is caused by a cable/fiber failure.	2	NEITHER
CenturyLink will determine in its sole discretion what records and data will be the basis for all SLA calculations and determinations.	2	NEITHER
In the event of a conflict between the terms of this SLA and the RSS or Agreement, the terms of this SLA will control, unless the conflict in the Agreement is specifically called out by the parties in the Agreement as intentionally differing from this SLA.	2	NEITHER
Interruptions resulting from a failure of a carrier other than Century Link providing local access or an off-net Service, or special configurations of the standard Service that have been mutually agreed to by Century Link and Customer, provided, however, Century Link may provide a separate service level agreement to Customer for those special configurations.	2	NEITHER
Digital Ocean provides Service Level Agreements (SLAs) for several of its products, including Droplets, Volumes Block Storage, and Kubernetes Control Plane. SLAs display our commitment to deliver a high level of availability for customers. This article defines our agreements for each product for which we have an SLA.	2	NEITHER
These SLAs are the policies governing the use of the DigitalOcean services and they apply separately to each account using the services.	2	NEITHER
See the Credit Request and Payment Procedures section for information about how to request service credits for SLA violations.	2	NEITHER
The SLA applies only to the control plane with HA enabled. It does not apply to the worker nodes (which are covered by the Droplets SLA and any of the following).	2	NEITHER
Issues caused by situations outside the control of Digital Ocean Kubernetes, such as large-scale internet outages, datacenter outages and natural disasters.	2	NEITHER
The DigitalOcean Marketplace also provides an SLA for vendor support responses.	2	NEITHER
For more information about how Digital Ocean takes steps to secure your data, see our Trust platform’s FAQ.	2	NEITHER
Service Credit: Credit in terms of $USD issued to the associated Digital Ocean account.	2	NEITHER
The following service levels are applied to some of the functions provided in FUJITSU Cloud Service for OSS.	2	NEITHER
If the service becomes unavailable due to any of the following incidents, those unavailable hours will not be counted for these service levels.	2	NEITHER
False SLA breaches reported as a result of outages or errors of any Joyent measurement system, customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of Joyent’s Terms and Conditions and Acceptable Use Policy.	2	NEITHER
Note: Credits are not refundable and can be used only towards future billing charges.	2	NEITHER
OVHcloud’s monitoring tools, data and records will be the sole source of information used to track and validate Availability.	2	NEITHER
Service Credits will be issued to the person or entity that OVHcloud invoices for the applicable instance of the OVHcloud Service, as a separate credit memo that can be applied towards a future invoice for that OVHcloud Service instance.	2	NEITHER
If Your Service Term for the OVHcloud Service expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.	2	NEITHER
In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the OVHcloud Services.	2	NEITHER
A. A class of OVHcloud Services will be considered "Unavailable" or in state of "Unavailability" when a class of OVHcloud Services has no external connectivity.	2	NEITHER
B. The following (each an "Unavailability Exclusion") will be excluded from any time-based calculations related to a class of OVHcloud Service being Unavailable	2	NEITHER
vii. Force majeure events or any other event that are not within OVHcloud’s direct control or that could not have been avoided with commercially reasonable care.	2	NEITHER
In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the OVHcloud Services.	2	NEITHER
A class of OVHcloud Services will be considered "Unavailable" or in state of "Unavailability" when a class of OVHcloud Services has no external connectivity.	2	NEITHER
The following (each an "Unavailability Exclusion") will be excluded from any time-based calculations related to a class of OVHcloud Service being Unavailable: i. scheduled, recurring or zero impact maintenance windows.	2	NEITHER
Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond OVHcloud’s border router supporting OVHcloud’s public internet connectivity.	2	NEITHER
Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround).	2	NEITHER
Force majeure events or any other event that are not within OVHcloud’s direct control or that could not have been avoided with commercially reasonable care.	2	NEITHER
OVHcloud will use its best efforts to communicate downtime events prior to scheduled, recurring, or zero impact maintenance windows as described above, however, this will not always be possible.	2	NEITHER
Without limiting the foregoing, service interruptions due to emergency maintenance will constitute Unavailability Exclusions equivalent to scheduled maintenance windows, provided that (1) OVHcloud notifies You of such emergency maintenance as soon as possible and (2) downtime due to emergency maintenance does not exceed four (4) hours in any month.	2	NEITHER
“Affected Components” means the Service(s) that have been affected by the failure to meet a Service Level Guarantee and include the initial Service that failed plus any Service(s) which become inaccessible or unable to perform their intended purpose under the Agreement as a result of the initial Service’s failure.	2	NEITHER
“API Error” means (i) a HTTP 5xx server error response to a Valid API Request or (ii) no response to a Valid API Request because the API is down. Network errors or downtime outside of the Rackspace Data Center Network do not constitute an API error.	2	NEITHER
"Cloud Database Instance" means your unique database instance and the availability of the storage volume provisioned for your instance, as well as the API you use to administer the Cloud Databases Service.	2	NEITHER
If you are paying for your Services in a currency other than US dollars, then any credit that is expressed above as a fixed number of US dollars will be converted to the currency in which you pay for your services as of the date of the invoice on which the credit is applied.	2	NEITHER
Control Plane Service Level Guarantee. This Control Plane Service Level Guarantee applies only to Cloud Server (Next Gen) and OnMetal Cloud Server Services.	2	NEITHER
Data Plane Service Level Guarantees. Save as expressly stated to the contrary below, these Data Plane Service Level Guarantees apply to Cloud Server (First Gen) Services, Cloud Server (Next Gen), and OnMetal Cloud Server Services.	2	NEITHER
If a Cloud Server migration is required because of Host Server degradation, we will notify you at least twenty four (24) hours in advance of beginning the migration, unless we determine in our reasonable judgment that we must begin the migration sooner.	2	NEITHER
The Services shall be deemed unavailable if they fail to respond to the Rackspace Monitoring Services and are unable to send and receive information for the purpose in which they have been provisioned.	2	NEITHER
For the purposes of this clause, "Australia Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth), "Non-excludable Rights" means a condition, warranty, right or guarantee implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from the Agreement would cause part or all of the Agreement to be void.	2	NEITHER
Where Non-Excludable rights apply under Australia Consumer Law, Rackspace’s goods come with guarantees that cannot be excluded by Australia Consumer Law.	2	NEITHER
In order to use the Tencent Cloud Cloud Connect Network (“CCN”) service (the “Service”), you should read and observe this Tencent Cloud Cloud Connect Network Service Level Agreement (this “Agreement”, or this “SLA”) and the Tencent Cloud Service Agreement.	2	NEITHER
This Agreement contains, among others, the terms and definitions of the Service, Service availability and Service uptime metrics, compensation plan and release of liabilities.	2	NEITHER
Please carefully read and fully understand each and every provision hereof, and the provisions restricting or releasing certain liabilities, or otherwise related to your material rights and interests, may be in bold font or underlined or otherwise brought to your special attention.	2	NEITHER
Please do not purchase the Service unless and until you have fully read, and completely understood and accepted all the terms hereof.	2	NEITHER
By clicking “Agree”/ “Next”, or by purchasing or using the Service, or by otherwise accepting this Agreement, whether express or implied, you are deemed to have read, and agreed to be bound by this Agreement.	2	NEITHER
The Cloud Connect Network (CCN) Service refers to multi-point interconnection services provided by Tencent Cloud connecting cloud VPC, VPC and local data centers.	2	NEITHER
You may access the entire network resources through a single point connect by adding VPC and direct gateway instance to CCN, thus easily establishing a simple, intelligent, secure and flexible hybrid cloud and worldwide Internet	2	NEITHER
For details, please refer to the Service you purchase and the Service provided by Tencent Cloud.	2	NEITHER
If, due to any reason attributable to Tencent Cloud, all your attempts to establish communication between two regions or in a single region through designated CCN within one (1) minute fail (i.e., within one (1) minute and between such two regions or in such single region, the packet loss rate of the communications through the CCN of all instances associated with the CCN is 100%, the details of which is subject to the monitoring data of Tencent Cloud),	2	NEITHER
Service Downtime within a Service Month between two regions or in a single region refers to the accumulated duration of Service Unavailability calculated in minutes between such two regions or in such single region within such month.	2	NEITHER
Service Month(s) refer to the calendar month(s) in which you use the Service after you subscribe to the Service.	2	NEITHER
The Service Availability is calculated on an instance basis between designated regions or in a single region as follows: Service Availability = [ (total time calculated in minutes within a Service period - Service Downtime calculated in minutes / total time of a Service period calculated in minutes] × 100%.	2	NEITHER
The Monthly Service Fee in the above table refers to the relevant Monthly Service Fee charged for the relevant CCN instance between two regions or in a single region, and shall exclude any fee charged in the following circumstances.	2	NEITHER
Any Monthly Service Fee charged for such CCN instance between other regions or in another region where the Service Availability Standard is met. For example, if a CCN instance fails to meet the Service Availability Standard between Shanghai and Beijing in May, but meets the Service Availability Standard between Shanghai and Guangzhou, the amount of voucher to be compensated shall be the fees charged.	2	NEITHER
If there is any dispute over the calculation of the Service Availability for a Service Month, both parties agree that the back-end record of Tencent Cloud will prevail.	2	NEITHER
If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against	2	NEITHER
If the Service is unavailable due to any of the following reasons, the corresponding Service Downtime shall not be counted towards Service Unavailability, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you.	2	NEITHER
4.1 any system maintenance with prior notice by Tencent Cloud to a client, including system cutover, maintenance, upgrade and failure simulation test.	2	NEITHER
You may review the most updated version of relevant Agreement terms on the official website of Tencent Cloud.	2	NEITHER
As an ancillary agreement to the Tencent Cloud Service Agreement, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement.	2	NEITHER
Each months Network performance statistics relating to the Network Jitter SLAs for North America will be posted to the following location: http://www.verizonbusiness.com/about/network/latency/.	2	NEITHER

Capitalized terms not otherwise defined in this SLA shall have the meanings set forth in the Agreement. Except to the extent otherwise specifically provided herein or in the Agreement, this SLA becomes effective in the first calendar month after the NTTA Remote Data Replication Service has been fully released to the Customer.

2

NEITHER

For the purposes of this SLA, any applicable credits would be based on the monthly fee paid by Customer for the storage which is deployed solely for the purposes of replication at both the primary and secondary sites as well as any stand-by servers utilized solely for the purposes of enabling failover as part of the NTTA Remote Data Replication solution.

2

NEITHER

Subject to Sections 2, 3 and 4 hereof, for each day in each calendar month during the Term in which NTTA fails to provide Snapshot access to the replicated data in accordance with clause B(i) above.

2

NEITHER

Failure of Customer to maintain NTTA SAN specific settings. For Colocation Customers, failure to maintain current required Version of the software in support of the Service and failure of software due to conflict with other non-compatible software.

2

NEITHER

DNS issues outside the direct control of NTTA. Any other acts or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of the NTTA Network or NTTA services in breach of NTTAs Terms and Conditions and Acceptable Use Policy.

2

NEITHER

The NTTA Remote Data Replication Service is not intended to be a comprehensive disaster recovery solution.

2

NEITHER

This NTT America (NTTA) Smart Content DeliveryTM Service Level Agreement (SLA) provides Customers with certain rights and remedies regarding NTTA’s Smart Content Delivery (“SCD”) performance.

2

NEITHER

This NTTA SCD SLA applies only to SCD Customers and applies only to the SCD portion of the Services that Customer receives from NTTA.

2

NEITHER

Availability is based on caching service being available from the zones for which the customer has contracted.

2

NEITHER

Customers acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the NTTA services in breach of NTTAs Terms and Conditions of Service or NTTAs Acceptable Use Policy.

2

NEITHER

If a zone’s test result does not meet the guaranteed standards by the measurement methodology stipulated in the course of a day

2

NEITHER

This is the base charge and minimum commitment data transfer charge and option services charge.

2

NEITHER

The subject services are the following: i. Basic Cache monthly charge ii. Committed data transfer charge iii. Additional Global DNS service monthly charge

2

NEITHER

The credit is added up accordingly, but credit given cannot exceed the total monthly charge.

2

NEITHER

As used herein, “Availability” means the ability of Customer to access, based on the line of demarcation defined as the customer’s Host Bus Adapter (HBA), each allocated LUN containing the Customer’s data and information stored on the NTTA SAN infrastructure.

2

NEITHER

Any Service Outage less than five (5) consecutive minutes will not be counted toward the aggregate total downtime for any given month.

2

NEITHER

Customers shall not receive any credits under this SLA in connection with any failure of NTT Americas operations group to resolve a problem caused by or associated with Circumstances beyond NTT Americas reasonable control, including, without limitation: acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labor disturbance, interruption of or delay in transportation.

2

NEITHER

The credit amount will be equal to one days worth of the total Monthly Recurring Charge (MRC) for those components that make up the SAN solution paid by Customer during a calendar month, based on a thirty (30) day month.

2

NEITHER

Availability of 99.9% for Virtualization Services equates to an aggregated 43.2 minutes of downtime within a calendar month.

2

NEITHER

A Service Outage is defined as a “disruption in Service” that lasts five (5) consecutive minutes or more where the Customer notifies NTTA of the outage or if NTTA receives an outage notification via its monitoring system.

2

NEITHER

Data Center Facilities availability refers to any disruption of Service related to power and/or cooling.

2

NEITHER

Network Infrastructure availability refers to any disruption of Service related to the shared network infrastructure, routing devices, switching devices, cabling and telecommunications equipment from the gateway of the Customer’s network, terminating at the Data Center core routers, i.e. one hop behind the first Point of Presence (POP).

2

NEITHER

VM Cluster availability refers to any disruption of Service related to a VMware cluster which by definition includes n+1 set of ESX servers configured in a cluster with the Enterprise VM licensing tier.

2

NEITHER

For example, if a single ESX server that is part of a VM Cluster fails yet the overall functionality of that VM Cluster is still available, it is not considered a Service Outage.

2

NEITHER

A disruption in Service would be considered to be the case if ICMP (PING) were not available for five (5) minutes or more for all of the ESX servers in the VM Cluster for reasons outside of the listed exceptions.

2

NEITHER

The solution is determined to be unavailable when the above monitoring methods begin logging failures.

2

NEITHER

The Service Outage time will be determined to have begun based on historical logging of the monitoring system.

2

NEITHER

Excluded from this credit are any additional services including storage, data backup, security, etc. This SLA applies only to US data centers.

2

NEITHER

This Alibaba Cloud International Website Elastic Compute Service (ECS) Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website Elastic Compute Service (“Service”) and your use of the Service is subjected to the terms and conditions of the Alibaba Cloud International Website Product Terms of Service (“Product Terms”) between the relevant Alibaba Cloud entity described in the Product Terms (“Alibaba Cloud”, “us”, or “we”) and you.

2

NEITHER

“Instance Service Cycle in Minutes” means the total number of minutes in one calendar month for each instance, calculated by reference to the following formula: Instance Service Cycle in Minutes = total number of days in a calendar month × 24 (hours) × 60 (minutes).

2

NEITHER

Multi-zone Service Downtime in Minutes of an instance means the total number of minutes for all ECS instances experience Multi-zone Service Unavailability in all Other Zones.

2

NEITHER

Monthly Uptime Percentage for each instance means a percentage of Service availability calculated by reference to the following formula: (a) For Instance Unavailable.

2

NEITHER

(c) events that result from any actions or inactions on your part in connection with your use of the Service, including your negligence or authorize operations.

2

NEITHER

Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure.

2

NEITHER

The Service Credit shall not be used or applied to set-off the fees for the other Alibaba Cloud services, unless otherwise stated to you in writing by us from time to time.

2

NEITHER

In the event of any inconsistency between yours and our system records relating to your claim, unless the discrepancy is caused by any material error or malfunction of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.

2

NEITHER

Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.

2

NEITHER

For Customer’s claims related to Service deficiencies, interruptions, or failures, Customer’s exclusive remedies are limited to those remedies set forth in this SLA. Capitalized terms not defined in this SLA are defined in the Agreement.

2

NEITHER

Four hours in the event of a Service interruption due to an electronic component failure 3.2 Eight hours if the trouble is caused by a cable/fiber failure.

2

NEITHER

CenturyLink will determine in its sole discretion what records and data will be the basis for all SLA calculations and determinations.

2

NEITHER

In the event of a conflict between the terms of this SLA and the RSS or Agreement, the terms of this SLA will control, unless the conflict in the Agreement is specifically called out by the parties in the Agreement as intentionally differing from this SLA.

2

NEITHER

Interruptions resulting from a failure of a carrier other than Century Link providing local access or an off-net Service, or special configurations of the standard Service that have been mutually agreed to by Century Link and Customer, provided, however, Century Link may provide a separate service level agreement to Customer for those special configurations.

2

NEITHER

Digital Ocean provides Service Level Agreements (SLAs) for several of its products, including Droplets, Volumes Block Storage, and Kubernetes Control Plane. SLAs display our commitment to deliver a high level of availability for customers. This article defines our agreements for each product for which we have an SLA.

2

NEITHER

These SLAs are the policies governing the use of the DigitalOcean services and they apply separately to each account using the services.

2

NEITHER

See the Credit Request and Payment Procedures section for information about how to request service credits for SLA violations.

2

NEITHER

The SLA applies only to the control plane with HA enabled. It does not apply to the worker nodes (which are covered by the Droplets SLA and any of the following).

2

NEITHER

Issues caused by situations outside the control of Digital Ocean Kubernetes, such as large-scale internet outages, datacenter outages and natural disasters.

2

NEITHER

The DigitalOcean Marketplace also provides an SLA for vendor support responses.

2

NEITHER

For more information about how Digital Ocean takes steps to secure your data, see our Trust platform’s FAQ.

2

NEITHER

Service Credit: Credit in terms of $USD issued to the associated Digital Ocean account.

2

NEITHER

The following service levels are applied to some of the functions provided in FUJITSU Cloud Service for OSS.

2

NEITHER

If the service becomes unavailable due to any of the following incidents, those unavailable hours will not be counted for these service levels.

2

NEITHER

False SLA breaches reported as a result of outages or errors of any Joyent measurement system, customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of Joyent’s Terms and Conditions and Acceptable Use Policy.

2

NEITHER

Note: Credits are not refundable and can be used only towards future billing charges.

2

NEITHER

OVHcloud’s monitoring tools, data and records will be the sole source of information used to track and validate Availability.

2

NEITHER

Service Credits will be issued to the person or entity that OVHcloud invoices for the applicable instance of the OVHcloud Service, as a separate credit memo that can be applied towards a future invoice for that OVHcloud Service instance.

2

NEITHER

If Your Service Term for the OVHcloud Service expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.

2

NEITHER

In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the OVHcloud Services.

2

NEITHER

A. A class of OVHcloud Services will be considered "Unavailable" or in state of "Unavailability" when a class of OVHcloud Services has no external connectivity.

2

NEITHER

B. The following (each an "Unavailability Exclusion") will be excluded from any time-based calculations related to a class of OVHcloud Service being Unavailable

2

NEITHER

vii. Force majeure events or any other event that are not within OVHcloud’s direct control or that could not have been avoided with commercially reasonable care.

2

NEITHER

In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the OVHcloud Services.

2

NEITHER

A class of OVHcloud Services will be considered "Unavailable" or in state of "Unavailability" when a class of OVHcloud Services has no external connectivity.

2

NEITHER

The following (each an "Unavailability Exclusion") will be excluded from any time-based calculations related to a class of OVHcloud Service being Unavailable: i. scheduled, recurring or zero impact maintenance windows.

2

NEITHER

Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond OVHcloud’s border router supporting OVHcloud’s public internet connectivity.

2

NEITHER

Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround).

2

NEITHER

Force majeure events or any other event that are not within OVHcloud’s direct control or that could not have been avoided with commercially reasonable care.

2

NEITHER

OVHcloud will use its best efforts to communicate downtime events prior to scheduled, recurring, or zero impact maintenance windows as described above, however, this will not always be possible.

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NEITHER

Without limiting the foregoing, service interruptions due to emergency maintenance will constitute Unavailability Exclusions equivalent to scheduled maintenance windows, provided that (1) OVHcloud notifies You of such emergency maintenance as soon as possible and (2) downtime due to emergency maintenance does not exceed four (4) hours in any month.

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NEITHER

“Affected Components” means the Service(s) that have been affected by the failure to meet a Service Level Guarantee and include the initial Service that failed plus any Service(s) which become inaccessible or unable to perform their intended purpose under the Agreement as a result of the initial Service’s failure.

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NEITHER

“API Error” means (i) a HTTP 5xx server error response to a Valid API Request or (ii) no response to a Valid API Request because the API is down. Network errors or downtime outside of the Rackspace Data Center Network do not constitute an API error.

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"Cloud Database Instance" means your unique database instance and the availability of the storage volume provisioned for your instance, as well as the API you use to administer the Cloud Databases Service.

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If you are paying for your Services in a currency other than US dollars, then any credit that is expressed above as a fixed number of US dollars will be converted to the currency in which you pay for your services as of the date of the invoice on which the credit is applied.

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Control Plane Service Level Guarantee. This Control Plane Service Level Guarantee applies only to Cloud Server (Next Gen) and OnMetal Cloud Server Services.

2

NEITHER

Data Plane Service Level Guarantees. Save as expressly stated to the contrary below, these Data Plane Service Level Guarantees apply to Cloud Server (First Gen) Services, Cloud Server (Next Gen), and OnMetal Cloud Server Services.

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NEITHER

If a Cloud Server migration is required because of Host Server degradation, we will notify you at least twenty four (24) hours in advance of beginning the migration, unless we determine in our reasonable judgment that we must begin the migration sooner.

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The Services shall be deemed unavailable if they fail to respond to the Rackspace Monitoring Services and are unable to send and receive information for the purpose in which they have been provisioned.

2

NEITHER

For the purposes of this clause, "Australia Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth), "Non-excludable Rights" means a condition, warranty, right or guarantee implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from the Agreement would cause part or all of the Agreement to be void.

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Where Non-Excludable rights apply under Australia Consumer Law, Rackspace’s goods come with guarantees that cannot be excluded by Australia Consumer Law.

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NEITHER

In order to use the Tencent Cloud Cloud Connect Network (“CCN”) service (the “Service”), you should read and observe this Tencent Cloud Cloud Connect Network Service Level Agreement (this “Agreement”, or this “SLA”) and the Tencent Cloud Service Agreement.

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This Agreement contains, among others, the terms and definitions of the Service, Service availability and Service uptime metrics, compensation plan and release of liabilities.

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Please carefully read and fully understand each and every provision hereof, and the provisions restricting or releasing certain liabilities, or otherwise related to your material rights and interests, may be in bold font or underlined or otherwise brought to your special attention.

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Please do not purchase the Service unless and until you have fully read, and completely understood and accepted all the terms hereof.

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By clicking “Agree”/ “Next”, or by purchasing or using the Service, or by otherwise accepting this Agreement, whether express or implied, you are deemed to have read, and agreed to be bound by this Agreement.

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The Cloud Connect Network (CCN) Service refers to multi-point interconnection services provided by Tencent Cloud connecting cloud VPC, VPC and local data centers.

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You may access the entire network resources through a single point connect by adding VPC and direct gateway instance to CCN, thus easily establishing a simple, intelligent, secure and flexible hybrid cloud and worldwide Internet

2

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For details, please refer to the Service you purchase and the Service provided by Tencent Cloud.

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NEITHER

If, due to any reason attributable to Tencent Cloud, all your attempts to establish communication between two regions or in a single region through designated CCN within one (1) minute fail (i.e., within one (1) minute and between such two regions or in such single region, the packet loss rate of the communications through the CCN of all instances associated with the CCN is 100%, the details of which is subject to the monitoring data of Tencent Cloud),

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Service Downtime within a Service Month between two regions or in a single region refers to the accumulated duration of Service Unavailability calculated in minutes between such two regions or in such single region within such month.

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Service Month(s) refer to the calendar month(s) in which you use the Service after you subscribe to the Service.

2

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The Service Availability is calculated on an instance basis between designated regions or in a single region as follows: Service Availability = [ (total time calculated in minutes within a Service period - Service Downtime calculated in minutes / total time of a Service period calculated in minutes] × 100%.

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The Monthly Service Fee in the above table refers to the relevant Monthly Service Fee charged for the relevant CCN instance between two regions or in a single region, and shall exclude any fee charged in the following circumstances.

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Any Monthly Service Fee charged for such CCN instance between other regions or in another region where the Service Availability Standard is met. For example, if a CCN instance fails to meet the Service Availability Standard between Shanghai and Beijing in May, but meets the Service Availability Standard between Shanghai and Guangzhou, the amount of voucher to be compensated shall be the fees charged.

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If there is any dispute over the calculation of the Service Availability for a Service Month, both parties agree that the back-end record of Tencent Cloud will prevail.

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If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against

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If the Service is unavailable due to any of the following reasons, the corresponding Service Downtime shall not be counted towards Service Unavailability, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you.

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4.1 any system maintenance with prior notice by Tencent Cloud to a client, including system cutover, maintenance, upgrade and failure simulation test.

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You may review the most updated version of relevant Agreement terms on the official website of Tencent Cloud.

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As an ancillary agreement to the Tencent Cloud Service Agreement, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement.

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Each months Network performance statistics relating to the Network Jitter SLAs for North America will be posted to the following location: http://www.verizonbusiness.com/about/network/latency/.

2

NEITHER