Platform Availability Guarantee - EN

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1 Availability Guarantee - EN This Availability Guarantee (the Guarantee ) is part of the Agreement and is subject to all of the clauses in that Agreement. 1. Definitions: For the purposes of this Guarantee: Availability means that the has successfully responded to the Rackspace Monitoring Tool; means the applicable percentage as detailed at Annex B below; Guarantee Commencement Date means the date on which this Guarantee commences as detailed in paragraph 2.2 below; Month means a calendar month, and all Availability calculations shall be based upon the number of days in that month; means the devices identified at Annex B below. Any devices that are not listed in Annex B are excluded from this Guarantee; High Availability shall be interpreted in accordance with paragraph of Annex A; High Availability Test shall be interpreted in accordance with Annex C; Rackspace Monitoring Tool means Rackspace availability monitoring procedure as detailed in your Product Terms; Unavailability means that your has failed to respond to the Rackspace Monitoring Tool resulting in you being unable to send and receive information from your. Capitalised terms not defined in this Guarantee shall have the meaning ascribed to them elsewhere in the Agreement. 2. Availability Guarantee Service Level 2.1 Service Level Subject to paragraph 3, we guarantee that following the Guarantee Commencement Date, your will achieve the for each Month of the initial term or any renewal term. 2.2 Guarantee Commencement Date This Guarantee will commence on your receipt of a ticket from us notifying you that your has achieved the for two consecutive Months following the Service Commencement Date of the. 2.3 Remedy

2 Subject to paragraph 2.1, you are entitled to a credit of 5% of the monthly recurring fee for the affected for every hour (or part thereof) in respect of a failure to meet the Availability guarantee service levels, up to a maximum of 100% of the monthly recurring fee for the affected. 2.4 Modification to the Unless agreed otherwise by the parties in writing, additional devices purchased from Rackspace are deemed out of scope of this Guarantee. 3. Limitations and Exclusions 3.1 This Guarantee applies only if your conforms to our Design Minimum Requirements for design and configuration as specified in Annex A below. 3.2 This Guarantee shall not apply in the event that (i) you make changes to the Hosted System or otherwise cause or request any change that results in Unavailability; (ii) Unavailability occurs due to traffic spikes or application load (including but not limited to capacity management for which Customer is responsible) arising from external factors outside of our control; (iii) Unavailability occurs due to deficiencies, bugs or issues in your: application code, data structures, system software, operating system, or any vendor supplied patches. 3.3 An event which would be eligible for a credit under both the service level guarantees set out in the applicable Sections of your Product Terms and this Guarantee shall be eligible for a credit under the service level guarantee yielding the greater potential service level credit only. 3.4 This Guarantee shall not apply in the event that the fails over or otherwise behaves as designed but the remains Unavailable due to an application that you operate on your being the cause of the Unavailability. 3.5 This Guarantee does not guarantee the availability of the Application Programming Interface ( API ) or Rackspace control panel. 3.6 This Guarantee may be suspended if you fail to allow Rackspace to perform a High Availability Test or your fails the High Availability Test. 3.7 Where the is located in more than one Rackspace data centre and the failover mechanism between data centres is not managed by Rackspace, it is your responsibility to ensure the fails over from the primary to the secondary data centre ( Customer DC Failover ). This Guarantee shall not apply in the event that Unavailability is caused by a Customer DC Failover failure. 3.8 Where the is located in more than one Rackspace data centre and the secondary data centre does not meet the Design Minimum Requirements, this Guarantee will not apply until the is either (i) failed back to the primary data centre or (ii) the secondary data centre is upgraded to meet the Design Minimum Requirements. 3.9 Where a device is identified in Annex B as shared between s (for example you have one firewall deployed to multiple s) and that device fails resulting in Unavailability any credits due under this Guarantee will be payable in respect of all affected s provided that the shared device shall be excluded from the credit calculations for all affected s save for the with the highest.

3 Annex A 1. Design Minimum Requirements 1.1. The table below describes the minimum configuration requirements ( Configuration Requirements ) of each tier in relation to the dual data centre Availability guarantee ( Dual Data Guarantee Availability ) and the per data centre Availability guarantee ( Per Data Guarantee Availability ), collectively the Design Minimum Requirements : Tier Tier 1 Dual DC Tier 2 Dual DC Dual Data Guarantee % 99.99% Per Data Guarantee Dual Data Design Configuration Requirements DC % The is located in two or more Rackspace data centres. The in each location includes fully redundant devices with no single points of failure throughout. The Per Data Guarantee is calculated in DC % respect of each Rackspace data centre where the is located and in the event that the is unavailable in both data centres the Dual Data Center Guarantee will apply. DC % The is located in two or more Rackspace data Secondary centres. The primary includes fully redundant Data devices with no single points of failure throughout, the Option 1 secondary includes non-redundant network devices (firewalls, load balancers and switches). All other devices are fully redundant with no single points of failure throughout. The Per Data Guarantee is calculated in DC2 99.5% respect of each Rackspace data centre where the is located and in the event that the is unavailable in both data centres the Dual Data Center Guarantee will apply. Secondary Data Option 2 DC2 n/a The secondary can have single points of failure throughout. Single Data Design Tier Dual Data Per Data Configuration Requirements

4 Tier 1 Single DC Tier 2 Single DC n/a DC % n/a DC1 99.5% Single Data Design The is located in one Rackspace data centre. The includes fully redundant devices with no single points of failure throughout. The Guarantee is calculated in respect of each Rackspace data centre where the is located. The is located in one Rackspace data centre. The includes non-redundant network devices (firewalls, load balancers and switches). All other devices are fully redundant with no single points of failure throughout. The Guarantee is calculated in respect of each Rackspace data centre where the is located In order to be eligible for the Guarantee your must also conform to the following: Your must have a hardware firewall appliance as part of its configuration; All devices must be implemented in a supported fashion. Any devices that are implemented in an unsupported fashion (as contemplated by Section 10 of the Product Terms) are not eligible for the Guarantee; Where the Rackspace Configuration Requirements stipulate that devices must be implemented with no single points of failure, this means that: All devices have at least one independent backup device which is either active/passive or active/active in normal operation of the ; Devices configured to participate in a cluster or otherwise fail over to one-another should be deployed with an identical specification; and If any device has sub-components that may be configured or implemented in a redundant fashion (such as NIC s, PSU s etc.) then each applicable device must implement such subcomponents in such redundant fashion; All High Availability devices must have the Rackspace Monitoring Tool configured and active on both the active and passive devices in the configuration; and The must pass the High Availability Test: (i) on each anniversary of the Guarantee Commencement Date; and (ii) following any material changes to the, such as the introduction of new networking or server infrastructure. Annex B

5 The is a collection of related devices that may be grouped logically together to provide a common service forming all or part of your Hosted System. The Design Minimum Requirements will determine the applicable to each. The table below shall be used to define the name, its tier and associated and the individual devices that make up the. Name PAG Tier Devices Annex C The High Availability Test 1. Introduction The High Availability Test comprises a series of checks whereby Rackspace will simulate a failure in the physical power or network feeds, as well as clustered devices. The checks will be performed against the (s) defined in Annex B. Performance of a High Availability Test allows Rackspace to test that each device fails over in the event of disruption to a single feed or device. 2. Passing the High Availability Test The High Availability Test is passed if each device fails over and is able to successfully send and receive information after each test. 3. Parameters for performance of the High Availability Test The High Availability Test must be conducted in each Rackspace data centre where the is located. The parties shall work in good faith to agree a mutually acceptable time and date for the testing (including any re-testing) to be performed. Within five (5) Business Days of test completion, Rackspace shall issue a written report incorporating copies of the results of the testing. Rackspace will contact you to agree a date to re-test the following a failure of the High Availability Test.

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