HUTCHISON GLOBAL COMMUNICATIONS LIMITED IBIZCLOUD SERVICE SERVICE LEVEL AGREEMENT (SLA)

Transcription

1 HUTCHISON GLOBAL COMMUNICATIONS LIMITED IBIZCLOUD SERVICE SERVICE LEVEL AGREEMENT (SLA) This SERVICE LEVEL AGREEMENT (SLA) is entered into between Hutchison Global Communications Limited (HGC) and (Customer) pursuant to and in connection with the order form (Ref: No. ) (Order). This SLA is attached to the Order. In the event of a conflict between the provisions of the Order and the provisions of this SLA, the Order shall prevail to the extent of such conflict. 1. Support HGC s International Network Operation Center (INOC) provides round-the-clock monitoring, fault reporting of HGC ibizcloud Service. It is available 24 hours a day, 7 days a week to help in resolving any connections issues relating to the HGC ibizcloud Service 2. Service Description 2.1 Infrastucture as a Service (IaaS) An on-demand service of using a virtual machine (VM) with customer selected package including specific number of virtual CPU cores, amount of RAM and amount of storage. 2.2 Bandwidth as a Service (BaaS) Internet data transferred out from the VM to HGC s Internet backbone measured by the system in number of Giga-bytes in a full calendar month. 2.3 Dedicated Bandwidth as a Service (DBaaS) An on-demand service of using HGC s Virtual Private LAN Service (VPLS) connectivity with customer selected bandwidth from VM(s) to the VPLS network at a location. 2.4 On Demand Virtual Leased Line (ODVLL) A virtual on-demand point-to-point and secure data transmission from customer premises to another over HGC s HGC ibizcloud service platform via the local Internet and HGC s VPLS network 2.5 Service Locations A Service Location shall mean a specific data center location that HGC running the HGC ibizcloud service including IaaS, BaaS, DBaaS and ODVLL. Currently, it covers implicitly Hong Kong and Los Angeles. 3. Service Commitment 3.1 IaaS Service Availability Service Unavailable is defined as a Customer s running VM has no external connectivity during a five minute period and the Customer is unable to launch any replacement VM in any other cloud zone within the same Service Location. 3.2 BaaS Service Availability greater than or equal to ninety-nine point nine percent (99.9%) per month. minutes that the IaaS service was Service Unavailable to the Customer in a calendar month, divided by 43,200 minutes Service Availability "Service Unavailable" is defined as a Customer s running VM is not able to transfer out any IP packets to the HGC s Internet backbone. Page 1

2 3.3 DBaaS Service Availability greater than or equal to ninety-nine point nine percent (99.9%) per month. minutes that the BaaS service was Service Unavailable to the Customer in a calendar month, divided by 43,200 minutes Service Availability "Service Unavailable" is defined as a Customer s running VM is not able to transfer out any IP packets to the HGC s VPLS backbone. Area Service Availability Service Locations Area % Hong Kong, Los Angeles minutes that the DBaaS service was Service Unavailable to the Customer in a calendar month, divided by 43,200 minutes Network Packet Delivery APCM greater than or equal to ninety-nine point eight percent (99.8%) per month. For each 10 minutes, the network packet delivery between network routers at two Service Locations shall be computed by HGC sending out 10 packets with 25ms spacing between each interval. Records will be excluded for those in the period of Service Unavailability that defined in Section or within exclusion events specified in Section Valid records will be collected as Packet-delivery Records to calculate average packet delivery percentage. The Average Packet delivery percentage in a Calendar Month (APCM) is calculated by measuring the probability of successful measurements as below: APCM = (Successful Packet-delivery Records) / (total number of Packet-delivery Records) Network Backbone Latency Service Locations Hong Kong Los Angeles Maximum ALCM 180ms For each 10 minutes, the network backbone latency between network routers at two Service Locations shall be measured by HGC averaging the time of round-trip transmissions samples of 10 packets with 25ms spacing between each interval. Records will be excluded for those in the period of Service Unavailability that defined in Section or within exclusion events specified in Section Valid records will be collected as Latency Records to calculate average network backbone latency. The Average Latency in a Calendar Month (ALCM) is calculated by taking an aggregate average of valid network latency figures as below: ALCM = (sum of all Latency Records) / (total number of Latency Records) Page 2

3 3.4 ODVLL Service Availability "Service Unavailable" is defined as a Customer s connected virtual leased line from the Customer local Internet access via the HGC ibizcloud service platform between two Service Locations not able to transfer out any IP packets to the HGC s VPLS backbone. For Avoidance of doubt, the connectivity of Internet access from customer premises to the HGC ibizcloud service platform is excluded. Area Service Availability Service Locations Area % Hong Kong, Los Angeles minutes that the ODVLL service was Service Unavailable to the Customer in a calendar month, divided by 43,200 minutes Network Packet Delivery APCM greater than or equal to ninety-nine point eight percent (99.8%) per month. For each 10 minutes, the network packet delivery between network routers at two Service Locations shall be computed by HGC sending out 10 packets with 25ms spacing between each interval. Records will be excluded for those in the period of Service Unavailability that defined in Section or within exclusion events specified in Section Valid records will be collected as Packet-delivery Records to calculate average packet delivery percentage. The Average Packet delivery percentage in a Calendar Month (APCM) is calculated by measuring the probability of successful measurements as below: APCM = (Successful Packet-delivery Records) / (total number of Packet-delivery Records) For Avoidance of doubt, the connectivity of Internet access from customer premises to the HGC ibizcloud service platform is excluded Network Backbone Latency Service Locations Hong Kong Los Angeles Maximum ALCM 180ms For each 10 minutes, the network backbone latency between network routers at two Service Locations shall be measured by HGC averaging the time of round-trip transmissions samples of 10 packets with 25ms spacing between each interval. Records will be excluded for those in the period of Service Unavailability that defined in Section or within exclusion events specified in Section Valid records will be collected as Latency Records to calculate average network backbone latency. The Average Latency in a Calendar Month (ALCM) is calculated by taking an aggregate average of valid network latency figures as below: ALCM = (sum of all Latency Records) / (total number of Latency Records) For Avoidance of doubt, the connectivity of Internet access from customer premises to the HGC ibizcloud service platform is excluded. Page 3

4 4. HGC ibizcloud Service SLA Exclusions 4.1 The SLA does not apply to any unavailability, suspension or termination of HGC ibizcloud Service, or any other HGC ibizcloud Service performance issues: a. that result from a suspension described below: i. the Customer s or an End User s use of or registration for the Service (i) poses a security risk to the Service or any third party, (ii) may adversely impact the Service or the systems or Content of any other HGC ibizcloud Service customers, (iii) may subject HGC, HGC s affiliates, or any third party to liability, or (iv) may be fraudulent; ii. the Customer is, or any End User is, in breach of the Terms & Conditions, including if iii. the Customer is delinquent on the payment obligations for more than 15 days; or the Customer has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. b. caused by factors outside of HGC reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of HGC ibizcloud Service; c. that result from any actions or inactions of the Customer or any third party; d. that result from the Customer s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within HGC direct control); e. that result from failures of individual VM not attributable to conditions stated in Section 3.1; f. arising from HGC suspension and termination of the Customer s right to use HGC ibizcloud Service in accordance with the Terms & Conditions; or g. that reported from the Customer and HGC concluded as negative after investigation (collectively, the HGC ibizcloud Service SLA Exclusions ) 4.2 If availability is impacted by factors other than those explicitly listed in this SLA, HGC may issue a Service Credit considering such factors in HGC sole discretion. 5. Service Credit Conditions 5.1 If there shall be a Service Outage, a High Packet Loss, or a Backbone Latency Delay (all as defined below) in any calendar month, the Customer shall have the right to request a Service Credit in accordance with the terms of this Section 5. Such Service Credit shall be reflected on the Customer s invoice for the following month of service. HGC may issue the Service Credit to the credit card that the Customer used, or by cheque, to pay for HGC ibizcloud Service for the billing cycle in which the error occurred. 5.2 Service Outage is defined as the occasion when HGC fails to meet the target objective of service availability in any calendar month set forth in Section 3.1.1, 3.2.1, and High Packet Loss is defined as the occasion when HGC fails to meet the target objective of packet delivery rate in any calendar month set forth in Section and Backbone Latency Delay is defined as the occasion when HGC fails to meet the target objectives of average latency in any calendar month set forth in Section and Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Service Availability measurements exclude downtime resulting directly or indirectly from any HGC ibizcloud Service SLA Exclusion defined in Section Service Credits shall not entitle the Customer to any refund or other payment from HGC. 5.7 Service Credits may not be transferred or applied to any other account. 5.8 Unless otherwise provided in the HGC Agreement, the Customer sole and exclusive remedy for any unavailability or non-performance of HGC ibizcloud Service or other failure by HGC to provide HGC ibizcloud Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Page 4

5 5.9 The Customer shall be entitled to set off the Service Credit granted during a particular month against the monthly service charge payable by it to HGC for the next following month provided that the Customer has duly paid in full all charges payable to HGC up to such time In the event of a Service Outage, High Packet Loss or a Backbone Latency Delay, the Customer should contact the HGC s INOC. The granting of Service Credit is contingent upon (i) the Customer having filed a trouble ticket with HGC and (ii) the Service Outage, High Packet Loss or Backbone Latency Delay is caused by resources under HGC s direct control or on portions of services provided by a third party that is contracted by HGC to provide service to the Customer or for problems for which HGC has notified the Customer in writing. If the Customer does not notify HGC within four (4) hours after the problem is detected, the start of the problem occurrence will be considered to begin when the trouble ticket is sent to HGC for the purpose of Service Credits The duration of the Service Outage, High Packet Loss and the Backbone Latency Delay will be determined at the sole discretion of HGC, based upon HGC s internal records and the INOC trouble ticket No Service Credit shall be granted if the Service Outage, High Packet Loss or Backbone Latency Delay arises from or is caused wholly or in part by the following: a. Maintenance: Any impact on service resulting from maintenance actions requested by or attributed to the Customer, or from scheduled or routine HGC maintenance or network enhancement operations. HGC will endeavour to notify the Customer on the administration web portal or by at least ten (10) days in advance of a scheduled maintenance period. HGC will endeavour to schedule maintenance at a time agreeable to the Customer. b. Third party local or international customer access circuits. c. Internet access from a third party to the HGC ibizcloud service platform. d. Failure or fault of applications, equipment or facilities located on Customer s premises, whether or not supplied by HGC, and failure or fault of the Customer s applications, equipment or facilities wherever located. e. Acts or omissions of the Customer or its agents, subcontractors or employees or any user of the service authorized by the Customer, or any use of the service authorized by the Customer. f. Force Majeure or other reasons beyond HGC s reasonable control. g. Failure of the Customer to give HGC reasonable support for the purpose of investigating or rectifying any fault. h. Major cable fault caused by negligence or default of third parties If there are multiple Service Outages, High Packet Losses or Backbone Latency Delays resulting from a single incident or during one specific time frame, these multiple Service Outages, High Packet Losses or Backbone Latency Delays shall not be aggregated for the purpose of calculating the Service Credit. Instead, only the single failure resulting from such single incident or during that one specific time frame which produces the maximum Service Credit will be taken into account for such purpose Service Credit will be granted for cumulative service outage incidents in a month that are verifiable by HGC Unless otherwise defined in the Order or contract applicable to the service in question, Force Majeure shall for the purpose of this SLA mean events or circumstances that is beyond the reasonable control of the party sought to be held liable for performance (the Responsible Party ), including, but not limited to, any: (i) delay in obtaining or failure to obtain or renew any permit or governmental authorization required for the performance of the relevant Order or contract or this SLA, so long as such delay is not caused by or due to any act or omission of the Responsible Party, (ii) act of God or of the public enemy, (iii) action, or failure to act, of any governmental authority, (iv) war or warlike operations, (v) civil war or commotion, mobilization, military call-up and acts of similar nature, (vi) revolution, rebellion, sabotage, insurrection or riot, (vii) draught, fire, flood, lightning, epidemic or quarantine restriction, (viii) strike or other labor action, (ix) freight embargo, (x) unworkable weather, (xi) trawler or anchor damage, (xii) damage caused by other marine activity such as fishing, marine research or marine development, (xiii) failure or shortage of power supplies or general unavailability of any raw materials or components not caused or contributed to by the Responsible Party s failure to timely upgrade or Page 5

6 order such power or materials, (xiv) act or omission of transporters; and (xv) act, or failure to act, of the other party or any of its employees, representatives or agents) Any request for Service Credit must be in writing and must be received by HGC by no later than thirty (30) days after the relevant Service Outage, High Packet Loss or Backbone Latency Delay HGC s final determination of Service Credit shall be binding and conclusive. 6. Service Credit Schedule 6.1 Service Outage: A Service Credit is calculated as a percentage (%) (as stated in table below) of the monthly service charge applicable to the relevant service (i.e. IaaS, BaaS, DBaaS or ODVLL). The maximum Service Credit which may be granted in a single month for Service Outage shall in no event be greater than 10% of the monthly service charge payable for that month. SERVICE OUTAGE TIME (Monthly) SERVICE CREDIT >44 minutes 4 hours 2% >4 hours 8 hours 3% >8 hours 12 hours 5% >12 hours 10% 6.2 High Packet Loss: The Service Credit which may be granted in a single month for High Packet Loss is: 3.33% of the monthly service charge of the relevant service (i.e. DBaaS or ODVLL) payable for that month. 6.3 Backbone Latency Delay: The Service Credit which may be granted in a single month for Backbone Latency Delay is: 3.33% of the monthly service charge of the revalent service (i.e. DBaaS or ODVLL) payable for that month. 6.4 For the avoidance of doubt, Service Credit of this SLA includes the above mentioned services described in Section 2 only and does not include any local loop, IPLC, or circuit connecting the HGC ibizcloud service platform, or other third party charges. - END - Page 6