Service Level Agreement (SLA) of PlusServer GmbH, Hohenzollernring 72, 50672 Cologne, Germany hereinafter referred to as the Provider. Version: 04.09.2015 V1.1 PlusServer GmbH Contacts Registered office Management Hohenzollernring 72 Advice: +49 2203-1045 3500 Local Court Cologne, Thomas Noglik (CEO) 50672 Cologne Support: +49 2203-1045 3600 HRB 84977 Bernhard Vogtland
Table of contents 1. Preamble... 3 2. General service level... 3 2.1. Availability of the data centres... 3 2.1.1. Measuring method... 3 2.1.2. Guarantee... 3 2.2. Availability and latency of the core network... 4 2.2.1. Measuring method... 4 2.2.2. Guarantee... 4 2.3. Availability and latency of the Internet connection... 4 2.3.1. Measuring method... 4 2.3.2. Guarantee... 4 3. Technical support and response times... 4 4. Hardware availability... 5 5. Network availability... 5 5.1. General network availability... 5 5.2. Network availability with redundancy... 6 5.3. Network availability without redundancy... 6 6. Product-specific service level... 7 6.1. Product-specific service levels with redundancy... 7 6.2. Product-specific service levels without redundancy... 7 7. Maintenance window and maintenance... 8 8. The granting of credits for warranty claims... 8 9. Exclusion of liability... 8 10. Severability clause... 9 Page 2 PlusServer GmbH Contacts Registered office Management
1. Preamble The successful outsourcing of IT services requires a transparent definition of the customer-supplier relationship. This Service Level Agreement ensures the quality of the services agreed between the Provider and its customers by guaranteeing the service levels set out below. These service levels can be broken down into two areas: General service level Product-specific service level This Service Level Agreement applies to the provision and operation of all products and services of the Provider. The respective contractual partner of the customer, which is herein referred to as Provider is specified in the main contract or the quote. The products and services are set forth in the relevant product descriptions. The associated values, which the Provider guarantees to his customers, are laid out in Annex A to the Service Level Agreement, which together form an integral part of the contract between the Provider and the customer. This does not apply to cases that are attributable to: Force majeure; Culpable conduct of the customer, his employees or subcontractors; Unavoidable service disruptions due to changes to the service ordered by the customer or that have become necessary due to legal or regulatory requirements; Planned work carried out by the Provider. 2. General service level 2.1. Availability of the data centres 2.1.1. Measuring method The availability of the data centres relates to their power supply. The power supply in the data centres is regulated by appropriate technical measures. It measures the availability of at least one sub-distribution (A or B supply). To this end, various measuring points within the building of the Provider are constantly monitored. 2.1.2. Guarantee The Provider guarantees 99.99% availability of data centres on average throughout the year. This service level is deemed to have been met as long as the actual availability of the data centre does not drop below the above value on average throughout the year. Page 3 PlusServer GmbH Contacts Registered office Management
2.2. Availability and latency of the core network 2.2.1. Measuring method The Provider measures the availability and latency of the network with measuring stations set up for that purpose within his own core network. The availability of the core network relates to the connection between the network handover point of the service purchased by the customer and the core handover point of the Provider. The core network is deemed available as long as at least 75% of the data centre measuring nodes can reach at least one core measuring point. As a general rule, the measurement of latency is based on RTT (round-trip time). Latency of the core network refers to the distance between the data centre measuring node and the nearest (best latency) core measuring node. 2.2.2. Guarantee The Provider guarantees 99.99% availability of the core network on average throughout the year. This service level is deemed to have been met as long as the actual availability of the core network does not drop below the above value on average throughout the year. The Provider guarantees a latency within the core network of 10msec on average throughout the year while maintaining the availability specified in the previous paragraph. This service level is deemed to have been met as long as the actual latency of the core network does not exceed the above value throughout the year. 2.3. Availability and latency of the Internet connection 2.3.1. Measuring method The Provider measures the Internet availability using measuring stations set up for that purpose inside and outside of his own core network. The Internet is deemed available as long as at least 2 data centres of the Provider can be reached by at least one external measuring node. The latency of the Internet connection cannot be fully measured by the Provider, as the Provider does not have access to the necessary measurement data of the carriers. However, the Provider undertakes to choose only carriers as contractual partners who can guarantee the latencies mentioned in paragraph 2.3.2. 2.3.2. Guarantee The Provider guarantees 99.99% availability of the Internet connection on average throughout the year. With respect to the latency of the Internet connection, the Provider undertakes to choose carriers who can guarantee at least the following latencies: Within Europe US East Coast US < 40 msec on average throughout the year < 70 msec on average throughout the year < 100 msec on average throughout the year 3. Technical support and response times Page 4 PlusServer GmbH Contacts Registered office Management
The Provider offers technical support to its customers through a support hotline and a ticket system. Technical support is available 24/7 on the specified telephone number. Customer calls are taken by experienced system administrators who can respond to their problems immediately and resolve any faults. In the secure customer area, customers can submit written queries to the support team using a ticket system. The support team of the Provider is available to customers by telephone or through the ticket system 24/7. In addition, the Provider guarantees customers to receive a qualified response to their queries within a defined response time. The response time generally begins upon receipt of the customer s message through one of the specified communication channels. The customer is informed about the communication channels available for the respective product at the time of entering into the contract. Should these change, the Provider is required to inform the customer in a timely manner. If the fault report does not reach the Provider using the correct channel, this may cause delays. The response times are only guaranteed if the fault report reaches the Provider via the specified communication channels. The response times are categorised as follows: 240-minute response time for general technical enquiries 120-minute response time for faults = service is still accessible, but the availability is limited 60-minute response time for urgent faults = service is no longer available The reports from customers are sorted into the above categories by employees of the Provider based on the customer s description of the fault. The customer receives a qualified statement from an employee of the Provider within the specified response time. If the qualified statement does not already contain a resolution to the problem, it will at least give an initial assessment of the report and information about the next steps. In the case of a fault or an urgent fault, the qualified statement also includes information on the expected duration and scale of the current fault. 4. Hardware availability The Provider guarantees that the hardware used, which is made available to the customer based on a valid rental agreement is in a good state of repair. Should the hardware malfunction, the Provider guarantees a replacement within 4 hours. The downtime begins immediately following the customer notifying the Provider of the fault in the form of a fault report by telephone and the opening of a ticket by the support staff. In this way, the fault report is documented in the ticket system. The service level is not granted if the problem is reported by fax, email or through the ticket system. Once the fault is eliminated and, where applicable, the hardware defect rectified, the customer is notified by the support team and the ticket is closed. The timing of this action determines the restoration of hardware availability. Should the guaranteed hardware replacement exceed 4 hours for the agreed service level, the Provider shall give the customer a credit note equal to one daily rent for every extra hour. 5. Network availability 5.1. General network availability The availability of the Provider's IP network is 99.99% on average throughout the year. The reference year is the calendar year. The Provider's IP network includes all routers, core switches and end switches representing the connection to the global Internet network. Page 5 PlusServer GmbH Contacts Registered office Management
Should the specified minimum availability for the agreed service level not be complied with, the Provider shall give the customer a credit note for the relevant products as follows: Service level (availability) Availability Credit note as a proportion of from to monthly rent 99.99% p.a. 99.99% 99.95% 5% 99.95% 99.90% 10% 99.90% 99.80% 25% 99.80% 99.70% 50% 99.70% 99.60% 75% < 99.60% 100% 5.2. Network availability with redundancy The guaranteed availability for the services provided is 99.99% on average throughout the year. The reference year is the calendar year. All services must be designed and available with redundancy (n+1). Should the specific minimum availability of a product not be complied with, the Provider shall give the customer a credit note for the following amount: Service level (availability) Availability Credit note as a proportion of from to monthly rent 99.99% p.a. 99.99% 99.95% 5% 99.95% 99.90% 10% 99.90% 99.80% 25% 99.80% 99.70% 50% 99.70% 99.60% 75% < 99.60% 100% 5.3. Network availability without redundancy The availability of all products and services, which have been designed without redundancy at the express request of the customer is 99.95% on average throughout the year. The reference year is the calendar year. Systems are considered to be non-redundant when they are not designed as n+1, i.e. a second system can take up and run the services. Should the specified minimum availability of a product not be complied with, the Provider shall give the customer a credit note for the following amount: Service level (availability) Availability Credit note as a proportion of from to monthly rent 99.95% p.a. 99.95% 99.90% 5% 99.90% 99.85% 10% 99.85% 99.75% 25% 99.75% 99.65% 50% 99.65% 99.55% 75% < 99.55% 100% Page 6 PlusServer GmbH Contacts Registered office Management
6. Product-specific service level 6.1. Product-specific service levels with redundancy The guaranteed availability for the services provided is 99.95% on average throughout the year. The reference year is the calendar year. All services must be designed and available with redundancy (n+1). Should the specific minimum availability of a product not be complied with, the Provider shall give the customer a credit note for the following amount: Service level (availability) Availability Credit note as a proportion of from to monthly rent 99.95% p.a. 99.95% 99.90% 5 % 99.90% 99.85% 10% 99.85% 99.75% 25% 99.75% 99.65% 50% 99.65% 99.55% 75% < 99.55% 100% 6.2. Product-specific service levels without redundancy The availability of all products and services, which have been designed without redundancy at the express request of the customer is 99.50% on average throughout the year. The reference year is the calendar year. Systems are considered to be non-redundant when they are not designed as n+1, i.e. a second system can take up and run the services. Should the specified minimum availability of a product not be complied with, the Provider shall give the customer a credit note for the following amount: Service level (availability) Availability Credit note as a proportion of from to monthly rent 99.5% p.a. 99.50% 99.45% 5 % 99.45% 99.40% 10% 99.40% 99.30% 25% 99.30% 99.20% 50% 99.20% 99.10% 75% < 99.10% 100% Page 7 PlusServer GmbH Contacts Registered office Management
7. Maintenance window and maintenance The Provider shall schedule regular maintenance windows to enhance the performance and stability of the services even further and to ensure smooth operations of the services. This period is used to carry out periodic, scheduled and unscheduled maintenance work on the systems of the Provider and his suppliers. Any limitations to the availability through such necessary work will be classified as service time rather than downtime. The Provider shall announce any scheduled maintenance, which may affect or interrupt the services of the customer at least three working days in advance. As a general rule, scheduled maintenance will be typically carried out between 00:00 and 06:00. In exception cases, system maintenance can take place at any other time while ensuring that any disruption will be kept to a minimum. 8. The granting of credits for warranty claims If the Provider fails to comply with the contractually agreed service levels, the Provider will grant customers credits in accordance with the following conditions: Credits are granted only if the customer requests the credit note within two weeks after the end of the calendar year for which the credit is due by sending the relevant claim in writing by post or fax. If the contract commences or ends during the course of the year, the above applies to the term of the contract on a pro-rata basis, and any credits are therefore granted on a pro-rata basis. The date of the postmark on the letter or the timestamp on the fax will determine whether the letter or fax has been received within the prescribed time limit. The accumulated credits of all service levels are limited to 100% of the monthly rent for the affected service per calendar year. Any further claims against the Provider, in particular, for compensation for indirect or consequential damages such as loss of profits, business interruption, loss of data or information, can only be made in accordance with the general terms and conditions of the respective Provider. 9. Exclusion of liability The Provider is only liable for his failure to comply with the service level to the extent that this is solely attributable to the Provider. The Provider is, in particular, not liable for: Downtimes for which the Provider is not directly responsible, in particular, external DNS server problems, electronic attacks on the network and/or email infrastructure of the Provider and downtimes of parts of the Internet outside the control of the Provider, which may lead to erroneous measurements of the customer. Downtimes that are attributable to the customer, especially downtime caused by incoming / outgoing hacker attacks (DoS) due to faulty or inadequate maintenance of the customer's own software and/or the operating system installed by the Provider. Downtimes attributable to the fact that the customer s software was not used properly or installed, operated and maintained in accordance with the guidelines of the manufacturer or the Provider. Page 8 PlusServer GmbH Contacts Registered office Management
Downtimes erroneously reported to the customer as a result of faulty internal or external monitoring services. Downtimes attributable to maintenance windows and/or planned or unplanned works of the Provider or his suppliers. 10. Severability clause Should any individual provision of this Service Level Agreement be or subsequently become void or unenforceable, whether in whole or in part, the remaining provisions of the individual agreements will remain unaffected thereby. The same applies to any contractual omissions. Such an invalid provision or omission will be replaced by a provision that, to the extent permissible by law, approximates as closely as possible the original intent of the contracting parties. Page 9 PlusServer GmbH Contacts Registered office Management
11. ANNEX A SLA level Products Network availability with redundancy 99.99% p.a. Access to shared switching redundant Access to colocation uplink redundant Business CDN Business DDoS mitigation Business flex-rate Colocation uplink Individual CDN Shared CDN Shared switching Network availability without redundancy 99.95% p.a. Access to colocation uplink Access to shared switching Product-specific service levels with redundancy 99.95% p.a. Business cloud Business firewall Business loadbalancer Cloud datastore Dedicated firewall redundant Dedicated loadbalancer redundant Dedicated rack Dedicated server redundant: DRBD cluster Red hat cluster Windows cluster Private cloud (VMware vsphere) Private cloud (Windows Hyper-V) Dedicated storage Shared firewall Shared loadbalancer Shared storage Product-specific service levels without redundancy 99.5% p.a. Business backup Business backup off-site Dedicated DDoS mitigation Dedicated firewall Dedicated loadbalancer Dedicated server Individual backup Page 10 PlusServer GmbH Contacts Registered office Management