OpSource Cloud Hosting Service Level Agreement

OpSource Cloud Hosting SLA

As part of the OpSource Cloud Hosting Terms of Services Agreement that governs Customer's purchase of services from OpSource, OpSource will meet the service level agreements set forth below.

100% Network Uptime Standard

OpSource guarantees 100% availability of the OpSource Cloud Network. The OpSource Cloud Network is comprised of the border routers, firewalls, load balancers, and switches. For purposes of this SLA, the uptime guarantee does not include the dedicated Customer systems or Operating System layer. The OpSource Cloud Network will be deemed 'available' if the networking components are available and responding to OpSource monitoring tools as designed and in a non-degraded manner (as evidenced in the OpSource monitoring tool).

100% Server Uptime Guarantee

OpSource guarantees 100% availability of individual servers within the OpSource Cloud environment. For purposes of this SLA, only failures due to hardware and hypervisor layers delivering individual servers are covered. The individual server will be deemed 'available' if the virtualization hardware and hypervisor layers delivering individual servers are available and responding to OpSource monitoring tools as designed and in a non-degraded manner (as evidenced in the OpSource monitoring tool).

30 Minute Support Response Time Guarantee

OpSource guarantees OpSource Support personnel shall review and update any Case submitted via the OpSource Community within 30 minutes for EMERGENCY Cases and within 120 minutes for all other cases. EMERGENCY Cases are considered any Case where a server is down and unavailable. OpSource may reclassify, at its sole discretion, any Case misclassified as an Emergency Case, and such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and therefore not covered under this SLA.

<1 ms Latency Guarantee

OpSource guarantees a latency of less than 1 ms for the transfer of data packets from one server to another within the OpSource Cloud environment and within the same network (VLAN). Latency measurements are based on OpSource standard monitoring systems. Latency between separate networks (VLANs) are not covered under this SLA.

100% Application Uptime Standard

If Customer has purchased the full Application Operation product from OpSource, then OpSource will guarantee 100% availability of Customer’s application delivered in the OpSource environment; provided that Customer agrees to meet the following Customer Obligations:

• Allow OpSource full access to the Customer’s Cloud service and to deploy the application in OpSource’s infrastructure with OpSource System Monitoring and OpSource provided application support;
• Customer’s system is fully redundant at all tiers and is configured for failover operation;
•  Allow OpSource to audit OpSource managed components and complete redundancy steps stipulated by OpSource under a mutually agreed upon timeline;
• Possess no users or third party accounts that grant administrative or ‘root’ access to devices within the OpSource systems;
• Off-premise systems are functioning properly and acceptable industry standards for network latency levels to off-premise systems on which the hosted application is dependent is met;
• Customer must provide licensed copies of any enabling software operating above the Operating System (OS) level on any system in the architecture;
• Customer must maintain 24X7 support agreements with that software vendor or industry recognized third party software support product;
• Customer must not modify the hardware, system or application code configuration or content without OpSource’s written authorization;
• Customer must not program, modify the OS, launch new content, or perform stage and/or test periods without following OpSource’s standard change control processes.  

In the event of a failure to meet the 100% Network Uptime Standard or 100% Server Uptime Guarantee, or 100% Application Uptime Standard (if applicable), the duration of such failure period will be considered downtime. In the event of failure to meet the Support Response Time Guarantee, the duration of time beyond the allotted response time shall be considered response delay. In the event of failure to meet the Latency Guarantee, the duration of time with latency equal to or exceeding 1 ms shall be considered latency degradation.

Customers Accrue Service Credits Based on the Following Metrics

If the Customer is on a service plan in the month of the outage, the Service Credit percentage will apply to the Cloud service plan's monthly fee, and will not include any overages. If the Customer is on a Cloud pay as you go plan and actively using the system during the downtime, the Service Credit percentage will apply to the previous month's invoiced amount. At no time will the Service Credit percentage exceed the Cloud product monthly fee.

OpSource will issue the Customer a credit which will be applied to the invoice in the month following the applicable event. Service Credits must be requested in writing to cloudcredit@opsource.net, within 30 days of the qualifying event. Service credits are accumulated monthly with all SLA metrics being reset at the beginning of each calendar month.

OpSource monitoring/ticketing systems shall be the information source of record for the accumulation of Monthly Cumulative.

Definitions

• Scheduled Maintenance Window: Unless categorized as an emergency maintenance window, OpSource follows a weekly maintenance schedule to be announced by OpSource Operations.
• Scheduled Downtime: Scheduled time to perform routine, non-emergency or emergency maintenance on Hardware, Software or related equipment.
• Downtime: Time that the system is not available which is not Scheduled Downtime or Scheduled Maintenance Window.
• Latency: Amount of time it takes for a packet of data to travel from one point to another.

SLA Exemptions

The following items or situations are exempt from OpSource's guarantee of 100% availability:

• Unavailability of Customer's Cloud System during scheduled maintenance window, emergency maintenance or any other agreed-to scheduled downtime activity.
• In the event of downtime which qualifies for Monthly Cumulative Downtime credits, a customer will not be eligible for any service credits associated with Latency Degradation during such downtime.
• Downtime that resulted from modifications or changes of the operating system, database, application code or other customer code, not provided by OpSource.
• Attacks (i.e. hacks, denial of service attacks, viruses) by third parties, and other acts not caused by OpSource, provided that OpSource makes every reasonable effort to maintain current versions of software patches.
• Events of force majeure, including acts of war, god, earthquake, flood, embargo, riot, sabotage, labor dispute (outside of OpSource's own employees), government act, or failure of the Internet.
• If OpSource is providing Application Operations to Customer:
  
  • Modifications to hardware, system applications or application code configuration, or code not authorized by OpSource. Changes or modifications to code that contributed to downtime.
  • Unavailability of Customer’s System due to Customer programming, modifications to OS, content, development, staging and/or testing period(s) or acts or omissions of Customer which are not performed in accordance with OpSource’s standard change control processes.
  • If a Customer is using the Microsoft BizSpark products, OpSource will support such product to the best of its ability, but per the program specifications, Microsoft will not support the product, so failure of such product will not be eligible for the SLA.
  • Unavailability of Customer System caused by failures of third party systems or services that are not under OpSource's control.

Customer must be current on all outstanding invoices (as defined in the Terms of Service) to be eligible for the credits referenced in this SLA. No credits will be extended if Customer is delinquent in its payment of outstanding invoices.