Optimal Internet Cloud Servers is comprised of two related subsystems, the control plane and the data plane, each with its own service level guarantee.

I. CONTROL PLANE

The “control plane” is the Cloud Servers API (Application Programming Interface) Optimal use to create, manage, and delete cloud servers.

We guarantee the Cloud Servers control plane will be available 99.9% of the time in any given monthly billing period.

SLA Credit for Control Plane:

Monthly Availability Credit Percentage*

100% – 99.9% 0%

< 99.9% – 99.5% 10%

< 99.5% – 99.0% 20%

< 99.0% 30%

“Monthly Availability” is calculated by the number of API errors when compared to the total number of valid API requests, on a per customer, per region basis, for a given monthly billing period, as follows (represented as a percentage): 1 – (Total API Errors)/(Total Valid API Requests).
* Credits will be calculated as a percentage of all cloud server fees in the affected region for the monthly billing period.

II. DATA PLANE

The “data plane” includes cloud servers created via the control plane plus supporting systems and services required for the proper functioning and availability of those cloud servers. Customers manage and have full control over their cloud servers and Optimal Internet guarantees proper functioning of the following supporting systems and services:

Network

We guarantee that our data centre network will be available 100% of the time in any given monthly billing period, excluding scheduled or emergency maintenance. Network downtime exists when a cloud server is not reachable as a result of a failure in the data centre network.

SLA Credit for Network Downtime: 5% of the cloud server fees for each 60 minutes of network downtime (or portion thereof), up to 100% of the cloud server fees.**

Data Centre Infrastructure

We guarantee that data centre HVAC and power will be functioning 100% of the time in any given monthly billing period, excluding scheduled or emergency maintenance. Data centre infrastructure downtime exists when a cloud server experiences a failure as a result of power or heat problems.

SLA Credit for Data Centre Infrastructure Downtime: 5% of the cloud server fees for each 60 minutes of data centre infrastructure downtime (or portion thereof), up to 100% of the cloud server hosting fees.**

Cloud Server Hosts

We guarantee the functioning of all cloud server hosts including the hypervisor. If a cloud server host fails, we guarantee that restoration or repair will be complete within one hour of problem identification.

SLA Credit for Cloud Server Host Downtime: 5% of the cloud server fees for each additional hour of downtime (or portion thereof), after the first hour, up to 100% of the cloud server hosting fees.**

Migration

If a cloud server migration is required because of cloud server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment that we must begin the migration sooner to protect your cloud server data. Either way, we guarantee the migration will be complete within three hours of the time we begin the migration.

SLA Credit for Migration Downtime: 5% of the cloud server fees for each additional hour of downtime (or portion thereof), after the first three hours, up to 100% of the cloud server hosting fees.**

** Credits will be calculated as a percentage of the fees for those cloud servers adversely affected by the failure for the monthly billing period during which the failure occurred.

III. DEFINITIONS AND LIMITATIONS

Definitions

For purposes of the Service Level Agreements outlined above:

“API error” is defined as: (i) an 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 Optimal Internet data centre network do not constitute an API error;
“valid API request” is defined as a well formed request that complies with the published API specification;
“cloud server” means a unique virtual machine instance;
“cloud server fees” means the fees for your cloud servers for the monthly billing period in which the failure occurred and includes hourly virtual machine usage and bandwidth charges;
“cloud server host” means the physical server which hosts your cloud server;
“region” means a particular physical location where the Cloud Servers service exists (e.g. Dallas, Chicago, London). Cloud Servers control and data planes are independent per region and do not span regions;
“data centre network” means the portion of the Optimal Internet network extending from the network egress point of your cloud server to the outbound port of the data centre border router;
“power” excludes cloud server host power supplies which is covered as part of the cloud server hosts guarantee;
“scheduled maintenance” means maintenance (e.g. repairs, modifications, or upgrades) that is announced at least ten business days in advance;
“emergency maintenance” means critical unforeseen maintenance (e.g. repairs, modifications, or upgrades) needed to ensure security or reliability

Limitations

You are not entitled to a credit if you are in breach of your services agreement with Optimal Internet (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with Optimal Internet or your misuse of the Services. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.
To receive a credit, you must log a request via ticket in the Optimal Internet cloud control panel within thirty (30) days following the end of the downtime and provide logs evidencing Optimal Internet’s failure to meet the SLA. You must show that your use of Cloud Servers was adversely affected in some way as a result of the downtime to be eligible for the credit.
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your cloud server hosting fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
This Service Level Guarantee is your sole and exclusive remedy for Cloud Servers unavailability.

This Service Level Agreement is part of your business terms and conditions.