Service Level Agreement


The terms and conditions set out in this Service Level Agreement (this “SLA”) shall apply to each Service Work Order executed by the Provider and the Customer (each, a “Work Order”), and shall be deemed to be incorporated into each Work Order.

Section 1 Infrastructure and Service Availability.  The Provider shall use commercially reasonable efforts to make sure that the Cloud and Datacenter Resources described in an Order to which such Provider is a party are available each calendar month according to the table below.

Service
Availability
Bare Metal 100%
Colocation 100%*
IaaS (iland Cloud and iland Secure Cloud) 100%
BaaS (iland Secure Cloud Backup) 100%
DRaaS (iland Secure Disaster Recovery as a Service) 100%
iland Secure Cloud Backup for Office 365 100%
iland Secure Cloud Object Storage 100%
*This Colocation availability SLA is exclusively applicable to the iland provided infrastructure and it applies only if the Customer provided equipment supports dual power connected to redundant A+B power circuits.

The Provider Resources will be deemed unavailable if (a) the Customer can neither transmit nor receive data to or from the Provider Resources (whereby inability is confirmed by way of Customer documentation that verifies said inability is due to an issue with the Provider’s equipment) and (b) such inability has been communicated to the Provider in sufficient detail to enable the Provider to open a case in respect thereof. The Provider Resources shall not be deemed unavailable (without limitation) in the event of any of the following:

1.1    Any circumstances whatsoever which are not within the reasonable control of Provider or its subcontractor(s);
1.2    Force Majeure events;
1.3    Virus activity and hacking attempts;
1.4    In accordance with a court order or any requirements of any authority or other competent local authority;
1.5    Periods of scheduled or emergency maintenance on Provider-provided infrastructure of which the Customer has been notified;
1.6    Failure or malfunction of the Customer’s or End-User’s connection to the Provider Network (e.g. via the public internet or the Customer’s own network) or related problem beyond the Provider Network Demarcation Point;
1.7    Failure or malfunction of equipment, software, or other technology not owned or controlled by Provider;
1.8    Failure to comply with any terms of Provider's then-current Acceptable Use Policy;
1.9    Failure or malfunction caused by Customer over-provisioning Reserved Resources in excess of the specifications set out on the Work Order;
1.10    A malfunction that results from inconsistencies in the environment or unavailability that result from changes in the Customer's source environment, including either intentional or accidental connection or disconnections to the environment;
1.11    A malfunction that results from any action or inactions of Customer or any third party;
1.12    A malfunction that results from anyone gaining access to the Cloud Resources by means of Customer’s passwords or equipment;
1.13    Any failure to restore an environment from a Cloud Backup file chain in iland Cloud Services (iland Secure Cloud Backup with Veeam only); or
1.14    Unavailability of any management console or APIs.
The Provider, to the extent possible, will notify the Customer about scheduled or emergency maintenances through its Status Page available at https://status.ilandcloud.com/. The Provider will constantly update the Status Page information to advise Customer when a maintenance is completed.
Section 2 Service Performance.

2.1 Cloud Storage

2.1.1 Storage Performance Target. The Provider shall offer different storage types with targeted performance according to the following chart.

Storage Type
Average Performance
Average Response Time Target (Read/Write)
Advanced/Accelerated Storage 500 IOPS per TB 1 ms (millisecond)
SSD Storage 2000 IOPS per TB 1 ms (millisecond)


2.1.2 Storage Performance Limits. The storage is capable of very high IOPS, and that enables the Provider to allow Customers to occasionally burst IOPS over the guaranteed aggregated average IOPS for no additional charge. However, if the Provider determines, in its sole discretion, that the Customer's IOPS bursting is excessive or detrimental to overall storage performance, then, the Provider will notify the Customer about the excessive bursting and work with the Customer to: a) correct the issue causing the excessive bursting, or b) upgrade to the next available storage tier. If the Customer and Provider cannot come to a resolution within 30 days after the notice, the Provider shall, at its sole discretion, rate limit such IOPS until the Customer can correct the issue causing the excessive bursting.


2.2 DRaaS

2.2.1    Recovery Time Objective (RTO). Once the Customer has completed a successful test of the then-current Recovery Plan with the Provider’s involvement, the Provider shall use commercially reasonable efforts to ensure that Failover occurs at the average rate of 1 Virtual Machine per minute; and 2.2.2    Recovery Point Objective (RPO). Customer's RPO is determined and reflected based on settings in the replication engine software, and, as a result, the Provider can only offer guarantee on best efforts in assisting Customer to achieve that RPO dependent on Customer’s bandwidth and configuration.

 
Type
SLA
Recovery Time Objective (RTO) Average of 1 Virtual Machine per Minute
Recovery Point Objective (RPO) Based on Recovery Group settings


Section 3 Technical Ticket Response. The Provider shall use commercially reasonable efforts to make sure that the Technical Ticket Response Management process adheres to the Targets set out in the chart below.

 
Severity
Description
Initial Response Target
Resolution Target
Response Target
Severity 1
Production system down
  • A service is "down" or there is a critical impact to the customer's business operations.
< 15 mins < 2 hrs 100%
Severity 2
System impaired
  • Customer's business has moderate loss or degradation of services and can reasonably continue in an impaired or restricted manner.
< 30 mins < 4 hrs 100%
Severity 3
General guidance
  • Customer has a general question or need help using an iland product/service.
< 2 hrs < 16 hrs 100%


Section 4 Billing Credits. If the Provider does not meet its obligations under the terms of this Service Level Agreement during a particular month during the term, the Provider shall, at the Customer’s request, provide the applicable service credit (“Credit”) set out in the chart below. The Credits in this Section shall not apply to Provider Customers that have contracted with the Provider through either a Veeam Service Agreement or a third party Reseller.

 
Condition
Billing Credit
Monthly Uptime Percentage < 100.00% and >= 99.95% 1% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
Monthly Uptime Percentage < 99.95% and >= 99.00% 5% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
Monthly Uptime Percentage < 99.00% and >= 98.00% 10% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
Monthly Uptime Percentage < 98.00% 15% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource


The following conditions must be met to be eligible for Billing Credits:

4.1    A Credit shall be applicable and issued only if the aggregate amount of Credits for the applicable monthly billing cycle is greater than ten dollars ($10 USD). Service Credits may not be transferred or applied to any other account.

4.2    In order to request a Credit, the Customer must contact the Provider within 30 days from the last day of the reported event by emailing [email protected] and providing reasonably sufficient information in the email for the Provider to determine whether a Credit is warranted.  Failure of the Customer to follow the procedure in the preceding sentence shall waive the Customer’s ability to receive a Credit for the affected period.

4.3    Provider shall use all information reasonably available to it to validate Claims and make a good faith judgment on whether the Customer is entitled to Credits under this Section.

4.4    Provider shall only apply Credit against future payments otherwise due from Customer and are not transferable or redeemable for cash. The Customer's sole and exclusive remedy, and the Provider's sole liability, with respect to Provider's breach of its obligations of this Service Level Agreement are Credits as described in Section 4.