Cloud Services – Service Level Agreement

///Cloud Services – Service Level Agreement
Cloud Services – Service Level Agreement2017-04-03T16:02:32+00:00

Cloud Services Service Level Agreement

This document summarizes Convergia’s service level agreement for hosted services. This document is incorporated in the Convergia Service Agreement “TSA” and Service Order Form “SOF”. This document may be updated from time to time, after 30 days written notice and prior written Customer agreement. The Service Credits specified in this SLA are your sole and exclusive remedies for any SLA Events occurring during your subscription term for the Service Offering or for any other claim in connection with this SLA.

This SLA sets out the Service Level guidelines for Convergia’s Cloud Services. Convergia offers a comprehensive set of measurements to insure our service availability commitment is guaranteed at a level of four 9’s (99.99%) in network availability in any given calendar month. Our 99.99% service availability commitment is built upon a platform of generic services that are designed to deliver a high availability throughout our network.

The availability measurement of 99.99% service availability is detailed below for each of our core product sets.

If the Availability of a class of service is less than the associated Availability Commitment, then you may request Service Credits for that affected class of service. Availability in a given month is calculated according to the following formula: “Availability” = ((total minutes in a calendar month – total minutes Unavailable) / total minutes in a calendar month) x 100

 

Hosted MS Exchange Availability SLA

We guarantee four 9’s (99.99%) of Hosted MS Exchange availability in any given calendar month.

It is important to us that our clients understand this guarantee and we have defined some key terms here to make sure that this is the case.

For 99.99% Availability to apply the following conditions must be met:

Definition:
Hosted Exchange We define Hosted Exchange as the server environment and interfaces that we provide as part of our hosted exchange products.
Monitoring Convergia continually test CAS, Relay and Mailbox servers through internal and external monitoring to ensure receipt and delivery of email.
Availability Hosted Exchange is available when it allows a user with the correct credentials send and receive email via our Exchange servers or through Outlook Web Access.
Unavailability Any period of time during which you are unable to send or receive email via our Exchange servers. A period of Unavailability begins when it is detected by our own monitoring systems or when a ticket is raised with our support team. A period of downtime finishes when you are again able to send and receive email.
Unavailability Caused by external network issues or problems with single points of failure on the client side that were identified in the Solution Document shall not count towards the monthly availability calculation.
Unavailability Due to a Virus affecting the client terminal shall not count towards the monthly availability calculation.
Accumulative Downtime per Service in any Given Calendar Month Credit Given
00:00:01 – 00:05:00 No Credit
00:05:01 – 00:45:00 5% of Recurring Fees
00:45:01 – 04:00:00 10% of Recurring Fees
04:00:01 – 08:00:00 20% of Recurring Fees
08:00:01 – 12:00:00 30% of Recurring Fees
12:00:01 – 16:00:00 40% of Recurring Fees
16:00:01 – 24:00:00 50% of Recurring Fees
24:00:01 or greater 100% of Recurring Fees


Note: 6 hours or greater of continuous downtime per service in any given Calendar Month will result in a credit of 100% of the Recurring Fees being awarded.

Cloud Storage/CloudFailover – Backup Availability SLA

We guarantee four 9’s (99.99%) of Cloud Storage/CloudFailover and Backup availability in any given calendar month.

It is important to us that our clients understand this guarantee and we have defined some key terms here to make sure that this is the case.

For 99.99% Availability to apply the following conditions must be met:

Definition:
Cloud Storage and Backup We define this service as one of ability to upload and download files and data that you have stored in Convergia’s cloud.
Monitoring Convergia monitor the hosted virtual desktop infrastructure by auto-testing connection settings and session generation every 30 minutes.
Availability Defined by the ability to login with the correct credentials and upload and download to that specified location either via the Cloud Storage or Backup product.
Unavailability To upload more data or backup your appliances due to not having enough disk space paid for and provisioned shall not count towards the monthly availability calculation.
Unavailability Caused by external network issues or incidents with single points of failure on the client network that were identified in the solution document shall not count towards the monthly availability calculation.
Accumulative Downtime per Service in any Given Calendar Month Credit Given
00:00:01 – 00:05:00 No Credit
00:05:01 – 00:45:00 5% of Recurring Fees
00:45:01 – 04:00:00 10% of Recurring Fees
04:00:01 – 08:00:00 20% of Recurring Fees
08:00:01 – 12:00:00 30% of Recurring Fees
12:00:01 – 16:00:00 40% of Recurring Fees
16:00:01 – 24:00:00 50% of Recurring Fees
24:00:01 or greater 100% of Recurring Fees


Note: 6 hours or greater of continuous downtime per service in any given Calendar Month will result in a credit of 100% of the Recurring Fees being awarded.

Virtual/Dynamic Server Availability SLA

We guarantee four 9’s (99.99%) of Virtual Server availability in any given calendar month.

It is important to us that our clients understand this guarantee and we have defined some key terms here to make sure that this is the case.

For 99.99% Availability to apply the following conditions must be met:

Definition:
Dynamic Server We define a Dynamic Server as the set of hardware resources assigned to any individual dynamic server to include processor, memory and storage space, which has a default.
Availability A dynamic server is available when it is free of hardware or software faults and accessible via a network.
Unavailability Any period of time during which you’re dynamic is not available to connect either through RDP or SSH due to a hardware or network fault.
Unavailability Caused by problems with single points of failure that were identified in the original Solution Document shall not count towards the monthly availability calculation.
Unavailability Of unmanaged or un-agreed application’s availability shall not count towards the monthly availability calculation.
Unavailability Caused by external network issues or incidents with single points of failure on the client network that were identified in the solution document shall not count towards the monthly availability calculation.
Accumulative Downtime per Service in any Given Calendar Month Credit Given
00:00:01 – 00:05:00 No Credit
00:05:01 – 00:45:00 5% of Recurring Fees
00:45:01 – 04:00:00 10% of Recurring Fees
04:00:01 – 08:00:00 20% of Recurring Fees
08:00:01 – 12:00:00 30% of Recurring Fees
12:00:01 – 16:00:00 40% of Recurring Fees
16:00:01 – 24:00:00 50% of Recurring Fees
24:00:01 or greater 100% of Recurring Fees


Note: 6 hours or greater of continuous downtime per service in any given Calendar Month will result in a credit of 100% of the Recurring Fees being awarded.

Hosted Virtual Desktop Availability SLA

We guarantee four 9’s (99.99%) of Virtual Desktop availability in any given calendar month.

It is important to us that our clients understand this guarantee and we have defined some key terms here to make sure that this is the case.

For 99.99% Availability to apply the following conditions must be met:

Definition:
Hosted Virtual Desktop We define the virtual desktop as the desktop environment that we provide as part of our hosted virtual desktop products.
Monitoring Convergia monitors the hosted virtual desktop infrastructure by auto-testing connection settings and session generation every 30 minutes.
Availability A virtual desktop is available when it allows a user with the correct credentials to login via our portal and stream an application or access a desktop environment session.
Unavailability Any period of time during which you are unable to login to your virtual desktop. A period of downtime begins when it is detected by our own monitoring systems or when a ticket is raised with our support team. A period of unavailability finishes when you are again able to login to your virtual desktop.
Unavailability Caused by external network issues or incidents with single points of failure on the client network that were identified in the solution document shall not count towards the monthly availability calculation.
Unavailability Which are caused by incidents relating to technical or human error on the client terminal, including but not limited to Anti-Virus services, Microsoft updates and terminal BIOS updates.
Unavailability Incidents relating to printers, scanners, copiers, cameras, USB sticks or external hard drives shall not count towards the monthly availability calculation.
Accumulative Downtime per Service in any Given Calendar Month Credit Given
00:00:01 – 00:05:00 No Credit
00:05:01 – 00:45:00 5% of Recurring Fees
00:45:01 – 04:00:00 10% of Recurring Fees
04:00:01 – 08:00:00 20% of Recurring Fees
08:00:01 – 12:00:00 30% of Recurring Fees
12:00:01 – 16:00:00 40% of Recurring Fees
16:00:01 – 24:00:00 50% of Recurring Fees
24:00:01 or greater 100% of Recurring Fees


Note: 6 hours or greater of continuous downtime per service in any given Calendar Month will result in a credit of 100% of the Recurring Fees being awarded.

Incident Management and How to Report

Convergia shall respond to incidents within the following response times.

Before Reporting

Ensure this is a problem which has been tested internally before reporting the issue is replicable from more than 1 source/location. Ensure the person reporting the issue is a contact on the Account or a previously authorized member of staff.

Priority Level Incident Summary Example Indicated Response Time & Resolution
1 Total loss of service or actual security breach. “Something critical has happened which is affecting your business operations, and has an extremely high degree of importance”. All virtual desktops are down Dynamic Server is not responding A financial application is timing out Exchange services are unavailable for all my users. Initial response within 15 minutes. Best Endeavour Resolution within 4 hours.
2 Degraded service performance, impaired functionality or suspected security breach. “Medium impact on operations means that there is no outage on a business level application or service, but some intermittent issue “ I am getting some packet loss to my application. My server or set of VDI users appears to be slow. Outlook doesn’t work for all my virtual desktop users. Initial response within 4 hours. Best Endeavour Resolution within 24 hours.
3 Service/Change request equals “a non-critical issue not impacting service or impacting a single user, such as firewall change or information request.” I cannot get my virtual desktop to print. I would like to add an additional IP address to my server. I require a firewall change. Initial response within 24 hours. Best Endeavour Resolution within 72 hours.

How to Report and Procedure

1. Warm hand off transfer from the carrier call center representative to the Convergia call center representative.

a. Describe the service affected with caller on the call “Exchange Sync Issue.”

b. Caller to describe the issue in detail, with any way of replicating the issue or data you have.

c. Convergia call center representative to handle the call center issue and close the ticket within the Convergia system.

e. Convergia agent will refer to the Carrier TT number next to the Convergia TT number.

 

Network SLA Exclusions

Many possible situations are completely beyond the control of Convergia, and therefore are not in the scope of this SLA. These situations include:

  • Scheduled Network Maintenance – occasionally network maintenance will be required. Convergia will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits. Convergia will always provide written notice of such maintenance at least three business days in advance thereof, except on the case of an emergency.
  • Hardware and Software Maintenance – on rare occasions, the hardware or software in your Dynamic Server may need maintenance or replacement. Convergia will do everything possible to minimize any downtime in these situations per our hardware replacement SLA or software SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA. Convergia will always provide written notice of such maintenance at least three business days in advance thereof, except on the case of an emergency.
  • Malicious Attacks – in cases where a customer or one of its affiliates has assumed, in writing, direct control over the applicable firewalling and other security measures and a third party not associated with Convergia initiates a “Denial of Service” or other form of disabling attack against your Dynamic Server or major portions of our network, Convergia will do everything in its power to stop the attack, but cannot guarantee a resolution time.
  • Connectivity – if the WLP or their end user customer has connectivity problems not caused by Convergia or any of the services or products provided by Convergia including but not limited to inadequate bandwidth to utilize the services, heavy latency, malfunctioning hardware, incorrectly configured hardware, etc.
  • Software Failure – if end user customer’s software applications fail for any reason not caused by Convergia or any of the services or products provided by Convergia.

 

Service Definitions

  • Unavailability – is the cumulative total unavailability for the relevant Convergia Service. For the avoidance of doubt, Client Outages and Planned Maintenance are excluded from this definition
  • Client Outages/Unavailability – means any outage caused by any of the Unsupported Software and Hardware (as specified in the Solution Document) or any change or action taken by the Client’s Personnel.
  • Total Available Service Time” – means the total time in the relevant month, 24 hours a day for every day in the month. Fixed calendar months will be used i.e. 1st Jan to 31st Jan, 1st Feb to 28th Feb, etc.

 

General

Measurement: The Service Levels are measured on a monthly basis (starting from the first full calendar quarter (Jan to Mar, Apr to Jun, July to Sept, Oct to Dec).

Reporting: Convergia shall report on the Service Levels to the Client on a monthly basis. Reports shall be based on Convergia ’s records and shall be used in calculating any Service Credits payable (except in the case of manifest error or reporting problems with Convergia ’s SLA monitoring solution, in which case Convergia and the Client will discuss and agree any Service Credits that may be applicable).

Maximum Service Credits: The maximum Service Credits due in any one calendar month shall not exceed 100% of the monthly fees. Service Credits will be issued to the person or entity that Convergia invoices for the applicable instance of the Service Offering, as a separate credit memo that can be applied towards a future invoice for that Service Offering instance. If your subscription term for the Service Offering expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.

Limitation of Liability: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND CONVERGIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE DELIVERABLES, INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING ANY CONTENT OF YOURS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT AS PROHIBITED BY LAW, CONVERGIA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AGAINST HIDDEN DEFECTS. YOU SHALL NOT IN ANY EVENT BE ENTITLED TO, AND CONVERGIA SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF CONVERGIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOUR RECOVERY FROM CONVERGIA FOR ANY CLAIM SHALL NOT EXCEED THE MONTHLY FEES PAID BY YOU IN THE PRECEDING MONTH IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, YOU AGREE THAT CONVERGIA’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.