Ykoon B.V. Kruisstraat BH Leiden P +31 (0) F +31 (0)

Transcription

1 Ykoon Co-location Service Level Agreement ART 1. SUBJECT AND SCOPE ART 2. SERVICE LEVELS ART 3. NOTIFICATION AND LOGGING OF FAILURES ART 4. RESPONSE TIMES ART 5. FEE CREDITS ART 6. CHRONIC OUTAGE ART 7. PLANNED MAINTENANCE Ykoon B.V. Kruisstraat BH Leiden P +31 (0) F +31 (0)

2 !"#$%&# This Service Level Agreement ( SLA ) outlines the performance parameters and quality of service to be provided by Ykoon B.V. to the Customer in relation to the Ykoon Co-location Services as set out in the Co-locating Agreement between Customer and Ykoon B.V. This SLA and the Ykoon General Conditions form part of, and are governed by the terms of the Co-locating Agreement. In the event of any conflict between the terms of this SLA and the Co-locating Agreement, the terms of the Co-locating Agreement shall prevail. In the event of any conflict between the terms of this SLA and the Ykoon General Conditions, the terms of the General conditions shall prevail. Any amendment or variation to this SLA will only be valid and enforceable if made in accordance with the provisions of clause 8.12 of the Ykoon General Conditions. Terms used in this SLA shall bear the same meaning as defined in the Ykoon General Conditions unless the context otherwise requires. #'(##'# Ykoon B.V. shall ensure that all Ykoon Co-location Services are supported by the following Core Services ( the Core Services ): Service Description Service Level Power Usage Standard power allocation as in Colocation A service level of 100% for Agreement. electrical distribution to the server Power Supply Fire Protection Climate Control Security Operational and redundant electrical power supplies via UPS system. Architectural measures; Use policies; Specialized very early smoke detection system. HVAC (Heating, Ventilation and Air Conditioning), A designated down-flow air conditioning system capable of maintaining stable temperatures and humidity control within set tolerances. Internal video surveillance and recording system, covering all entrances/ exit, main areas and perimeter; access control. Remote hands E.g.: server resets, small repairs. Within 4 hours Network surveillance racks A service level of 100% for electrical distribution to the server racks. Security systems will operate on a 24/7/365 basis and will operate to 100% capability. Access control by badge and palm scan; private suites have pin-code locks (Ykoon s servertraq) Cross Connect Services and Cabling. Cross Connect Service is copper or fibre optic cabling cross-connected between Colocation (cabinets and/or suites), other provided Service or Facilities and/or third party provided services or facilities that terminate within the Gateway. Ykoon shall not be responsible for the cabling and connectors within the Customers Racks or for any active components therein; Installation Service Level.

3 ) Ykoon B.V. shall ensure that all Ykoon Co-location Services are supported by the following IP Services ( the IP Services ): Service Description Service Level IP transit availability Standard Ethernet port directly connected with Level (3) core switches; 99,98%; IP transit availability Protected redundant Ethernet ports directly connected with Level (3) core switches; 99,99%; Delay service Delay service level intra-europe: 15 ms; Packet delivery Packet delivery service level: 99,95 %; IP assignment On demand ASAP )$&(*((&$$%&++($+&**( # Critical problems Ykoon B.V. aims to immediately detect any problems or faults in any of the Core Services listed above. Ykoon B.V. will as soon as reasonably practicable notify the Customer (by telephone, using the 24 hour number provided by the Customer in compliance with the General Conditions) of any of the following events that may affect or have affected the Core Services being provided to the Customer: IP transit failure to Level (3) switches Disasters/Calamities (explosions, fire, flood, accidents etc) Theft and burglary Power failures Cooling failures Any of these faults detected by Ykoon B.V. will be notified to the Customer and will be logged by Ykoon B.V. Any faults or problems detected by the Customer must be immediately reported by the Customer (and in any event within 24 hours) to Ykoon B.V. using the telephone number provided to the Customer in the Ykoon B.V. Welcome Letter. The fault or problem will then be logged by Ykoon B.V. and followed up as specified in the Ykoon Co-location Agreement. IP services Ykoon B.V. aims to immediately detect any problems in any of the IP Services listed above. Ykoon B.V. will as soon as reasonably practicable notify the Customer if such a problem is shown by network monitoring.

4 ,,#&$#(-# Core services In the event that a problem concerning one of the Core Services is detected and notified in accordance with the provisions of Article 3, Ykoon B.V. shall use its best endeavours to repair and restore the affected Core Service within the following Response Times. Please note that these Response Times do not apply to any problem that has been caused due to any act or omission on the part of the Customer, its employees, agents, subcontractors, or caused by the Customer s Equipment or any Force Majeure event: Problem Response Time Target Time to Repair CRITICAL EVENT Complete IP-transit failure: any failure of Core Service causing loss of power to the Customer s Rack, e.g.: Failure of UPS, climate control failure, security breach actions of intruder IMMEDIATE response from time of problem being notified by Customer/ detected by Ykoon B.V. Within 1 hour. NON-CRITICAL EVENT Core Service affected but not critical, e.g.: Access Control failure, redundant IPtransit failure. IMMEDIATE response from time of problem being notified by Customer/ detected by Ykoon B.V. Within 4 hours. *###%( Ykoon B.V. aims to provide 100% of the Service Levels set out in Article 2 of this SLA. If it fails to do so, it will reimburse the Customer in One Month Fee Credits Calculation of a one month Fee Credit One Month Fee Credit equals the fee paid per month by the Customer for the Ykoon Colocation Services as specified in the Co-location Agreement. It does not include any additional services contracted by the Customer. If the Service is payable quarterly or annually, the One Month Fee Credit shall be calculated on a pro rata basis per month. Performance Period The performance period for Fee Credits is a calendar month. If more than one Critical Event occurs in any one month the Customer shall only be entitled to claim a single Fee Credit during that period in respect of all Critical Events. If any failure of the Customer s Equipment is caused by any combination of Critical Events occurring at the same time, the Customer shall only be entitled to a single Fee Credit for the failure so caused. Core services If any Critical Event occurs which leads to the immediate failure of the Customer s Equipment, the Customer shall be entitled to a One Month Fee Credit. If only a proportion of the total Racks used by the Customer are affected, the Fee Credit shall be calculated by Ykoon B.V. in its reasonable discretion, having regard to the overall effect of the Critical Event on the operation of the Customer s Equipment located in the Racks.

5 IP service level failures The IP-transit availability service level is 99.99% for Protected IP transit services and 99.98% for Standard IP transit services. Fee credit reimbursements are based on the cumulative unavailability - for reasons other than an Excused Outage in a given calendar month as follows: For Protected IP transit services: Cumulative unavailability (hh:mm:ss) One month fee credit 00:00:01 00:10:00 No credit 00:10:01 00:45:00 15 % 00:45:01 04:00:00 35 % 04:40:01 08:00:00 50 % 08:80:01 12:00:00 70 % 12:00:01 or greater 100 % For Standard IP transit services: Cumulative unavailability (hh:mm:ss) One month fee credit 00:00:01 00:10:00 No credit 00:10:01 00:45:00 5 % 00:45:01 04:00:00 10 % 04:40:01 08:00:00 20 % 08:80:01 12:00:00 30 % 12:00:01 16:00:00 40 % 16:00:01 24:00:00 50 % 24:00:01 or greater 100 % The intra-europe delay service level is 15 ms. It is measured as an average one-way delay over a calendar month for traffic on the Level (3) network between gateways. Fee credits are as below: Intra-Europe delay in excess of 15 ms One month fee credit ms 10 % ms 20 % ms 30 % ms 40 % ms 50 % 25.1 or greater 100 %

6 . The packet delivery service level is %. Package delivery is the average number of IP packets that transit the Level (3) network and are delivered by Level (3) to the intended destination in a calendar month. In the event the package delivery service level is not met for reasons other than an Excused Outage or as a result of any Off-Net local loop, Fee Credits are computed as follows: Packet delivery One month fee credit % 10 % % 20 % % 30 % % 40 % % 50 % or less 100 % The Cross Connect Service service level. Ykoon will exercise commercially reasonable efforts to install any Cross Connect Service on or before the Customer Commit Date specified for the particular Cross Connect Service. This Installation Service Level shall not apply to Customer Orders that contain incorrect information supplied by Customer or Customer Orders that are altered at Customer's request after submission and acceptance by Ykoon. In the event Ykoon does not meet this Installation Service Level for a particular Cross Connect Service for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the non-recurring charges ( NRC ) and/or monthly recurring charges ( MRC ) for the affected Cross Connect Service as set forth in the following tables: For Cross Connect Service: Installation Delay Beyond Service Level Credit Customer Commit Date 1 5 business days Amount of NRC 6 20 business days Amount of NRC plus charges for one (1) day of the MRC for each day of delay 21 + business days Amount of NRC plus one (1) months MRC Claiming Fee Credits The Customer shall be entitled to receive the applicable Fee Credit if it is claimed by the Customer within seven (7) days of the notification of the problem. To claim a Fee Credit, the Customer shall notify Ykoon B.V. within the time period specified above. Fee Credits shall be applied by Ykoon B.V. as a percentage reduction in the Fees payable to Ykoon B.V. and shall be included in the following Ykoon B.V. invoice. Exceptions Fee Credits will not be given where any service failure is caused by: (1) any Force Majeure event as defined in the General Conditions. (2) any act or omission of the Customer, its users or third parties acting on its behalf, (3) the necessary removal and re-allocation of the Customer s Equipment in the colocation area in accordance with any provision of the Co-location Agreement or with any planned maintenance.

7 Fee Credits will not be given where the Customer is in arrears of payment to Ykoon B.V. Fee Credits may only be claimed by the Customer for any service failure to its own Equipment. The Customer is not entitled to claim any Fee Credits on behalf of any of its customers for any consequential interruption or failure of any third party services provided by the Customer. In the event that Ykoon B.V. fails to provide the Service Levels specified in this SLA, the Customer agrees that the Fee Credits shall be its sole and exclusive remedy, except in cases where damage to the Customer s Equipment occurs as a result of any negligence or breach of contract on the part of Ykoon B.V. In such cases, the Liablity Clause of the General Conditions shall apply../&$(& +# Customer may decide to terminate an affected Ykoon Service prior to the end of the service term without termination liability if, for reasons other than an Excused Outage, the Service is unavailable for four or more separate occasions of more than two hours each, or for more than twenty four hours in the aggregate in any calendar month. Customer may only terminate the Service thus affected and must do so, in writing, within thirty days after the event giving rise to this right of termination. Except for any credits that have accrued pursuant to Article 5, this article (Art. 6) sets out te sole remedy of Customer for chronic outage or interruptions of any Ykoon Service. Excused Outage Any outage, unavailability, delay or other degradation of Service related to, associated with or caused by scheduled maintenance, actions or inactions of Customer or its end users, Customer provided power or equipment or an event of Force Majeur is considered an Excused Outage. $$#%-($#$$# Where it is necessary for Ykoon B.V. to carry out planned maintenance activities that will affect or can reasonably be expected to affect the Customer s operations Ykoon B.V. shall, as per its standard procedures which are available upon request, provide the Customer with a works approval form, detailing the nature of the work to be carried out and the time table for completion of the works.