Appendix 4 Service Level Agreement (SLA) Data Center Services Document no. Document name I-B-VG-006 Anhang4_DatacenterSLA.docx Version/Date Version 2.1, Month dd, 2011 Classification Written by PUBLIC Roman Pfund Released on 10/20/2011 Released by MB Valid from 10/20/2011 Valid until Applies to Responsible Key words Short description Until revoked Data Center Services Information Security Officer ISO SLA, Service Level Agreement Service Level Agreement for Green Datacenter AG Datacenter Services
Contents 1 Introduction... 3 2 Service Level Details... 4 2.1... Service Credit for Unavailability... 4 2.2... Reporting of downtime... 5 2.3... Guarantee exclusions... 5 2.4... Downtime management... 5 2.4.1 Support obligations 6 2.4.2 Escalation process started by the Customer 7 2.4.3 Customer obligations 7 2.5... Maintenance windows... 8 2.6... Demarcation points... 8 2.7... Measurement... 8 2.8... Downtime... 8 2.9... Exclusions... 9 2.10... Warnings... 9 2.11... Coordination... 9 2.12... Customer responsibility in the case of a Power outage... 9 2.13... Anonymity... 10 2.14... Unauthorized access... 10 2.15... Cancelling services... 10 3 Legal Terms and Conditions... 11 3.1... General terms and conditions... 11 3.1.1 Definitions 11 3.1.2 Restrictions 11 3.1.3 Use of personal data 11 3.1.4 Changes 11
1 Introduction This Service Level Agreement (SLA) applies to the services described in the Framework Agreement. The SLA guarantees the Customer a defined quality and, in the case of non-provision of services on the part of Green Datacenter AG, entitles the Customer to a refund of the monthly fees or a part thereof (hereinafter referred to as Service Credit for Unavailability ). Anhang4_Datacenter_SLA_EN.docx Page 3
2 Service Level Details The level of service is provided when the Customer builds a fully redundant IT infrastructure with two separate USV1 and USV2 electric circuits at a Green Datacenter AG location. Racks and components are to be set up according to the cold aisle principle. I. Guarantees Green Datacenter AG guarantees 99.99% availability of the services named below. Downtime in part of a redundant system is not considered downtime. A single functioning electrical circuit, for example, is considered functional for the purposes of this agreement. If Green Datacenter AG is not able to comply with the agreed guarantees, the Customer acknowledges and agrees that the credits agreed to in the SLA represent the Customer s sole and exclusive compensation. II. Power supply Green Datacenter AG guarantees to provide the Customer with the contractually agreed AC or DC power (hereinafter referred to as Power ) at least 99.99% of the time each calendar month. When a request for a service credit is received, Green Datacenter AG will calculate the period during which the Customer did not have Power. III. Availability of cooling Green Datacenter AG guarantees to provide the Customer with the contractually agreed cooling in a temperature range of 64 F (18 C) to 79 F (26 C) and a relative humidity between 40% and 60% at least 99.99% of the time each calendar month. The guaranteed temperature and humidity will be measured in the contained cold aisle. The climatic conditions in the individual racks are excluded from this guarantee. When a request for a service credit is received, Green Datacenter AG will calculate the period during which the Customer did not have cooling. IV. Calculation of availability 2.1 Service Credit for Unavailability Green Datacenter AG offers the following credits as soon as service availability falls below the guaranteed threshold. This table shows the credits as a percentage of the base monthly recurring charge (MRC). Operating time 99.99% 99.9% 99.5% 99.3% less than 99.3% Credit No credit 10% of the MRC 20% of the MRC 30% of the MRC 40% of the MRC Anhang4_Datacenter_SLA_EN.docx Page 4
2.2 Reporting of downtime Green Datacenter AG informs the Customer s technical contact either by phone or e-mail (written notification is sent to the contact in the contact data given to Green Datacenter AG). 2.3 Guarantee exclusions Defective devices that are under the Customer s control and that cause, for example, a short circuit Downtimes that are a result of necessary maintenance that was refused by the Customer Downtimes caused by equipment and circuits not operated or controlled by Green Datacenter AG Downtimes caused by changes made by the Customer or third parties without informing Green Datacenter AG, without the consent of Green Datacenter AG, or without being coordinated with Green Datacenter AG Downtimes caused by changes or updates made at Customer s request Criminal or terrorist activities on the part of the Customer Third party criminal or terrorist offenses against Green Datacenter AG or its subcontractors Published maintenance times The Customer and all persons who enter the Green Datacenter AG data center on the Customer s behalf are familiar with the Data Center Rules and Regulations and conduct themselves accordingly Service interruptions caused by the Customer through manipulation of air conditioners or overloading the electrical circuit as well as large fluctuations in power consumption are excluded from the guarantees listed above Green Datacenter AG assumes no reliability for the effects of acts of force such as natural catastrophes or terrorist attacks The SLA guarantees are subject to change due to new technical features and changed guidelines 2.4 Downtime management Our data center philosophy is to provide the Customer with the highest availability and service quality. In the case of disturbances, our main objective is to quickly repair the disturbance and restore service availability. We guarantee that the Service Level Agreement with the Customer will be fulfilled. The benefit for the Customer is a limitation of the impact on business operations. Disturbances and downtime related to reactively controlled services must be reported by the Customer. When downtime is reported, a trouble ticket is opened and analyzed, and the service is restored in accordance with the service level agreed for this service. Disturbances and downtime related to proactively controlled services are reported by the monitoring system. The Customer is informed in accordance with the service level agreed for this service. If downtime impacts the Customer s business operations, the Customer must open a trouble ticket over the appropriate channel. Anhang4_Datacenter_SLA_EN.docx Page 5
2.4.1 Support obligations Determine and check the authorization of the person who submits the incident and compare it with the Service Level Agreement between the Customer and Green Datacenter AG Start the downtime management process which includes: 1. Receipt of the incident, opening a trouble ticket, and confirmation 2. Using internal and external means to prioritize, coordinate, and monitor the troubleshooting process 3. Informing the Customer about measures taken, interim solutions, and the final solution 4. Informing the Customer about the restoring of server availability 5. Analyzing the cause of the disturbance and making recommendations for further action (change management) In the case of unexpected delays during troubleshooting that could lead to a violation of the agreed SLA, an internal escalation process will be automatically started. Depending on the type of problem, the first escalation level is either an internal senior employee or sales/subcontractor support. At this point in time, the manager on duty will be involved to ensure that the SLA is adhered to during the escalation process and that the problem is solved in a timely manner. Anhang4_Datacenter_SLA_EN.docx Page 6
2.4.2 Escalation process started by the Customer If the Customer is concerned that the speed or quality of the support or troubleshooting process could seriously impact their business, then the Customer can independently trigger the escalation process. Contact Customer Care Support Engineer Commercial or technical Account Manager Support Supervisor CMO Technical Operations Manager CTO CEO Diagram 1 Escalation process 2.4.3 Customer obligations I. The Customer supplies all required contact information, including contacts for escalating the delivered services, and ensures that any changes are updated in a timely manner. II. The Customer supplies Green Datacenter AG with a list of all persons who are authorized to access support. III. The Customer implements suitable methods for identifying these authorized persons. IV. The Customer ensures that information about changes to the configuration, interfaces, channels, applications, and systems that are relevant to the provision of joined services are supplied to Green Datacenter AG and are kept up to date. V. The Customer is responsible for maintaining all of their applications. Green Datacenter AG is not responsible for maintaining Customer applications or Customer data. VI. Only equipment that is in good condition and that poses no danger to persons and property may be installed. Anhang4_Datacenter_SLA_EN.docx Page 7
2.5 Maintenance windows For the purposes of this Service Level Agreement, planned maintenance is necessary in order to provide the services or to update the infrastructure. Planned maintenance windows are defined in advance and published at http://status.green.ch. In addition, customers will be informed of a planned service interruption for maintenance work at least 48 hours in advance. Green Datacenter AG sends an e-mail to the Customer s designated (in writing) technical contact containing information about the planned service interruption and the type of the interruption. This e-mail is valid for all purposes arising from this document, even if the Customer and/or their representative was not able to receive the e-mail due to e-mail system problems, downtimes, incorrect Customer contact information, or for other reasons. 2.6 Demarcation points This SLA is associated with the Green Datacenter AG data centers. All guarantees with respect to performance and operability apply solely to Green Datacenter AG managed equipment that connects Customer-managed equipment to our providers. These providers include power companies, landlords, and other telecommunications companies. If the Customer manages their own equipment, the Green Datacenter AG area of responsibility ends at the patch panel coming from the patch room and at the enclosure sockets. 2.7 Measurement Downtime for the availability guarantees (also for those that do not have service credits) does not include non-availability due to planned downtime agreed with the Customer; nor hardware errors; nor any acts or omissions on the part of the Customer and/or the Customer s users; nor Customer refusal of a credit; nor any other reasons outside the control of Green Datacenter AG, such as an act of force majeure. 2.8 Downtime Downtime is defined as follows: It begins when the failure occurs and ends when a Green Datacenter AG employee demonstrates the solution to the problem. There is no other measurement of downtime, and all times used for this calculation are recorded by Green Datacenter AG. Operating times are calculated independently for each service, where the worst value (the longest downtime) is used to calculate the credit for the Customer. Anhang4_Datacenter_SLA_EN.docx Page 8
2.9 Exclusions No SLA credit will be granted if a service is not available for a specific period of time if this time or a part of this time is due to one of the following reasons: 1. Downtime of equipment on the Customer s premises (if it does not belong to Green Datacenter AG), at the Customer s location (such as due to a Power outage) or of equipment belonging to one of the Customer s providers; 2. Natural catastrophes, terrorist attacks, or other catastrophic events; 3. Downtime due to magnetic/electromagnetic interferences or electrical fields; 4. Negligence or omission on the part of the Customer (or Customer employees, representative, or subcontractor), such as: a. Customer delays in delivering required equipment; b. Failure to grant Green Datacenter AG sufficient access to facilities for testing purposes; c. Failure to grant access to Customer premises when reasonably requested by Green Datacenter AG (or a Green Datacenter AG representative) to allow Green Datacenter AG to fulfill their service obligations; d. Failure to take appropriate countermeasures regarding services as recommended by Green Datacenter AG or preventing Green Datacenter AG from performing these countermeasures themselves; e. Failure to use redundancies as offered in the relevant service level; or 5. Negligence or intentional malpractice on the part of the Customer, including failure of the Customer to follow agreed processes; 6. The Customer prevents or delays entry to the cage; 7. All planned maintenance windows if the Customer was informed thereof, and emergency maintenance carried out to prevent future downtimes; 8. Shutting off or interruption of services by Green Datacenter AG if the Customer has not paid an invoice within 60 days of the invoice date, or for other sufficient reasons. Customer equipment may not consume more Power than the power lines can deliver to each point. Since equipment requires more Power in the boot phase, Green Datacenter AG recommends an automatic switch-on delay to prevent overloading during a reboot after an Power outage. Overloading for this reason would be considered a design error on the part of the Customer and would therefore not be covered by this SLA. 2.10 Warnings It is the responsibility of the Customer to open support incidents for all open problems. Creation of an automatic warning on the part of Green Datacenter AG is not a confirmation of a problem on the part of Green Datacenter AG. Only a correctly opened ticket can be used to calculate downtimes and credits. 2.11 Coordination When working together with Green Datacenter AG employees, all activities (except for 24/7 support) must be coordinated in advance. This includes access, replacing spare parts, new installations, and equipment removal. 2.12 Customer responsibility in the case of a Power outage After a Power outage, it is the Customer s responsibility to take the necessary steps to get Customer equipment online again. As mentioned in the Measurement section, this time is not included in the official downtime, since Green Datacenter AG has no control over how fast the Customer reacts with respect to the Customer s own system. Anhang4_Datacenter_SLA_EN.docx Page 9
2.13 Anonymity The Customer undertakes to not publish or otherwise disclose the location of Green Datacenter AG facilities to unauthorized third parties. This does not include parties who have a legitimate reason for needing this information, such as employees who carry out the physical maintenance on Customer equipment. Customer signs, markings, and logos are not permitted on the outside surfaces of a Green Datacenter AG data center. In addition, the Customer is not allowed to make any photos or video recordings without express written permission. 2.14 Unauthorized access Any attempt on the part of the Customer to access equipment, racks, cages, or other areas to which the Customer is not authorized by Green Datacenter AG is strictly prohibited. 2.15 Cancelling services When a service is cancelled, the Customer must return all equipment belonging to Green Datacenter AG to the Green Datacenter AG data center within thirty (30) days after the contract ends. In the same way, equipment that belongs to Green Datacenter AG suppliers must be returned to their location. The Customer is responsible for all associated fees. For a charge, a Green Datacenter AG technician can be commissioned to collect the equipment, send it by post or other method. In the following cases, the Customer is liable for the costs of replacement hardware: If the equipment is lost or is not returned within thirty (30) days after the contract ends. If the state of the equipment is such that Green Datacenter AG cannot use the hardware for another Customer; time-related wear excluded. Anhang4_Datacenter_SLA_EN.docx Page 10
3 Legal Terms and Conditions 3.1 General terms and conditions This document ( Service Level Agreement (SLA) ) describes the Green Datacenter AG Data Center Services. This document is an appendix to the signed Customer Order Confirmation between the Customer and Green Datacenter AG. 3.1.1 Definitions All capitalized terms that are not defined here have the same meaning as in the Green Datacenter AG General Terms and Conditions (also available in German and French) and in the specific agreements that are part of the signed Customer Order Confirmation. The General Terms and Conditions are a separate document whose acceptance is a condition of this document. 3.1.2 Restrictions All forms of compensation for Green Datacenter AG services are limited to the scope defined in this document. No credit or payment will be issued for any reason or in any scope other than that given here, including but not limited to business losses on the part of the Customer due to downtimes 3.1.3 Use of personal data Green Datacenter AG customers agree that Green Datacenter AG (or one of its subsidiaries) can process personal data in agreement with the guidelines published at www.green.ch. 3.1.4 Changes Green Datacenter AG retains the right to change this document as long as the Customer is informed before the changes become effective. If the changes have a major impact on services, the service fee or other obligations arising from this agreement, then the Customer can terminate the agreement in writing with a six (6) month notice period. Anhang4_Datacenter_SLA_EN.docx Page 11