Updated: February 26, 2019
This Service Level Agreement ("SLA") for Utility Storage sets forth the service levels ("Service Levels") for the Utility Storage Service (the "Storage Service") provided to Customer by CenturyLink. This SLA is subject to and incorporated into the Agreement, including the Hosting Service Schedule between the parties ("Agreement").
In the event of a Service Level Failure, Customer may be entitled to receive the applicable service credit set forth herein ("Service Credit").
The Storage Service is provided with an Availability Service Level of 99.99% availability, subject to the terms and conditions of this SLA. The Storage Service is considered available when the data residing within the Storage Service is accessible by Customer or is available for access as reasonably determined by CenturyLink. Availability Service Level is calculated by dividing the number of minutes of uptime in a calendar month by the total number of minutes in that calendar month. An Availability Service Level Failure shall occur if the Availability Service Level falls below 99.99% ("Availability Service Level Failure"). In the event of an Availability Service Level Failure the Customer may be entitled to a Service Credit equal to 20% of the Monthly Recurring Charge for the Affected Service. In addition, Customer will be entitled to a Service Credit under the Managed Hosting SLA Attachment on any Managed Hosting Service(s) impacted by the unavailability of the Storage Service.
Customer must request any Service Credit due hereunder by submitting an e-mail to email@example.com within sixty (60) calendar days of the conclusion of the month in which the Service Level Failure(s) occurs. Customer waives any right to Service Credits not requested within this sixty (60) calendar day period. Service Credits will be issued once validated by CenturyLink and applied toward the invoice which Customer receives no later than two (2) months following Customer's Service Credit request. All performance calculations and applicable Service Credits are based on CenturyLink records and data unless Customer can provide CenturyLink with clear and convincing evidence to the contrary.
"Affected Service" means the Storage Service whose associated data set is actually unavailable.
"Emergency Maintenance" means unscheduled maintenance to the Services which must be performed on an emergency basis where failure to do so is likely to result in an imminent and/or material service deficiency (i.e. the installation of new virus or worm patches that are released by our software vendors that must be immediately applied to prevent infections of servers, core networking gear and/or firewalls that support the solution). Emergency Schedule may limit or suspend the availability of the Services. Emergency Maintenance will be performed without advance notice to Customer because of its immediate nature.
"Maintenance Windows" are posted here and are subject to change at any time.
"SAN Connect" (or "Storage Area Network Connect") means dual paths on the Utility Storage fibre channel Storage Area Network. It includes fibre-channel cabling and switching infrastructure between the storage system(s) and the attached managed hosting infrastructure.
"Utility Storage Service" means a managed storage service that includes use of a storage area network which is provided and managed by CenturyLink.
This SLA provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. This SLA and any remedies hereunder will not apply and a Service Level Failure shall not be deemed to have occurred and Customer will not be entitled to receive a Service Credit (a) during any period in which Customer provided hardware and/or software maintenance contracts are not current; (b) if any inconsistencies in the storage environment or unavailability of the Service results from changes in the Customer's source environment, including either intentional or accidental connections or disconnections to the storage environment; or (c) in the event of an Excluded Event. Excluded Event means any event that adversely impacts the Service that is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink; (c) Force Majeure events; (d) Scheduled Maintenance and/or Emergency Maintenance; (e) any suspension of Service pursuant to the Agreement; or (f) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information. Customer will not be eligible to receive any otherwise applicable Service Credits if Customer is in breach or default under any provisions of the Agreement at the time the Service Level Failure(s) occurred or at the time when such Service Credit is requested by Customer until such breach is cured, at which point the Service Credit will be issued. The Storage Service SLA is available for those customers utilizing SAN Connect, or Utility Storage Service included in Managed Hosting Services. In order to be eligible for the Storage Service Availability Service Level (described herein) all host servers must (i) access the Utility Storage Service via SAN Connect using dual paths and multipath software functioning for automatic failover.
The Service Credits set forth herein are not cumulative and in no event will the Service Credits accrued in any calendar month exceed, in the aggregate across all events, the lower of twenty percent (20%) of the MRC for the Affected Service or five thousand USD (5,000.00 USD) in the calendar month in which a Service Level Failure occurred.