Service Level Agreement (“SLA”) Bare Metal Services
This Service Level Agreement defines the different service level objectives that Scaleway undertakes to comply with in the context of the Covered Service, as well as their scope of application.
Definitions
“Resource”: means a dedicated server in the Elastic Metal, Dedibox or Apple silicon range.
“Covered Service”: means the Elastic Metal, Dedibox or Apple silicon Service provided by Scaleway.
“Unavailability Period”: means the loss of external connectivity to the running Resource during a continuous period of at least five (5) minutes.
Being specified that the following events shall in no circumstances be considered as an Unavailability Period:
- Any unavailability that occurs during a Maintenance Window;
- Any intermittent unavailability lasting less than five (5) consecutive minutes;
- Any unavailability due to a hardware failure (which is covered by the GTI);
- Any unavailability that occurs during a process necessary for the proper functioning of the resource (installation, reboot, update, etc.).
“Maintenance Window”: means a period of time during which Scaleway (or one of its subcontractors) performs maintenance activities on the infrastructure (physical, network or software) upon which the Covered Service is based. This includes any updates of the aforementioned infrastructure.
“Monthly Availability Rate'' or “MAR'': means the availability rate of a Resource for a given calendar month, determined by the following formula:
It being specified that:
- Tt: Total number of minutes in the relevant month;
- Tpit: Number of minutes of unavailability recorded during every Unavailability Period that occurred in the relevant month.
“Hardware Failure”: means any technical incident occurring as a result of a hardware failure of a component of a Resource (such as, but not limited to: hard disk, motherboard, memory card, power supply, fan, etc.) resulting in the complete and prolonged unavailability of said Resource (excluding performance problems such as latency problems, server overheating, overload, etc., which do not constitute unavailability of the Resource as such).
“Time of Intervention”: means the time elapsed between the intervention request issued by Scaleway technical support, once the hardware issue has been confirmed, and its acknowledgement by the technical team in charge of resolving the incident.
In the event of an intervention on a Resource requiring the Client's prior approval (such as, but not limited to, the replacement of the motherboard or the complete replacement of the server), the calculation of the Time of Intervention will only begin once Scaleway technical support has received the Clients written approval.
Service Level Objectives “SLO”
Service availability
Scaleway undertakes to ensure the availability of power supplied to the Resource and connectivity according to the following Service Level Objectives.
| Bare Metal Server | Monthly Availability Rate |
|---|---|
| Dedibox - Start | 99.90% |
| Dedibox - Pro, Store | 99.95% |
| Dedibox - Core | 99.99% |
| Elastic Metal - Aluminium | 99.90% |
| Elastic Metal - Beryllium, Lithium | 99.95% |
| Elastic Metal - Iridium | 99.99% |
| Apple silicon - Mac mini | 99.95% |
The SLO described hereinabove shall in no circumstances apply to any components under Client's control, such as, but not limited to, any software and/or applications installed and used by the Client in connection with the Covered Services.
Hardware Failure
In the event of a confirmed Hardware Failure on a Resource, Scaleway undertakes to comply according to the following Guaranteed Time of Intervention (“GTI”).
| Selected Support plan | Guaranteed Time of Intervention |
|---|---|
| Basic (included) | Three (3) hours in Business Hours Five (5) hours out of Business Hours |
| Silver, Gold Business (Dedibox) | Two (2) hours in Business Hours Four (4) hours out of Business Hours |
| Platinium | One (1) hours in Business Hours Three (3) hours out of Business Hours |
The restoration time of a Resource depends on the operations necessary to restore the availability of the hardware. In case of a Hardware Failure that cannot be repaired or requires more advanced technical intervention, the Client may be redirected to another identical or equivalent machine and no longer be charged for the defective machine.
Compensation
In the event Scaleway does not comply with the SLO described hereinabove during a given calendar month, the Client is entitled to request a compensation, it being specified that (i) the Client shall have paid all invoices issued by and due to Scaleway in connection with the Services, (ii) the Client shall have notified Scaleway the non-respect of the SLO within the specified time limit; and (iii) the Client shall cooperate in good faith with Scaleway to resolve the issue, and in particular:
- by remaining available during the entire period necessary for resolving the issue encountered;
- by providing all the information reasonably available to the Client regarding the issue encountered;
- by carrying out any verification that may reasonably be necessary to resolve the issue encountered.
It is expressly agreed that the compensation granted by Scaleway constitutes an all-inclusive payment for all damages resulting from Scaleway’s failure to comply with the SLO and that the Client expressly waives its right to any other claim, complaint or action.
The compensation shall take the form of a credit which shall be applied by Scaleway on the invoice issued for the Covered Service, following the month during which the Client’s request was issued.
The amount of the compensation granted by Scaleway is determined according to the following table and corresponds to a percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO during a given month. The Client acknowledges that this compensation cannot under any circumstances be reimbursed in cash.
| Monthly Availability Rate (“MAR”) | Compensation | ||
|---|---|---|---|
| Dedibox Start Elastic Metal Aluminium | Dedibox Pro/Store Elastic Metal Beryllium/Lithium Apple silicon | Dedibox Core Elastic Metal Iridium | Service credit equal to a percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO |
| 99.0% < MAR < 99.90% | 99.0% < MAR < 99.95% | 99.0% < MAR < 99.99% | 10% |
| 95.0% < MAR < 99.0% | 95.0% < MAR < 99.0% | 95.0% < MAR < 99.0% | 25% |
| MAR < 95.0% | MAR < 95.0% | MAR < 95.0% | 50% |
Service credit equal to a percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO
| Time of Intervention | Compensation |
|---|---|
| Time of Intervention > GTI | 5% for every thirty (30) minutes of additional intervention delay that has elapsed, up to a maximum of 50% |
Where a same technical incident results in a breach of both SLO (Service availability and Hardware failure) for a same Resource, the service credits resulting from this breach are not cumulative and the service credit that is most beneficial to the Client is then applied.
Request for compensation
Client’s request for compensation must be submitted via a Support ticket. The request must be issued no later than thirty (30) days following the month during which the applicable Resources did not comply with the SLO. Failing that, no compensation can be claimed by the Client with respect to such breach of the SLO.
In addition to its request, the Client must provide Scaleway with the server log files indicating the Unavailability Periods of the impacted Resources as well as the date and time at which they occurred. Client’s failure to comply with these requirements may result in the withdrawal of its right to compensation. In the event of a dispute regarding this SLA, Scaleway will take a decision in good faith based on the information provided by the Client as well as its own system logs, monitoring reports, configuration records and any other available information.
Maximum compensation
The amount of the total compensation granted by Scaleway over the course of a given calendar month shall under no circumstances exceed fifty percent (50%) of the monthly amount invoiced to the Client for all the Resources that failed to comply with the SLO during the course of such month.
Exclusions
No compensation shall be granted to the Client if the failure to comply with the SLO is due to any of the following reasons:
- Force Majeure events;
- Act of a third party;
- Client’s fault or wrongful acts;
- Improper Client configuration;
- Failure of the Client to fulfill its contractual obligations;
- Unavailability of the Services occurring during a Maintenance Window;
- Misuse (or non-conforming use) of the Services by the Client (such as but not limited to: running an image version not supported by the Covered Service, cryptocurrency mining or any activity that degrades hardware equipment);
- Forced shutdown of the Resource by the Client (in the specific case of Apple silicon), despite the protections in place. An automatic restart within 24 hours will enable the Client to regain access to the machine.
- Suspension of the Services pursuant to the General Terms of Services or the applicable Specific Conditions;
- Client’s internet connection issues;
- Unavailability of the hardware component due to lack of stock;
- Failure of the Client to cooperate in good faith with Scaleway to restore the availability of the Resources;
- Services or functionalities in Beta test phase or which have not been made available in a “General Availability” phase;
- Services or functionalities for which there are no SLO explicitly described in the SLA.
Applicable from July 17st, 2024
Last modified: 07/17/2024