Service Level Agreement (“SLA”) Virtual Private Cloud (VPC)

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

“VPC Resource” or “VPC”: means a Virtual Private Cloud resource.
“Private Network”: means connecting Scaleway resources across multiple AZs within the same region, so that they can communicate between themselves in an isolated and secure layer 2 network.
“Public Cloud Resource”: means any Scaleway resource that can be attached to a Private Network of a VPC, such as but not limited to:

• An Instance
• An Elastic Metal server
• A Kapsule cluster
• A Managed Relational Database
• A Load Balancer
• A Public Gateway

“Covered Services”: means the “Virtual Private Cloud” services provided by Scaleway. This includes:

• VPC Private Networks
• VPC DHCP (Dynamic Host Configuration Protocol) service
• VPC DNS (Domain Name System) service
• VPC IPAM (IP Address Management) service for IPs in Private Networks
• VPC Routing service
• VPC ACL (Access Control List) service

“Unavailability Period”: means two (2) Public Cloud Resources attached to one (1) Private Network of a VPC (or attached to different Private Networks of the same VPC) cannot communicate with each other and all attempts to communicate with each other are unsuccessful during a continuous period of at least one (1) minute, under the condition that the routing and ACL services (if enabled) applied to this VPC would enable the communication between these two (2) Public Cloud Resources under normal conditions.
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 a full minute.

“Maintenance Window'': means a period of time during which Scaleway performs maintenance activities on the infrastructure (physical, network or software) upon which the Covered Service is based. This includes any updates of the VPC capabilities and functionalities that may involve temporary unavailability of the VPC.
“Monthly Availability Rate” or “MAR”: means the availability rate of a Covered Service for a given calendar month, determined by the following formula:

It being specified that:

• Tt: Total number of minutes in the relevant month (in case the Client partially runs a Covered Service during the course of a month, it is assumed that such Covered Service is 100% available for the portion of the relevant month that it was not running);
• Tpit: Number of minutes of unavailability recorded during every Unavailability Period that occurred in the relevant month.

Service Level Objectives “SLO”

Scaleway undertakes to comply with the following Service Level Objectives:

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 Services.

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 voucher which shall be applied by Scaleway on the invoice issued for the Public Cloud Resources impacted, 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 Public Cloud Resources impacted by the Covered Services 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.

Request for compensation

Client’s request for compensation must be issued via support ticket no later than thirty (30) days following the month during which the applicable Covered Services 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 Covered Services and Public Cloud 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.

The Customer expressly acknowledges that the compensation granted by Scaleway in the context of the present SLA is not cumulative with any other compensation that would be allocable under the specific SLA applicable to each Public Cloud Resources impacted by the Covered Services that failed to comply with the SLO. Scaleway will not grant any additional compensation under the different SLA applicable to such impacted Public Cloud Resources on top of the compensation granted within the framework of this SLA.

Maximum compensation

The total amount of 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 Public Cloud Resources impacted by the Covered Services 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;
• 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: misconfiguration of the network configuration of a Public Cloud Resource attached to a Private Network, misconfiguration of the Covered Services, manual modification of network configuration of a Public Cloud Resource attached to a Private Network, replacing Scaleway’s managed configuration;
• Suspension of the Services pursuant to the General Terms of Services or the applicable Specific Conditions;
  Global Scaleway underlying network outage affecting the region hosting the VPC;
• Failure of the Client to cooperate in good faith with Scaleway to restore the availability of the VPC 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.

Last update: v1, November, 25th 2024