Cloud Specific Terms

1. Scope

1.1 These Cloud Specific Terms apply to the Cloud services that ON DIVERSITY CLOUD EUROPE, S.L. ("DIVERSITY") provides under an Order Form: Instances, Object Storage, managed databases, Cloud Active Directory and managed identity and access (single sign-on). Private Link has its own Specific Terms (/contracts/private-link/).

1.2 These Specific Terms supplement the General Terms (/general-terms/) and the Acceptable Use Policy (/acceptable-use-policy/). They do not repeat what those documents settle. In particular, fees, invoicing and late payment (General Terms, Section 7), suspension (Section 8), personal data (Section 9 and the DPA), confidentiality (Section 10), liability (Section 14), notices (Section 18), and governing law and courts (Section 23) apply as written there.

1.3 Where these Specific Terms depart from the General Terms, they say so and prevail, as Section 3.2 of the General Terms provides. Capitalised terms not defined here have the meaning given in the General Terms.

2. Definitions

• "Instance": a virtual machine of one of the types in Section 3.1, running on KVM.
• "Unmanaged Instance": a VPS, VDS or MEM Instance.
• "Managed Instance": an MNG Instance.
• "Snapshot": a copy of an Instance's disk at a point in time.
• "Savings Plan": a commitment described in Section 8.3.

3. Description of the service

3.1 Instance types.

3.2 Dedicated resources. On VDS, MEM and MNG Instances, the resources allocated to the Instance are reserved for the Customer alone and are not oversubscribed. The Instance runs on a cluster shared with other customers, and the cluster's physical hardware and storage media are shared. A dedicated Instance is not a dedicated cluster or a dedicated server. Dedicated servers are provided under the Bare Metal Specific Terms (/contracts/bare-metal/).

3.3 Management. On Unmanaged Instances, DIVERSITY provides the virtual machine, its network and the infrastructure underneath. The Customer installs, configures, secures, updates and runs the operating system and everything above it. On Managed Instances, DIVERSITY also patches the operating system, monitors the Instance and makes backups (Section 7.5). Any further management is as stated in the Order Form.

3.4 Other Cloud services.

(a) Object Storage: S3-compatible object storage, a separate product from Instances. Buying Object Storage does not by itself back up an Instance.

(b) Managed databases: PostgreSQL, MySQL, Redis and MongoDB, each running on Managed Instances with the management described in Section 3.3.

(c) Cloud Active Directory, running on Managed Instances.

(d) Managed identity and access (single sign-on), including federation with the Customer's own identity provider.

3.5 Network. Uplink speed (from 1G to 10G), traffic (a monthly allowance or unlimited traffic) and IP addresses are properties of each Instance, as set out in the Order Form. They are not properties of Object Storage, Cloud Active Directory or single sign-on.

3.6 IP addresses. Each Instance has IPv4 and IPv6. By default, an Instance receives a single IPv6 address (a /128). The Customer may rent an IPv6 /56 and additional IPv4 blocks from /29 to /24.

3.7 Traffic above an allowance. The Customer may order a larger allowance or unlimited traffic in the Order Form. Traffic above the allowance is billed per additional block of traffic, as the Order Form sets out. Instead, the Customer may choose in the Order Form to have the traffic blocked when the allowance is reached.

4. Ordering and provisioning

4.1 The Order Form states the Instance types, quantities, configurations and site, and any other Cloud service ordered.

4.2 DIVERSITY aims to make an Instance available on the same working day as it accepts the order. This is a target, not a guaranteed time.

5. Service levels and support

5.1 The Cloud services are covered by the SLA (General Terms, Section 5.2).

5.2 Hardware failure. If the physical hardware under an Instance fails, DIVERSITY moves the Instance to another node. Cloud has no separate hardware-replacement commitment.

5.3 The SLA measures the availability of the service DIVERSITY provides. On an Unmanaged Instance, it does not cover the operating system, software or configuration that the Customer runs on it. Downtime caused by a restriction or suspension that results from the Customer's breach of the Acceptable Use Policy does not count as unavailability (Acceptable Use Policy, Section 12.6).

5.4 Support is provided under the Support Specific Terms (/contracts/support/).

6. The Customer's obligations

6.1 On Unmanaged Instances, the Customer is responsible for the security and updating of the operating system and software it runs (Acceptable Use Policy, Section 9), for its own backups (Section 7.4), and for the licences of the software it installs.

6.2 On Managed Instances, the Customer must not disable or work around the patching, monitoring or backups that DIVERSITY runs. DIVERSITY is not responsible for a failure of that management caused by a change the Customer makes.

6.3 Where the Customer federates its own identity provider with single sign-on, the Customer is responsible for that identity provider, its accounts and its configuration.

7. Data, backups and location

7.1 Location. Instances, Object Storage, managed databases, Cloud Active Directory and single sign-on are provided in the site selected in the Order Form: Madrid (MAD1), Amsterdam (AMS1), Munich (MUN1) or Helsinki (HEL1) (General Terms, Section 9.4).

7.2 One site. An Instance runs in one site. DIVERSITY's sites are linked by its own Layer 2 network, but nothing is replicated or failed over between sites unless the Customer designs and buys it.

7.3 Snapshots. A Snapshot is not a backup, unless the Order Form says otherwise.

7.4 Unmanaged Instances. Backups of Unmanaged Instances are the Customer's responsibility (General Terms, Section 13), unless the Order Form includes a backup service.

7.5 Managed Instances. Backups are included in Managed Instances, including the managed databases and Cloud Active Directory that run on them. The Order Form states the backup schedule and retention.

7.6 Security. Data that DIVERSITY stores or transmits to provide the Cloud services is encrypted in transit and at rest. The protection of the Customer's own traffic to and from its services depends on the protocols the Customer uses. Only authorised DIVERSITY staff located in the European Union can access the infrastructure, and their administrative access is logged and requires multi-factor authentication. The Data Act page (/data-act/, Section 5.3) describes these measures.

8. Term, renewal and termination

8.1 Minimum term. Each Instance and each other Cloud service has a minimum term of one month from the date it is made available.

8.2 After the minimum term. After the minimum term, the service continues from month to month. Either party may end it by written notice, with effect from the end of the monthly period in which the notice is given. This replaces the renewal and notice rule in Section 16.1 of the General Terms. Where the Order Form sets a longer committed term, the service runs for that term and then continues from month to month in the same way, unless the Order Form provides otherwise. Resources under a Savings Plan follow Section 8.3.

8.3 Savings Plans.

(a) The Customer may commit to a quantity of a Cloud resource for 12 or 36 months in exchange for a discounted rate, as stated in the Order Form.

(b) The committed quantity is billed monthly at the discounted rate for the whole term of the Savings Plan, with no upfront payment. The discounted rate is fixed for that term: the annual fee review in Section 7.4 of the General Terms does not apply to it. Usage above the committed quantity is billed at the standard rate.

(c) A Savings Plan binds the Customer for its full term. The Customer pays the committed quantity every month until the term ends, even if it uses less or deletes the Instances concerned, and cannot end the Savings Plan early for convenience. This does not affect the Customer's rights under Sections 15.2, 16.2 and 20.2 of the General Terms.

(d) If the Customer switches provider under Section 17 of the General Terms before a Savings Plan ends, it owes no further monthly payments under the plan. Instead, as an early termination charge, it repays the discount it has received: the difference between the standard rate and the discounted rate for the committed quantity, for the months already billed.

(e) A Savings Plan does not renew automatically unless the Customer asks for it. When it ends without renewal, the resources it covered are billed at the standard rate.

9. Billing specifics

Rented IPv4 blocks and IPv6 prefixes, traffic above an allowance where the Order Form bills it, and usage above a Savings Plan's commitment are billed as the Order Form sets out. Prices appear only in the Order Form.

10. End of service

10.1 Deletion. When an Instance is deleted, or the service ends (in that case after any retrieval period under Section 17.4 of the General Terms), its disk is deleted and the space it used is zeroed before it is allocated again. Snapshots and backups are deleted and zeroed in the same way. Deleted data cannot be recovered, so the Customer should export what it needs first.

10.2 Export. The Customer may export its data under Section 17 of the General Terms. The exportable data and formats are those in the register on the Data Act page (/data-act/, Section 6.2):

Passwords are not exported in readable form.

11. Exclusions

Unless the Order Form provides otherwise, the Cloud services do not include:

(a) a dedicated cluster or dedicated physical hardware;

(b) management of the operating system or software on Unmanaged Instances;

(c) backups of Unmanaged Instances, or Snapshots that serve as backups;

(d) replication or failover between sites;

(e) a hardware-replacement commitment.