1. Scope

1.1 This Service Level Agreement (the "SLA") sets out the availability that ON DIVERSITY CLOUD EUROPE, S.L. ("DIVERSITY") commits to for the Services listed in Section 3, how it is measured, and the service credits the Customer receives when DIVERSITY does not meet it. It is the SLA referred to in Section 5.2 of the General Terms (/general-terms/) and forms part of the Agreement.

1.2 Where the Specific Terms of a Service (/contracts/) state what this SLA covers or excludes for that Service, they prevail over this SLA on that point (General Terms, Section 3.2).

1.3 Capitalised terms not defined here have the meaning given in the General Terms.

2. Definitions

  • "Covered Service": a Service, or a part of a Service, listed in Section 3.
  • "Resource": one billable unit of a Covered Service, such as an Instance, a Server, a Link, a rack or a Broker.
  • "Downtime": a period of one minute or more during which a Resource is unavailable, as set out in Section 3, for a reason that is not excluded under Section 6.
  • "Monthly Availability": for each Resource and each calendar month, the total minutes in the month less the minutes of Downtime, divided by the total minutes in the month, expressed as a percentage.
  • "Monthly Fee": the fee for the affected Resource for the month concerned, excluding taxes and one-off charges.
  • "Planned Maintenance": maintenance that DIVERSITY announces under Section 6.2.

3. Covered Services and what counts as unavailable

Other Services, including professional services, SecOps, support, GPUs by the hour and training clusters, are not covered by this SLA unless the Order Form says so.

4. Commitment

DIVERSITY commits to a Monthly Availability of at least 99.9% for each Resource of a Covered Service.

5. Service credits

5.1 If the Monthly Availability of a Resource is below 99.9%, the Customer receives a service credit equal to the following share of that Resource's Monthly Fee:

5.2 DIVERSITY measures availability with its own monitoring and applies service credits automatically to the next invoice. A Customer that believes a credit is due and has not received it may claim it by Support Request within 30 days after the end of the month concerned, giving the dates, times and Resources affected.

5.3 Service credits for a month cannot exceed the Monthly Fee of the affected Resource. They are not paid in cash and are not transferable. Credits due when the Agreement ends are set against the final invoice.

5.4 Service credits are the Customer's financial remedy for availability failures, as Section 5.2 of the General Terms provides, without prejudice to Section 7 of this SLA and to the liability that cannot be limited by law (General Terms, Section 14.3).

6. Exclusions

6.1 Downtime does not include unavailability caused by:

(a) force majeure (General Terms, Section 15);

(b) the Customer's acts or omissions, or those of its users, including its equipment, software, configuration and the operating system of an unmanaged Service;

(c) the Customer's own connection, network or devices, or networks beyond DIVERSITY's network;

(d) a restriction or suspension under Section 8 of the General Terms or Section 12 of the Acceptable Use Policy;

(e) Planned Maintenance;

(f) the exclusions in the Specific Terms of the Service concerned;

(g) Services provided for testing or evaluation, or free of charge.

6.2 Planned Maintenance. DIVERSITY announces Planned Maintenance at least 7 days in advance, by email to the Customer's contacts and on https://status.ondiversity.cloud (opens in a new tab). Maintenance that is not announced in this way, including urgent maintenance, counts as Downtime.

7. Termination for repeated failure

If the Monthly Availability of a Resource is below 95.0% in two consecutive months, or in any three months within twelve, the Customer may terminate the Agreement for that Resource without penalty, by written notice given within 30 days after the last of those months. Any Savings Plan or minimum term commitment for that Resource ends with it.

8. Reports

On request, DIVERSITY provides the Customer with the Monthly Availability of its Resources for any of the previous twelve months. The current status of the Services is published at https://status.ondiversity.cloud (opens in a new tab).

9. Changes

DIVERSITY may change this SLA as Section 20 of the General Terms provides. A change does not reduce the commitment in a signed Order Form during its term.