This Support SLA (the “SLA”) is part of the Agreement for Managed Infrastructure and Managed Operations customers only and is subject to the terms of the Agreement.
1. Definitions: For the purposes of this SLA:
“Affected Components” of your Hosted System means the Service(s) that have been affected by the failure to meet this SLA and include the initial Service that failed plus any Service(s) that become inaccessible or unable to perform their intended purpose under the Agreement as a result of the initial Service’s failure.
“Monitoring” means Rackspace Cloud Monitoring Service found here: http://www.rackspace.com/cloud/monitoring/ .
“Unavailability” means that your Services have failed to respond to the Monitoring and that the Services are unable to send and receive information for the purpose in which they have been designed.
Capitalized terms not defined in this SLA shall have the meaning ascribed to them elsewhere in the Agreement.
2. Support SLA
In the event that Rackspace’s Support activities for your Services result in unplanned Unavailability, you are entitled to a credit of 5% of the fees for the Affected Components for every half hour (or part thereof) of unplanned Unavailability, up to a maximum of 100% of the fees for such Affected Components in the monthly billing period.
3. Limitations and Exclusions.
3.1 This SLA shall not apply in the event that (i) you cause or request any change that results in Unavailability or interferes with our ability to provide the Services; (ii) Unavailability occurs due to external factors or circumstances outside of our control, including denial of service attacks, virus attacks, hacking attempts and spikes in network traffic or application utilization; (iii) Unavailability occurs due to deficiencies, bugs or errors in your application, application code, data structures, system software, operating system; or any vendor supplied patches; (iv) Unavailability occurs as a result of any unsupported third party products or third party services (or their interaction with the Services); or (v) we take an action which we reasonably believe is necessary to protect you, the Rackspace network or our other customers that results in Unavailability.
3.2 This SLA shall not apply in the event that you fail to implement appropriate Monitoring for your Services or, disable, block, remove, or otherwise interfere with the Monitoring for the Services.
3.3 You are not entitled to a credit for Unavailability during Maintenance. “Maintenance” means either:
• Scheduled Maintenance (e.g. repairs, modifications, or upgrades) that is announced at least ten (10) Business Days in advance;
• Scheduled customer maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades; or
• Emergency Maintenance (e.g. critical unforeseen repairs, modifications, or upgrades) needed to ensure security or reliability.
3.4 You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement or your misuse of Rackspace’s cloud system.
4.1 Credits will be calculated as a percentage of the fees for Affected Components for the monthly billing period in which the Unavailability first occurred.
4.2 If the event for which a credit may be payable under this SLA, is an event which would also be eligible for a credit under another SLA or is an event contemplated by another SLA, you shall not be eligible for a credit under this SLA.
4.3 To receive a credit, you must either create a ticket in the Rackspace portal or call Rackspace support to open one on your behalf, in each case within thirty (30) days following the end of the Unavailability.
4.4 For the purpose of determining whether a credit is due, time periods will be measured from the time you open a ticket or Rackspace opens one on your behalf, until the Monitoring reports that the Unavailability has been resolved.
4.5 Any credits payable for a breach of this SLA are your sole and exclusive remedy for such breach.
4.6 Notwithstanding anything in this SLA or the Cloud Terms of Service to the contrary, the maximum total aggregate credit for any billing period, including all SLAs and guarantees, shall not exceed 100% of your fees for the Services for the monthly billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
4.7 This SLA is part of your Agreement with Rackspace, along with the Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents.