HIVE Performance Cloud1. DEFINITIONS
In addition to the definitions found in the Terms of Use, the following definitions apply to this SLA:
"Customer Data" means:
All data uploaded by the Customer to HIVE Cloud infrastructure and;
All data created by the Customer on HIVE Cloud infrastructure.
"Covered Services" means either Instances in Multiple Regions or A Single Instance.
"Downtime" means:
For container instances: loss of external connectivity or persistent disk access for the Single Instance or, with respect to Instances in Multiple Regions, all applicable running instances.
Downtime does not include loss of external connectivity as a result of outages in upstream transit provider networks if the Customer is acquiring connectivity on a pass-through basis from HIVE Cloud. If so, the respective Carrier terms of Services will apply
"Downtime Period" means a period of one or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than one minute will not be counted towards any Downtime Periods.
"Financial Credit" means the following for a “Tiered Services”: if the monthly uptime did not meet the SLO, Customer will obtain a prorated credit for the downtime which will be credited to future monthly bills of the customer. Financial Credits will not be issued for an Order Form which requests “Non-Tiered Services” which provides no guarantees for uptime.
"Instances in Multiple Regions" means container instances hosted as part of the HIVE Cloud Services where instances are placed across two or more Regions.
"Monthly Uptime Percentage" means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
"Region" means the applicable region described in the HIVE Cloud Services documentation provided to Customer, denoted by physical location, such as NJ1, NY1 as may be updated by HIVE Cloud from time to time.
"Single Instance" means a single container instance hosted as part of the HIVE Cloud Services
"Tiered Services" means customer set out in its Order Form that it is selecting a tiered Services rather than a basic Services without redundancy or uptime guarantees.
2. SERVICES LEVEL OBJECTIVES
HIVE provides the HPC Cloud Services to the Customer at the following services level objectives (the "Services Level Objective" or "SLO")
| Services Level | Monthly Uptime Percentage |
|---|---|
| Tiered - Instances in Multiple Regions | >= 99.5% |
| Tiered - Instances in a Single Region | >= 99% |
| Non-Tiered – Basic Compute | N/A |
If HIVE Cloud does not meet the SLO, and if Customer is otherwise in good standing and meeting its obligations, Customer will be eligible to receive the Financial Credits described below. This SLA sets out and states Customer’s sole and exclusive remedy for any failure by HIVE Cloud to meet the SLO.
3. FINANCIAL CREDITS
a. Requesting Financial Credits
In order to receive any of the Financial Credits described above, Customer must notify HIVE Cloud technical support within ten (10) days from the time Customer becomes eligible to receive a Financial Credit. Customer must also provide HIVE Cloud with server log files showing loss of external connectivity errors and the date and time those errors occurred. If Customer does not comply with these requirements, Customer will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, HIVE Cloud will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which HIVE Cloud will make available for auditing by Customer at Customer’s request.
b. Maximum Financial Credit
The aggregate maximum number of Financial Credits to be issued by HIVE Cloud to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 40% of the amount due from Customer for the Covered Services for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Covered Services and will be applied within sixty (60) days after the Financial Credit was requested. Customer acknowledges and agrees that any Financial Credits for loss or interruption of compute power, constituting a Downtime Period, shall be ratably calculated based on the Term of an Order Form and granted in accordance with the SLA.
c. Exclusions
The Financial Credits do not apply to any: (a) features designated pre-general availability (unless otherwise set forth in the associated Documentation), (b) features excluded from the SLA (in the associated documentation), or (c) errors: (i) caused by factors outside of HIVE Cloud’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the HIVE’s policies in place; or (iv) that resulted from quotas applied by the system, or (d) downtime caused by in-advance communicated maintenance. As applicable, Customer will only be entitled to Financial Credit for Downtime of a particular instance as either a Single Instance or Instances in Multiple Regions, but not both.