Service Level Agreement (“SLA”) Container Registry Service

This document aims to describe the different service level objectives that Scaleway undertakes to achieve within the framework of the Covered Service, as well as their rules of applicability.

Definitions

“Maintenance Window”: means a period during which Scaleway performs maintenance tasks on the infrastructure (physical, network, or software) upon which the Covered Service is based.

“Measurement Interval”: means a period of five (5) consecutive minutes.

“Valid Request”: means an attempted read (pull) or write (push) operation performed on the Service, conforming to technical specifications (valid authentication, existing image for a pull, correct format).

“Error”: means a Valid Request that fails with an HTTP 5XX status code (Server Error) or that does not succeed due to a timeout attributable to Scaleway's infrastructure.

“Unavailability”: The Service is considered Unavailable during a Measurement Interval if both of the following conditions are met:

1. The Customer has submitted at least ten (10) Valid Requests during this five (5) minute interval; AND
2. More than fifty percent (50%) of these Valid Requests resulted in an Error.

“Covered Service”: means the service “Container Registry”.

“Monthly Availability Rate” or “MAR”: means the availability rate of a Resource for a given calendar month (expressed as a percentage), determined according to the following formula:
MAR = (TotalIntervals − UnavailableIntervals) / TotalIntervals × 100

With:

• TotalIntervals: Total number of five (5) minute intervals during a given calendar month.
• UnavailableIntervals: Number of Unavailable five (5) minute intervals during a given calendar month.

Service Level Objectives (or “SLO”)

Within the framework of the Covered Service, Scaleway undertakes to comply with the service levels described below:

The SLO described hereinabove shall in no circumstances apply to any components under the Client’s control, such as, but not limited to, any software and/or applications installed and used by the Client in connection with the Covered Service.

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, provided that (i) the Client has paid all invoices issued by and due to Scaleway in connection with the Services, (ii) the Client has notified Scaleway of the non-compliance with the SLO within the applicable timeframe, and (iii) the Client has cooperated in good faith with Scaleway’s teams in order to resolve the issue, in particular by:

• Remaining available throughout the entire period required to resolve the Unavailability encountered;
• Providing any information reasonably available to the Client regarding the Unavailability encountered;
• Carrying out any verification that may be necessary to resolve the Unavailability encountered.

The compensation granted to the Client constitutes a lump-sum compensation for all damages suffered by the Client as a result of Scaleway’s failure to comply with the SLO, and the Client therefore waives any other form of claim and/or action. The compensation shall take the form of a credit applied to the invoice issued for the Covered Service, during the month following the Client’s compensation request. The amount of the compensation is determined according to the table below and corresponds to a percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO during the relevant month. Under no circumstances may this compensation be reimbursed to the Client in cash.

Client’s Request for Compensation

The Client has a period of thirty (30) days following the month during which the failure to comply with the SLO was observed to submit its compensation request. After this period, no compensation may be claimed by the Client.

In addition to its compensation request, the Client must provide Scaleway with server log files indicating the periods of Unavailability of the impacted Resources, as well as the date and time at which they occurred. Failure by the Client to comply with these requirements may result in the withdrawal of its right to compensation. In the event of a dispute relating to this SLA, Scaleway shall 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.

Maximum Compensation

The maximum compensation granted to the Client for all periods of Unavailability occurring during a single billing month shall under no circumstances exceed fifty percent (50%) of the monthly amount invoiced to the Client for all the Resources that failed to comply with the SLO during that month.

Exclusions

No compensation shall be due to the Client in the event of failure to comply with the SLO resulting from one or more of the following causes:

• 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;
• Unavailability of the Container Registry API (for creating, listing, updating, or deleting Resources namespaces);
• Requests failing due to client misconfiguration, corrupted images sent by the client, or authentication issues (4XX Errors).
• Misuse (or non-conforming use) of the Services by the Client (such as but not limited to: overloading a Resource to the point of making it inoperable, attempting to perform operations that are not supported, etc.);
• Suspension of the Services pursuant to the General Terms of Services or the applicable Specific Conditions;
• Internet connection issues;
• Failure of the Client to cooperate in good faith with Scaleway to restore the availability of the 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.