Service Level Agreement (“SLA”) Serverless Containers Service

This Service Level Agreement defines the different service level objectives that Scaleway undertakes to comply within the context of the Covered Service, as well as their scope of application.

Definitions

The following definitions apply to the SLA:
“Covered Service”: means the “Serverless Containers” Resources provided by Scaleway.
“Resource”: means one Serverless Container in “Ready” status.
“Unavailability”: a Resource is considered as being unavailable when, during a five (5) minutes interval:

• at least twenty (20) Valid Requests are submitted to the Resource; and
• more than fifty percent (50%) of the Valid Requests processed by the Resource are in Error

The availability of a Resource is measured over each five (5) minutes interval occurring during a given calendar month.
“Error”: means a 500 or 503 error status response to a Valid Request sent to the Resource that is not related to the container’s code.
**“Valid Request”: **means a request sent to the Resource generated endpoint that would normally result in a non-error response code.

“Monthly Availability Rate” or “MAR”: means the availability rate of a Resource for a given calendar month, determined by the following formula:

MAR = (IntAll-IntUnavIntAll / IntAll) * 100

It being specified that:

• IntAll: Total number of five (5) minutes interval in a given calendar month
• IntUnav: Number of Unavailable five (5) minutes intervals in a given calendar month

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

Service Level Objectives “SLO”

Scaleway undertakes to comply with the following Service Level Objectives:

The SLO described hereinabove shall in no circumstances apply to any components under 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, it being specified that (i) the Client shall have paid all invoices issued by and due to Scaleway in connection with the Services, (ii) the Client shall have notified Scaleway the non-respect of the SLO within the specified time limit; and (iii) the Client shall cooperate in good faith with Scaleway to resolve the issue, and in particular:

• by remaining available during the entire period necessary for resolving the issue encountered;
• by providing all the information reasonably available to the Client regarding the issue encountered;
• by carrying out any verification that may reasonably be necessary to resolve the issue encountered.

It is expressly agreed that the compensation granted by Scaleway constitutes an all-inclusive payment for all damages resulting from Scaleway’s failure to comply with the SLO and that the Client expressly waives its right to any other claim, complaint or action.
The compensation shall take the form of a voucher which shall be applied by Scaleway on the invoice issued for the Covered Service, following the month during which the Client’s request was issued.
The amount of the compensation granted by Scaleway is determined according to the following table and corresponds to a percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO during a given month. The Client acknowledges that this compensation cannot under any circumstances be reimbursed in cash.

Request for compensation

Client’s request for compensation must be issued no later than thirty (30) days following the month during which the applicable Resources did not comply with the SLO. Failing that, no compensation can be claimed by the Client with respect to such breach of the SLO.

In addition to its request, the Client must provide Scaleway with the log files indicating the Unavailability of the impacted Resources as well as the date and time at which they occurred. Client’s failure to comply with these requirements may result in the withdrawal of its right to compensation. In the event of a dispute regarding this SLA, Scaleway will 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 amount of the compensation granted by Scaleway over the course of a given calendar 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 the course of such month.

Exclusions

No compensation shall be granted to the Client if the failure to comply with the SLO is due to any of the following reasons:

• 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;
• Misuse (or non-conforming use) of the Services by the Client (such as but not limited to: overloading a Resource to the point it is inoperable, attempting to perform operations that are not supported, running an image version not supported by the Covered Service, 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.