Service Level Agreement (“SLA”) Instance
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:
“Resource”: means a CPU or GPU Instance hosted by Scaleway.
“Covered Service”: means the "CPU and GPU Instances" provided by Scaleway. CPU Instances are also referred to as "Virtual Instances" or "Virtual Machine" (VM).
“Availability Zone (AZ)”: means an isolated location within a Scaleway region.
“Transient Error” or "Transient Fault": means an error that has an underlying cause that soon resolves itself such as, but not limited to, shift in hardware resources for better load-balancing or resource management.
“Unavailability Period”: means the loss of external connectivity to any covered Scaleway Instance for a duration of at least four (4) continuous minutes.
Being specified that the following events shall in no circumstances be considered as an Unavailability Period:
- Any unavailability that occurs during a Maintenance Window; or
- Performance degradation; or
- Transient Errors; or
- Any intermittent unavailability lasting less than four (4) consecutive minutes.
“Service Credit”: means a monetary credit applied to future payments based on SLA violations.
“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. This includes, but is not limited to, any updates of the Instance API that may involve the disabling of Instances Resources, as well as announced migration windows resulting from such End of Sales or End of Life announcement.
“Monthly Availability Rate” or “MAR”: means the availability rate of a Resource (expressed in percentage) for a given calendar month, determined by the following formula:
It being specified that:
- Tt: Total number of minutes in the relevant month (in case the Client partially runs a Resource during the course of a month, it is assumed that such Resource is 100% available for the portion of the relevant month that it was not running);
- Tpit: Number of minutes of unavailability recorded during every Unavailability Periods that occurred in the relevant month.
Service Level Objectives “SLO”
Scaleway undertakes to comply with the following Service Level Objectives:
| Resource Type | Monthly Availability Rate |
|---|---|
| Other Instances SLO (DEV1, GP1, PLAY2, PRO2, COPARM1, ENT1, H100-SXM) | No SLO |
| Development Instances (DEV) | No SLO |
| Covered Shared Instances (BASIC-A) | 99% |
| Covered Dedicated Instances (POP2, STANDARD2-A) | 99.5% |
| Covered Specialized Instances (POP2-HC, POP2-HM, POP2-HN, POP2-WIN) | 99.5% |
| GPU Instances | 99.5% |
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.
| Monthly Availability Rate (“MAR”) | Compensation Percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO | |
|---|---|---|
| Covered Shared Instance (basic-a) | Covered Dedicated (POP2 & standard2-a) or Specialized instance or GPU Instances | |
| 95.0% < MAR < 99% | 99.0% < MAR < 99.5% | 10% |
| 90.0% < MAR < 95.0% | 95.0% < MAR < 99.0% | 25% |
| MAR < 90.0% | MAR < 95.0% | 100% |
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 Periods 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 one-hundred percent (100%) 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: uninstallation of Scaleway Agent, misconfiguration of routing table, security groups, misconfiguration of any software hosted on the Instance, included but not limited to: firewall, operating system, antivirus, 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;
- Scaleway Managed Load Balancer outage (Dedicated Load Balancer SLA must then apply);
- Any Scaleway product outage whose specific SLA would apply, or be source of Instance unavailability;
- Scaleway Virtual Private Cloud (VPC) outage - Dedicated VPC SLA must then apply;
- Unavailability of a hardware component due to a stock shortage.