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WSO2 Managed Cloud Policy and Service Level Agreement

WSO2 Managed Cloud offering is a service in which WSO2 hosts and maintains subscribed WSO2 products on behalf of the Subscriber. This document sets out the scope of the WSO2 Managed Cloud Service provided by WSO2 to the Subscriber pursuant to the Subscription Agreement, as such agreement may be varied, supplemented, amended or replaced from time to time by agreement of the parties in accordance with its terms. Any capitalized words, including the legal entity referred to as “WSO2” that are not defined in this document shall have the meaning ascribed to them in the Subscription Agreement.

The products are hosted by Amazon Web Services or Microsoft Azure (the “Hosting Provider”) in the region of the Subscriber's choice. The Subscriber shall maintain the hosting services account and be responsible for any costs relating to the hosting services provided by the Hosting Provider in connection with the WSO2 Managed Cloud Service.

The service includes:

  • Setup of the corresponding hosting services account, virtual machines and networking.
  • Planning optimized hosting setup to minimize resource consumption and scale the hardware to meet performance requirements.
  • Deployment on the hosted infrastructure of the subscribed WSO2 products comprising the appropriate production and pre-production (development, test, staging) environments.
  • Performance tuning and optimization of WSO2 software components.
  • Product updates and maintenance: updates of the Hosted Software to their latest version within the Scheduled Maintenance window. WSO2 sends a note to the primary contact at least 10 days prior to the update with information on the update and the Scheduled Maintenance window.
  • Regular backups including daily scheduled backups of all the servers under Managed Cloud Service.
  • Monitoring by WSO2 personnel of WSO2 Managed Cloud availability and taking responsive actions if the servers become unavailable.

The WSO2 Managed Cloud Service does not include any other services sold by WSO2 that are not specifically provided in the Subscription Agreement, such as end-to-end testing of custom solutions during deployment, upgrade or migration. WSO2 separately offers consulting and development services for such tasks.

Service Level Agreement

This WSO2 Managed Cloud Service Level Agreement (“SLA”) is a policy governing the use of WSO2 Managed Cloud Service in accordance with the Subscription Agreement.

Service Commitment

WSO2 will use commercially reasonable efforts to keep WSO2 Managed Cloud services (the “Service”) operational and available to the customer with a Monthly Uptime Percentage (defined below) for the production deployment of at least 99.99%. In the event WSO2 does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

Definitions

"Hosted Software" means the software identified in the Subscription Agreement as being hosted as part of the WSO2 Managed Cloud Service.

"Monthly Charges" are monthly prorated WSO2 Managed Cloud Service charges pursuant to the Subscription Agreement under which the WSO2 Managed Cloud Service is performed.

"Monthly Uptime Percentage" means 100% minus the percentage of full minutes during the calendar month in which all requests to the production deployment of the Hosted Software failed.

"Scheduled Maintenance" means those times where WSO2 notifies the Subscriber of periods of expected WSO2 Managed Cloud Service disruptions at least 10 days prior to the commencement of such service disruption, subject to a maximum of 5 hours in any month of a Monthly Uptime Percentage measurement period. The Subscriber may request reasonable adjustments to the time of Scheduled Maintenance windows to minimize their potential impacts and WSO2 shall not unreasonably withhold or delay consent to such request from the Subscriber.

"Service Credit" is a dollar credit, calculated as set forth below, that WSO2 may apply to the Subscriber.

“Subscriber” means those individuals and entities that have entered into Subscription Agreements with WSO2 for the provision of Support Services or the WSO2 Managed Cloud Service.

“Subscription Agreement” means a WSO2 Subscription Agreement, addendum or amendment, work order, statement of work or other agreement between WSO2 and the Subscriber for the provision of Support Services or the WSO2 Managed Cloud Service (as they may be varied, supplemented, amended or replaced from time to time in accordance with the terms contained therein).

Service Commitments and Service Credits

Customers are eligible for credits when the Monthly Uptime Percentage of a production environment drops below 99.99%.

  • From 99.0% to 99.99%: 10% of Monthly Charges
  • From 95.0% to 99.0%: 30% of Monthly Charges
  • From 90.0% up to 95.0%: 50% of Monthly Charges
  • From 0% up to 90.0%: 100% of Monthly Charges

WSO2 shall apply the Service Credits against the Monthly Charges for the affected production environment paid by the Subscriber. Pre-production environments are not eligible for Services Credits. Service Credits shall not entitle the Subscriber to any refund or other payment from WSO2. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Subscription Agreement, the Subscriber's sole and exclusive remedy for any unavailability or non-performance of the WSO2 Managed Cloud Service or other failure by WSO2 to provide the WSO2 Managed Cloud Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this WSO2 Managed Cloud Policy and Service Level Agreement, or termination and suspension of the Subscriber's use of the Managed Cloud Service in accordance with the terms of the Subscription Agreement.

Dispute Procedures

WSO2 will proactively monitor and include any entitlement by the Subscriber for Service Credits in each monthly statement and shall apply any approved Service Credits to the next billing cycle. The Subscriber may dispute the service credit entitlement within 15 days of receiving the monthly statement by submitting anonymized logs showing the time and date of additional outages. WSO2 shall apply or reject the claim within 15 days of claim receipt.

WSO2 Managed Cloud SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of WSO2 Managed Cloud, or any other WSO2 Managed Cloud performance issues:

  • that result from a suspension by WSO2 in accordance with the terms of the Subscription Agreement;
  • that result from access to a Service in violation of the terms of the Subscription Agreement;
  • that result from quotas limiting the WSO2 Managed Cloud Service in accordance with the terms of the Subscription Agreement;
  • that occur during periods of Scheduled Maintenance;
  • that result solely from errors or excessive latency of the Subscriber or third-party applications or systems not within the reasonable control of WSO2;
  • that arise from Subscriber’s failure to meet the prerequisites, complete the action items, or permit the use of any tools, services, or techniques required for Managed Cloud operation as documented at https://docs.wso2.com/display/ManagedCloud/Planning and updated from time to time;
  • that are caused by factors outside of WSO2’s reasonable control, including hosted infrastructure outages, or any Force Majeure Event;
  • that result solely from errors in the Subscriber’s code and configuration deployed within WSO2 Managed Cloud Service at the Subscriber’s request;
  • that result from the Subscriber’s use of the WSO2 Managed Cloud Service after WSO2 advised the Subscriber to modify its use of that service without adversely affecting the Subscriber or any end user, if the Subscriber did not modify its use as advised;
  • during previews such as technical previews or betas, not certified for commercial operation, as reasonably determined by WSO2;
  • that are solely attributable to the acts or omissions of the Subscriber or the Subscriber’s employees, agents, contractors, or vendors, or anyone gaining access to WSO2 Managed Cloud Service by means of the Subscriber’s passwords or equipment, in breach of the terms of the Subscription Agreement.

Modifications

WSO2 may make changes to this SLA from time to time. WSO2 will make a new copy of the SLA available. Upon posting, these changes will become effective for new accounts. For pre-existing accounts, the changes will become effective 30 days after posting or in accordance with a change control procedure should such be provided for in a Subscription Agreement.

Effective date: 1 February 2017

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