WSO2 Dedicated Cloud

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WSO2 Dedicated Cloud Policy and Service Level Agreement

WSO2 Dedicated Cloud

WSO2 Dedicated Cloud offering is a service in which WSO2 can host and maintain WSO2 products for which the customer purchased production support.

The products are hosted on Amazon Web Services (AWS), AWS costs and the monthly charges for WSO2 Dedicated Cloud are invoiced to the customer on a monthly basis.

The service includes:

  • Hosting setup: set up of the corresponding AWS account, virtual machines and networking,
  • Product deployment: deployment of the purchased WSO2 products on AWS,
  • Product updates and maintenance: updates of the hosted WSO2 products to their latest version for which 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: daily scheduled backups of all the servers within Customer’s WSO2 Dedicated Cloud,
  • Monitoring: WSO2 personnel monitoring WSO2 Dedicated Cloud availability and taking actions if the servers become unavailable.

The service does not include any other services sold by WSO2 including but not limited to:

  • Production support,
  • Consultancy services,
  • Development services,
  • QuickStart.

Service Level Agreement

This WSO2 Dedicated Cloud Service Level Agreement (“SLA”) is a policy governing the use of WSO2 Dedicated Cloud under the WSO2 Dedicated Cloud Terms of Service (the “Terms”) and, where applicable, the WSO2 Customer Agreement (the “Agreement”) between WSO2, Inc. (“WSO2”) and users of WSO2’s services (“Customer”). This SLA applies separately to each account using WSO2 Dedicated Cloud. Unless otherwise provided herein, this SLA is subject to the Terms and Agreement and capitalized terms will have the meaning specified in the Terms and Agreement.

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Service Commitment

WSO2 will use commercially reasonable efforts to keep WSO2 Dedicated Cloud services (the “Service”) operational and available to the customer with a Monthly Uptime Percentage (defined below) of at least 99.9%. 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

"Minute of unavailability" means a full minute in which all requests to the WSO2 products within WSO2 Dedicated Cloud were failing.
"Monthly Uptime Percentage" means 100% minus the percentage of minutes during the month in which the WSO2 products within the dedicated offering were not available.
"Scheduled Maintenance" means those times where WSO2 notifies Customer of periods of expected Service disruptions at least 10 days prior to the commencement of such Service disruption.
"Service Credit" is a dollar credit, calculated as set forth below, that WSO2 may apply to an eligible WSO2 account.
“Monthly Charges” are WSO2 Dedicated Cloud fees incurred during a monthly billing cycle as specified in the Terms or Agreement, including any pre-paid fees apportioned to that period. They do not include AWS hosting costs, production support costs or costs of other services from WSO2.

Service Commitments and Service Credits

Customers are eligible for credits when the Monthly Uptime Percentage drops below 95.0%.

  • From 99.0% to 99.9%: 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

Service Credits are applied only against future WSO2 Dedicated Cloud Monthly Charges otherwise due from you. Service Credits shall not entitle you 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 Agreement, your sole and exclusive remedy for any unavailability or non-performance of WSO2 Dedicated Cloud or other failure by us to provide WSO2 Dedicated Cloud is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA, or termination of your use of WSO2 Dedicated Cloud.

Credit Request Procedures

WSO2 will acknowledge each claim by email within 7 days and process the claim within 30 days of submission, with any approved Service Credits applied to the next monthly billing cycle.

To be eligible, the credit request must (i) have “Dedicated Cloud SLA Credit request” words in the claim subject line; (ii) unambiguously identify the affected account; (iii) provide the logs showing the time and date of the Error Requests (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received in entirety by us within five (5) business days of the monthly billing cycle during which the outage occurred. Failure to comply with this requirement will forfeit the Customer’s right to receive a Service Credit.

WSO2 Dedicated Cloud SLA Exclusions

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

  • that result from a suspension as described in the Terms or Agreement
  • that result from access to a Service in violation of the Terms or Agreement
  • that result from quotas limiting the service
  • that occur during periods of Scheduled Maintenance
  • that result from errors or excessive latency of Customer applications or systems
  • that resulted from Customer’s or third party hardware, software, or services (for example, third-party services deployed or integrated with the WSO2 installation)
  • that are caused by factors outside of WSO2’s reasonable control, including any force majeure event or Internet access or issues with the underlying AWS service or problems beyond the demarcation point of WSO2 Dedicated Cloud
  • that result from any actions or inactions of Customer or any third party
  • that result from Customer and/or third party equipment, software or other technology
  • that result from Customer’s use of the Service after WSO2 advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
  • during Previews such as technical previews or betas, as determined by WSO2;
  • that are attributable to the acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to WSO2’s Service by means of Customer’s passwords or equipment.

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 upon written agreement by the Customer, or automatically 30 days after posting, or upon the first anniversary of Customer’s account creation, whichever is later.