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Managed Hosting Terms
(Managed Service Level Guarantees)
In addition to the General Terms and Conditions, your use of the Hosting Services (Managed) is subject to the following additional terms and conditions:
1. ADDITIONAL DEFINED TERMS
Some words used in these Product Terms (Managed Service Level Guarantees) have particular meanings:
“Hosting Services” means Rackspace’s provision for your use of the Hosted System described in the Services Description.
“Personally Identifiable Information” or “PII” means a combination of any information that identifies an individual with that individual’s sensitive and non-public financial, health or other data or attribute, such as a combination of the individual’s name, address, or phone number with the individual’s national insurance number or other government issued number, financial account number, date of birth, address, biometric data, mother’s maiden name, or other “Personal Data” or “Special Categories of Data” as defined in the Directive 95/46/EC and the Data Protection Act 1998.
“Service Commencement Date” means the date on which we provide the access codes that enable you to send and receive information from your Hosted System.
“Support” means: (i) the management of the Hosting Services by a service delivery team that includes a team leader, account manager, and support specialists with training and experience in hosted systems; (ii) availability of live support twenty four (24) hours per day, seven (7) days per week, year round; (iii) any specific support services described in the Services Description; and (iv) use of the MyRackspace® customer portal.
2. DEPLOYMENT GUARANTEE
Unless otherwise stated in the Hosting Services Agreement, Rackspace does not guarantee a deployment timeframe but will use reasonable endeavours to deploy the server(s) as described in your Services Description (the “Server(s)”) promptly. Rackspace may, from time to time, agree to provide a guaranteed deployment timeframe (a “Deployment Guarantee”) for an additional fee. Where such Deployment Guarantee is agreed, Rackspace will deploy the Server(s) by the date stated in the Hosting Services Agreement, provided that you promptly provide all information that we reasonably request from you to complete deployment. Servers are deemed deployed as of the time that Rackspace generates an email message to you that includes the information needed to allow you to transfer information to and from the Server(s). Your sole and exclusive remedy for our failure to meet the Deployment Guarantee shall be a credit equal to the amount of the fee paid for the Deployment Guarantee service. You are not entitled to a credit if you request or cause the deployment delay. This Deployment Guarantee does not apply to any software, other managed services, or hardware devices other than the Server(s). If you request (orally or in writing) that we deploy your servers by a specific date or on an “expedited” basis for no additional fee, then the Deployment Guarantee shall not apply, and we commit only to using reasonable endeavours to deploy the Server(s) by the date requested.
3. ENCRYPTION OF PERSONALLY IDENTIFIABLE INFORMATION
The General Terms and Conditions require you to use reasonable security precautions in light of your use of the Services. For the Hosting Services, this includes encrypting any PII transmitted to or from, or stored on, the Rackspace servers or storage devices you use.
4. SERVICE LEVEL GUARANTEES
4.1 Network. We guarantee that our data centre network will be available 100% of the time in a given month, excluding Maintenance. The data centre network means the portion of the Rackspace network extending from, but not including, the outbound port on your cabinet switch to the outbound port on the border router and includes Rackspace managed switches, routers, and wiring. We will credit your account five per cent (5%) of the monthly fee for each thirty (30) minutes of network downtime, up to one hundred per cent (100%) of your monthly fee for the affected server(s).
4.2 Infrastructure. We guarantee that data centre HVAC and power will be functioning one hundred per cent (100%) of the time in a given month, excluding Maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems. Rackspace will credit your account five per cent (5%) of the monthly fee for each thirty (30) minutes of infrastructure downtime, up to one hundred per cent (100%) of your monthly fee for the affected server(s).
4.3 Hardware. We guarantee the functioning of the following Rackspace-provided hardware: (i) switches, firewalls, load balancers and servers; (ii) direct attached storage devices; (iii) network attached storage devices; and (iv) storage area networks (“SAN”). Hardware repair or replacement will begin once we identify the cause of the problem. Hardware repair or replacement is guaranteed to be complete within one (1) hour of problem identification for switches, firewalls, load balancers, servers and direct attached storage devices, and within five (5) hours of problem identification for network attached storage devices. For SAN hardware failures, we guarantee that we will have a technical specialist and necessary parts onsite to begin repairs within four (4) hours of problem identification. We will credit your account five per cent (5%) of the monthly fee per additional hour of downtime (after the initial one (1) hour or five (5) hours for repair or replacement, as applicable, or, for SAN, the additional hour of delay in beginning repairs), up to one hundred per cent (100%) of your monthly fee for the affected hardware. This guarantee excludes the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reconfigure devices from their default settings, reload operating systems, reload and configure applications, and/or restore from backup (if necessary).
4.4 Replication Appliance. If a replication appliance (such as an EMC RecoverPoint appliance) is unavailable due to a hardware failure, Rackspace will have a technical specialist and necessary parts onsite to begin repairs within six (6) hours of problem identification. If Rackspace fails to meet this guarantee and the failure adversely affects your Hosted System, you are entitled to a credit in the amount of 5% of your monthly recurring fee per half hour of delay in beginning repairs for the affected replication appliance, up to 100% of the monthly recurring fee.
4.5 Measurement of Time Periods. For the purpose of determining whether a credit is due, time periods will be measured from the time stamp generated by our ticket system, the time an interruption is recorded in our monitoring system, until network availability is restored or the affected device is powered back on, as applicable. You may open a support ticket to document the start time for a support request or other incident, or if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.
4.6 Limitations on Credits.
4.6.1 Cumulative Credit Amount. Notwithstanding anything in this Agreement to the contrary, the maximum total credit for any calendar month for failure to meet Service Level Guarantees under this Agreement, including all guarantees, shall not exceed one hundred per cent (100%) of your monthly recurring fee for the affected Hosted System. Credits that would be available but for this limitation will not be carried forward to future months.
4.6.2 Maintenance. You are not entitled to a credit for downtime or outages resulting from Maintenance. For the purposes of the Service Level Guarantee, Maintenance shall mean:
a. Rackspace maintenance windows – modifications or repairs to shared infrastructure, such as core routing or switching infrastructure that we provide notice of at least seventy two (72) hours in advance, that occurs during off peak hours in the time zone where the data centre is located;
b. Scheduled customer maintenance – maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades;
c. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Rackspace’s network.
4.6.3 Extraordinary Events. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within our control.
4.6.4 Your Breach of the Agreement. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have remedied the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement or misuse of your Hosted System.
4.6.5 Logical Access. The Service Level Guarantees are contingent on Rackspace having full logical access to your configuration. No credit will be due if the credit would not have accrued but for your restriction of Rackspace’s logical access to your configuration.
4.6.6 Requests/Currency. You must request a credit in writing either via support ticket or by postal mail no later than fourteen (14) days following the occurrence of the event giving rise to the credit. We will contact you within thirty (30) days to approve or reject the claim or to request more information. If the claim is approved, the credit will appear on your monthly invoice following approval. If you are paying for your Services in a currency other than pounds Sterling, then any credit that is expressed above as a fixed number of pounds Sterling will be converted to the currency in which you pay for your Services as of the date of the invoice on which the credit is applied.
The initial term of the Agreement begins on the Service Commencement Date and continues for the period stated in the Services Description.