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NTT DATA Cloud with VMware vCloud Datacenter Service Offering

 

The service levels and associated remedies described below apply to the NTT DATA Cloud with VMware vCloud Datacenter Service (the “Service”) when that Service is purchased directly from NTT DATA for use in the United States.

NTT DATA Cloud with VMware vCloud Datacenter Services SLA (the “Cloud SLA”): During the term of the applicable Order Form between NTT DATA and Customer for the Service, NTT DATA will use commercially reasonable efforts to achieve a Monthly Uptime Percentage of at least 99.95% for the NTT DATA Cloud Infrastructure for any calendar month. If we do not meet this Cloud SLA, and so long as your account with NTT DATA is current and not suspended, you may be eligible to receive the below-referenced Credits.

Definitions
The following definitions apply to this Cloud SLA.

  • NTT DATA Cloud Infrastructure: The network infrastructure which extends from the Service computing resources to the datacenter located router that provides the outside interface of each of NTT DATA’s WAN connections to its backbone providers, in addition to the datacenter infrastructure which includes the HVAC, managed power systems, backup generators, and battery backup systems, as well as the servers, the storage, and the network related to the Service.
  • Downtime: The time in which the NTT DATA Cloud Infrastructure is not capable of being accessed or used by the Customer, as determined by NTT DATA.
  • Monthly Uptime Percentage: The total number of minutes in an average month (43,800 minutes) minus the number of minutes of Downtime, the balance is then divided by the total number of minutes in an average month.
Monthly Uptime Percentage = Total Minutes in an Average Month – Downtime
Total Minutes in an Average Month

Exclusion from Downtime
The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage.

  • This Service Level Agreement does not go into effect until after Onboarding has completed its activities and the Customer has been turned over to ongoing Support (as described in the Onboarding Process section of the Service Description);
  • Service unavailability caused by maintenance of the platform used to provide the Service which does not exceed the pre-determined unavailability window for such maintenance (NTT DATA will endeavor to provide seven (7) days’ advance notice of Service-affecting planned maintenance.);
  • Service unavailability caused by events outside the reasonable control of NTT DATA or its subcontractor, including failure or unavailability of the Customer’s systems, the Internet, or any other service or third-party used by Customer to use, connect to, or access the Service; and
  • NTT DATA may modify the Service (including modifications to the software and other elements of the NTT DATA Cloud Infrastructure) at any time, without prior notice, provided the modification does not materially denigrate the functionality of the Service.
  • Service Level Agreements will only apply to PAYGO customers who have their VM(s) powered up for the entire billing period. Service Level Agreements ALWAYS apply to Reserved and Dedicated service offerings.

If NTT DATA does not meet the Cloud SLA for a particular month during the term set forth in the Order Form, NTT DATA will, at Customer’s request, provide the applicable credit (“Credit”) set out below:

Average Monthly Uptime Percentage Downtime Minutes Per Average Month Credit Percentage Amount
100% – 99.95% 0 – 22 0% of charges billed in month of occurrence
99.94% – 99.50% 23 – 219 10% of charges billed in month of occurrence
99.49% – 99.00% 220 – 438 25% of charges billed in month of occurrence
98.99% – 98.00% 439 – 876 50% of charges billed in month of occurrence
97.99% – 96.50% 877 – 1533 75% of charges billed in month of occurrence
< 96.50% > 1533 100% of charges billed in month of occurrence

Fractions of a minute will be rounded-up to the next highest minute.

Example:
25 minutes of outage time means the Uptime Percentage was 99.94%, which results in a 10% Credit toward the amount due for the month of occurrence.

Maximum Credit
The maximum Credit available to Customer if NTT DATA is unable to meet the Cloud SLA is up to 100% of the monthly fees for the month of the occurrence. Any “credit” that NTT DATA may owe you, such as a Credit for a failure to meet the Cloud SLA, will be applied to fees due from you for the Service, and will not be paid to you as a refund. All claims for Credit are subject to review and verification by NTT DATA, and all Credits will be based on NTT DATA’s measurement of its performance of the Service and will be final.

Example:
As noted above, if there is a Cloud SLA breach of 25 minutes of outage time this means the Uptime Percentage was 99.94%, which results in a 10% Credit toward the amount due for the month of occurrence. If Customer’s monthly fees for service equal $2,500 during the month of the occurrence then Customer will receive a credit for $250 on the next invoice. In this case, the maximum Credit allowed would be up to $2,500 for monthly fees during the month of the occurrence. Customer’s sole remedy, and NTT DATA’s sole liability, with respect to NTT DATA’s inability to meet any Cloud SLA is the Credits described above and Customer explicitly disclaims any and all other remedies, whether in law or equity.

Claim Procedure
To receive a Credit, a Customer is responsible for making a claim alleging NTT DATA’s failure to achieve the Cloud SLA within 30 days of the last date of the reported Downtime. The claim must be sent by e-mail to the following address: Partner_Cloud_ScaleMatrix@nttdata.com. The e-mail must include the following information:

 

  • Customer name:
  • Customer account number [if applicable]:
  • Name of the Service to which the claim relates:
    (e.g. NTT DATA Cloud with VMware vCloud Datacenter Service)
  • Customer contact name:
  • Customer contact e-mail address:
  • Customer contact telephone number:
  • Date(s) & time(s) for each claim for downtime:
  • Additional details, if needed:

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