Service Level Agreement

An SLA that provides a 100% production platform uptime guarantee.

Exhibit B – Service Level Agreement

Introduction

Hyve is committed to providing a high level of service to ensure that information technology is an effective enabling tool for Client. This document briefly describes the services and standards of service provided by Hyve to Client.

This agreement is intended to guarantee that individual and network users receive an acceptable level of response to their information technology needs and to ensure common expectations of quality and time frames for services provided by Hyve. Hyve’s service goals are:

  • Timely and effective technical support of computer and telecommunications hardware and software
  • Technical tools that effectively support business needs
  • Support and implementation expectations that are appropriately met
  • Secure and reliable electronic environments
  • New technology solutions that are rapidly acquired and implemented

This level of support will be provided for all standard hardware and software configurations and other nonstandard configurations where support for such configurations has been agreed upon between Client and Hyve.

1. Availability

100% Network Availability Guarantee.

1.1. Network Availability Guarantee Scope

Hyve guarantees that it will maintain a 100% up time, excluding scheduled maintenance, for facilities and the Hyve Network as follows: in the event that one or more of Client’s servers are unable to transmit or receive information via the Internet through the Front-end Network as a result of disruptions to either the Data centre or the Front-end Network (a “Covered Outage”), Hyve will, upon Client’s request, as Hyve’s sole obligation and Client’s sole and exclusive remedy for failure to meet the foregoing guarantee, credit the Client’s account for every five (5) consecutive minutes of such Covered Outage with the prorated Monthly Service Fees for one (1) day of services for the affected servers, up to a maximum credit during any calendar month equal to the total prorated fees due to Hyve from Client during such calendar month for the affected servers (“Standard Service Credit”). In no event will Hyve’s scheduled maintenance of the Data centre, the Front-end Network or the Hyve Equipment be deemed a Covered Outage entitling Client to the Standard Service Credit.

1.2. Scheduled Maintenance Scope

Scheduled Maintenance shall mean any maintenance at the Hyve data centre at which Client’s server is located of which Client is notified 48 hours in advance. Notice of Scheduled Maintenance will be provided to Client’s designated point of contact via email. The standard window for service-affecting maintenance is between the hours of 12:01 a.m. and 5:00 a.m. local time Saturday or Sunday. Hyve will use reasonable commercial efforts to coordinate with Client when planning any maintenance to minimise impact to Client and its customers. “Emergency Maintenance” shall mean any maintenance by Hyve, its subcontractors or service providers that does not meet the definition of Scheduled Maintenance. No notice shall be required or provided for Emergency Maintenance.

1.3. Network Availability Guarantee Process

Hyve will calculate Client’s “Network Unavailability” in a calendar month. “Network Unavailability” consists of the number of minutes that the Hyve Network was not available to Client, and includes unavailability associated with any maintenance at the Hyve data centre where Client’s server is located other than Scheduled Maintenance. Outages will be counted as Network Unavailability only if Client opens a trouble ticket with Hyve Client support within five days of the outage. Network unavailability will not include (a) Scheduled Maintenance, or any unavailability resulting from (b) acts or omissions of Client, or any use or user of the service authorised by Client (c) deliberate act of a User or an End User or (d) reasons of Force Majeure (as defined in the contract).

1.4. General Availability of the Hyve Network

The Hyve network will be deemed to be available if it provides end-user response time of no greater than three (3) seconds from the time the router receives a request to the time that the router transmits a response to the request.

2. Hyve Cloud Server Availability

99.999% Hyve Cloud Server Availability Guarantee.

2.1. Cloud Server Availability Guarantee Scope

Hyve guarantees that it will maintain a 99.999% up time, excluding scheduled maintenance, for Hyve Cloud Servers as follows: in the event that one or more of Client’s Cloud servers are unavailable as a result of disruptions to the Hyve Blade Enclosure, Blades, Switching or SAN infrastructure (a “Cloud Server Outage”), Hyve will, upon Client’s request, as Hyve’s sole obligation and Client’s sole and exclusive remedy for failure to meet the foregoing guarantee, credit the Client’s account for every one (1) hour of such Cloud Server Outage with the prorated Monthly Service Fees for one (1) day of services for the affected servers, up to a maximum credit during any calendar month equal to the total prorated fees due to Hyve from Client during such calendar month for the affected servers (“Standard Service Credit”). In no event will Hyve’s scheduled maintenance of the Data centre, the Front-end Network or the Hyve Equipment be deemed a Cloud Server Outage entitling Client to the Standard Service Credit.

2.2. Scheduled Maintenance Scope

Scheduled Maintenance shall mean any maintenance at the Hyve data centre at which Client’s server is located of which Client is notified 48 hours in advance. Notice of Scheduled Maintenance will be provided to Client’s designated point of contact via email and/or myhyve customer ticket. The standard window for service-affecting maintenance is between the hours of 12:01 a.m. and 5:00 a.m. local time Saturday or Sunday. Hyve will use reasonable commercial efforts to coordinate with Client when planning any maintenance to minimise impact to Client and its customers. “Emergency Maintenance” shall mean any maintenance by Hyve, its subcontractors or service providers that does not meet the definition of Scheduled Maintenance. No notice shall be required or provided for Emergency Maintenance.

2.3. Service Availability Guarantee Process

Hyve will calculate Client’s “Cloud Server Unavailability” in a calendar month. ” Cloud Server Unavailability ” consists of the number of minutes that the Cloud Server was not available to Client, and includes unavailability associated with any maintenance at the Hyve data centre where Client’s cloud server is located other than Scheduled Maintenance. Outages will be counted as Cloud Server Unavailability only if Client opens a trouble ticket with Hyve Client support within five days of the outage. Cloud Server unavailability will not include (a) Scheduled Maintenance, or any unavailability resulting from (b) acts or omissions of Client, or any use or user of the service authorised by Client (c) deliberate act of a User or an End User or (d) reasons of Force Majeure (as defined in the contract).

2.4. General Availability of Cloud Servers

A Cloud Server will be deemed to be available if it is available via console access via VMware vCenter Server.

3. Dedicated Server Hardware Replacement Guarantee

If a Dedicated Server experiences an outage directly attributable to the failure of a hardware component of such server, Hyve will replace the failed component or server, and if necessary, initiate a restore of the server from an available backup, within four (4) hours of Hyve determining that a failed hardware component or server needs to be replaced. The hardware guarantee covers all hardware components to include processors, ram, hard disks, motherboard, NIC card and other hardware as described in this contract.

3.1. Hardware Replacement Guarantee Remedy

If Hyve does not replace the failed component, within four (4) hours of Hyve determining that a failed hardware component needs to be replaced, Hyve, upon Client’s request, will credit Client’s account ten percent (10%) of the Monthly Recurring Service Charges as set forth on Client’s Service Order (as defined in the applicable Hyve contract) (“Charges”), and an additional ten percent (10%) of the Charges for each additional hour over and above the four-hour commitment. This guarantee excludes the time required to rebuild a RAID array. The total of all credits issued to Client in any calendar month shall not exceed one hundred percent (100%) of the Charges. The Hardware Replacement Guarantee shall not apply if failure of the hardware component is a result of acts or omissions of Client or its agents; failure of any non-standard hardware installed by Hyve or Client; or events of Force Majeure (as defined in the applicable Hyve contract). In addition, the Hardware Replacement Guarantee shall not apply if the Client is in breach of its agreement with Hyve, including, but not limited to, violation of the Acceptable Use Policy or payment default.

4. Exceptions to the Credit Process

Credit will not be issued due to failures that are, as determined by Hyve, in its good faith reasonable judgment, a result of: – Client initiated work that is independently generated by Client; – Hyve initiated maintenance completed during scheduled maintenance and emergency maintenance and upgrades; – Client required operating system software revisions and hardware/software configurations that are not Hyve tested/approved; – Client-supplied Web site content or software; – The acts or omissions of Client, its employees, agents, third party contractors or vendors, or anyone gaining access to Hyve’s Server and Software at the request of Client; – Violations of Hyve’s Acceptable Use Policy as may be posted from time to time on the Terms & Conditions page. – Circumstances beyond Hyve’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Hyve SLA’s; or – DNS issues outside the direct control of Hyve. – An attack on the Hyve network such as a virus, SYN Flood or DDoS. The total credit amount available to Client in a particular month under this SLA shall be limited to the maximum of Client’s Monthly Service Fee for such month.

5. Support

Hyve shall maintain a Help Desk, which will be the primary point of contact for all queries and communications regarding Service Level incidents. The help desk will be contactable by telephone and the Hyve support ticket system and will be available 24 hours a day, 7 days a week, 365 days a year.

6. Client Data and Software

Hyve will, on Client’s behalf, use commercially reasonable efforts to: (i) make available and accessible on the Hyve Network and/or World Wide Web, as appropriate, the Site Content; and (ii) to reproduce the Site Content. Hyve recommends that the Client at all times retain complete copies of the Site Content. Client shall be solely responsible for the editorial supervision of the Site Content.

6.1. Software and Documentation Provided by Hyve

In consideration for the payment of any applicable charges, Client is granted the right to use the Hyve Software, if any, strictly in accordance with and subject to any accompanying documentation. Except as may be specifically set forth in the Documentation, Hyve makes no representations and warranties with respect to the Software. Hyve will pass through and assign to Client all rights and warranties provided by third party licensors of the Software to the extent that such licensors permit such pass through and assignment. Any costs of such assignment shall be borne by the Client. Except as specifically set forth herein, Hyve has no obligation to provide maintenance or other support of any kind for the Software, including without limitation any error corrections, updates, enhancements or other modifications.

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