Bare Metal Addendum

  1. Service Level Agreements (SLA)
  2. The following PhoenixNAP Service Level Agreement ("SLA") is a policy governing the use of the PNAP Bare Metal Servers and Bare Metal Cloud ("BMC") under the terms of the Master Service Agreement (the "MSA") between PNAP, LLC., and Clients of PNAP. Unless otherwise provided herein, this SLA is subject to the terms of the MSA, and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the MSA.


    Bare Metal Servers SLA

    1. Deployment
      1. Server Deployment Guarantee.

        In most cases PNAP is able to deploy Client’s new server within 4 hours, provided Client’s order does not contain any special instructions, require MSSQL installation, or need an on-board RAID configuration. For all orders, regardless of configuration, PNAP guarantees a server deployment of 24 hours, beginning once Client’s order has been paid for and verified.

      2. Compensation

        If PNAP misses their goal, PNAP will give Client a 10% credit of service cost toward Client’s first month's hosting service fees. All Client have to do is notify us within 7 days that PNAP missed the goal and that Client wishes to claim this credit.

    2. Network
      1. Network Downtime Definition.

        Network Downtime occurs when Client’s server cannot transmit or receive data to/from the Internet due to the failure of network equipment managed and owned by PNAP.

      2. Network Definition.

        PNAP’s Network consists of all of PNAP’s infrastructure hardware including routers, switches, and cabling but does not include the services or software running on the server or the server's hardware.

      3. Compensation.

        As compensation for a downtime event, PNAP will credit Client’s account 5% for every 30 minute segment of downtime, up to the total monthly cost.

        Clients are not entitled to a credit if the downtime is caused by:

        1. Actions of the Client or others authorized by Client to use the Service under the Agreement;
        2. The failure of Third Party Service to PNAP's network;
        3. Application, software, or operating system failure,
        4. The result of network maintenance activity,
        5. Denial of Service attack, hacker activity, or other malicious event or code targeted against PNAP or a Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by PNAP.
      4. Reporting

        Client should report downtime incidents to us via email to serversupport@phoenixnap.com or submission through PNAP’s portal at https://portal.phoenixnap.com within 3 days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and ends when PNAP has, at its sole discretion, resolved the issue.

      5. Account Status

        If Client is currently behind in payments on Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client doesn't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions.

      6. 20 Minute Support Response Guarantee.

        PNAP guarantees that one of PNAP’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to serversupport@phoenixnap.com or submitted through the portal at https://portal.phoenixnap.com.

    3. Replacement

      4 Hour Hardware Replacement Guarantee.

      We hate it when things aren't working. If hardware belonging to us and located within PNAP’s datacenter fails, PNAP will replace it within 4 hours of notification of failure. To report a failure, send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com.

    4. Compensation.

      If PNAP doesn’t replace the hardware within 4 hours PNAP will credit Client for one day of Client’s monthly recurring hosting charges. We'll give Client that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of Client’s monthly recurring payment if necessary. Client does have to send us an official request for the credit within 7 days of the hardware replacement. Send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com to claim the credit.

      The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped and Client is not entitled to any further SLA credits.

    Bare Metal Cloud (BMC) SLA

    Bare Metal Cloud is a product in PNAP’s Infrastructure-as-a-Service (IaaS). It is intended to provide a solution for modern Infrastructure-as-a-Service business consumers relying on very high levels of automation and often using a DevOps approach to their software development and IT operations procedures. BMC will not replace our existing “legacy” bare metal services, but it will complement them with a product which supports automation focused deployments with implemented modern API management platform. Bare Metal Cloud platform provides hardware at the end of an API, supporting highly automated workloads, built with cutting edge server technology and on top of a modern high-capacity network. All these components are meant to fulfill the need to deploy infrastructure in a fully automated and pay-as-you-go model. All BMC Edge locations are subject to best effort service restrictions doe to the nature of such location and their accessibility. BMC Edge Instance types are clearly marked with a distinctive use of the letter "E" or "e" in the instance naming policy and clearly visible the BMC Portal as well as API documentations.

    Bare Metal Cloud SLA’s

    1. Deployment
      1. Server Deployment Guarantee

        In most cases PNAP is able to deploy Client's new server instances within minutes. For all orders, regardless of configuration, PNAP guarantees a server deployment of 24 hours, beginning once Client’s order and valid payment method have been verified.

      2. BMC Edge locations are subject to more restricted availability and in unusual cases extended deployment times
    2. Network
      1. Network Downtime Definition.

        Network Downtime occurs when Client’s server cannot transmit or receive data to/from the Internet due to the failure of network equipment managed and owned by PNAP.

      2. Network Definition

        PNAP’s Network consists of all of PNAP’s infrastructure hardware including routers, switches, and cabling but does not include the services or software running on the server or the server's hardware.

      3. Network downtime compensation

        As compensation for a network downtime event, PNAP will credit Client’s account 5% for every 30-minute segment of network downtime, up to the total monthly cost.

        Clients are not entitled to a credit if the downtime is caused by:

        1. Actions of the Client or others authorized by Client to use the Service under the Agreement;
        2. The failure of Third Party Service to PNAP's network;
        3. Application, software, or operating system failure,
        4. The result of network maintenance activity,
        5. Denial of Service attack, hacker activity, or other malicious event or code targeted against PNAP or a Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by PNAP.
      4. Reporting

        Client should report downtime incidents to us via email to serversupport@phoenixnap.com or submission through PNAP’s portal at https://portal.phoenixnap.com within 3 days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and ends when PNAP has, at its sole discretion, resolved the issue.
      5. Account Status

        If Client is currently behind in payments on Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client doesn't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions.

      6. 20 Minute Support Response Guarantee

        PNAP guarantees that one of PNAP’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to serversupport@phoenixnap.com or submitted through the portal at https://portal.phoenixnap.com

    3. Replacement
      Best Effort Hardware Replacement Guarantee

      We hate it when things aren't working. If hardware belonging to us and located within PNAP’s datacenter fails, PNAP will replace it ASAP. To report a failure, send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com. Edge locations might be a subject to restrictions and additional time needed.

    4. Compensation
      Applicable to services with a minimum commitment of 1 month

      Monthly availability

      Sequential minutes of downtime

      Maximum credit based on MRC for each affected service

      99.999%-99.99%

      26 seconds up to 4 minutes

      0%

      99.99%-99.9%

      4 minutes up to 44 minutes

      10%

      99.9%-99.8%

      44 minutes up to 97 minutes

      25%

      <99.8%

      Over 97 minutes

      50%


      Applicable to services with an hourly commitment

      Hourly availability

      Sequential minutes of downtime

      Maximum credit based on MRC for each affected service

      99.999%-93.34%

      26 seconds up to 4 minutes

      0%

      <99.34%

      Over 4 minutes

      100%


    5. Billing

      BMC Instances (servers) are invoiced monthly in a post-use model.

      1. Hourly instances - instances which reserved on an hourly base will be billed in 1-hour increments and usage will be rounded up to the next hour. For example, usage for 1 hour and 15 minutes will be considered a 2-hour reservation and billed accordingly.
      2. Monthly/Yearly reservations - instances will be billed monthly regardless of usage and based on the prices corresponding to the term of the commitment.
      3. Bandwidth - bandwidth will be billed monthly on per usage base at per GB rates corresponding to price points to specific geographical location. In case of applicable bandwidth bundle all bandwidth within the service corresponding location will be applied towards the bundle first and all remaining bandwidth will be billed at standard per GB rate for the location.

    Megaport Cloud Router (MCR) SLA

    The Megaport Cloud Router (MCR) is a third-party managed virtual routing service for deploying Layer 3 private connectivity between different networks and service providers. It may be used to connect two or more independent Virtual Cross Connect (VXC) services in a single routing domain, thus providing Internet Protocol (IP) connectivity between all the VXCs attached to that MCR.

    1. Service Availability
    2. The MCR service has a service availability target of 100%

      1. Service Availability Definition
      2. Service Availability is calculated per Charging Period as Uptime divided by (the number of minutes in the Charging Period less Excused Downtime), expressed as a percentage.

      3. Charging Period Definition
      4. Charging Period means the charging period applicable to the Client’s Service, as specified on the Service Order (and if not specified, a monthly Charging Period applies).

      5. Uptime Definition
      6. Uptime means the number of minutes in the Charging Period where the MCR is running and able to route packets between connected VXCs.

      7. Excused Downtime Definition
      8. Excused Downtime is defined as the number of minutes in the Charging Period, rounded to the nearest minute that the link state of Client’s MCR is unavailable due to:

        1. Actions of the Client or others authorized by Client to use the Service under the Agreement;
        2. The acts or omissions of any third party or a fault on a third party’s network;
        3. The result of network maintenance activity;
        4. Denial of Service attack, hacker activity, or other malicious event or code targeted against PNAP or a Bare Metal Client. Failure of any Network or Internet Infrastructure not owned or managed by PNAP;
        5. Any failure, incompatibility or error in the configuration of the Client’s equipment or cabling.
        6. PNAP suspending the Service in accordance with the Service Level Agreement or the Acceptable Use Policy;
        7. An intervening event.
    3. Service Credits
      1. If PNAP fails to meet the Service Availability target in a Charging Period, client will be able to claim a Service credit calculated as:
      2. Downtime x Recurring Charge

        Charging Period

        Where:

        1. Downtime is calculated per Charging Period as the total number of minutes in the Charging Period less (Uptime plus Excused Downtime); and
        2. Recurring Charge means the recurring charge applicable to the applicable Charging Period.
      3. The following conditions apply to Service Credits:
        1. Where a Service credit is available, the credit is Client’s only remedy in the event of PNAP’s failure to meet the Service Availability target.
        2. Service credits are not available if Client has failed to pay charges for the service when due and payable.
        3. Client must apply for the Service Credit by giving PNAP notice of its claim within thirty (30) calendar days of the end of the Charging Period to which the credit applies.
        4. The Service Credit can only apply as a credit to Client’s Megaportal account and cannot be redeemed for cash.
        5. The maximum Service credit available for each Service in a Charging Period will not exceed one hundred percent (100%) of the total Recurring Charges for that Charging Period for that Service.

    Additional notes and conditions

    1. REPORTING REQUIRED
    2. Client should report downtime incidents to us via email to support@phoenixnap.com or submission through PNAP’s portal at https://portal.phoenixnap.com within three (3) days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and verifies an outage, and ends when PNAP has, at its sole discretion, resolved the issue.

    3. EXCLUSIONS
    4. If Client are currently behind in payments for Client’s accounts, or have been behind 3 or more times in the preceding 12 months, Clients don't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions and are therefore not entitled to SLA credits.

    5. SUPPORT
    6. 20 Minute Support Response Guarantee. PNAP guarantees that one of PNAP’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@phoenixnap.com.

  3. Provisions of Services

    Contingent upon Phoenix NAP’s acceptance of an Order and subject to the terms of the MSA, Phoenix NAP agrees to use reasonable commercial efforts to provide the Services subject to the terms of the Service Level Agreements. Phoenix NAP retains the right to reject the request for Services by any individual or entity in its sole discretion. Client agrees to pay all charges in advance for the service selected by the Client in the Client Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges, and optional charges incurred by the Client. Payment may be made by check, PayPal, Wire, or credit card. If Client elects to utilize our Auto Charge feature, Client agrees to allow Phoenix NAP to charge the Client’s credit card in advance each month. Client hereby authorizes us to automatically charge any amounts the Client owes to Phoenix NAP to any credit card provided by the Client. Client also agree that at any time after the 1st of the month, Phoenix NAP may prorate the next invoice to reflect a full month’s charges plus a sufficient number of days to have all subsequent billing periods start on the first of the month. The Third Party Services are provided by the relevant Third Parties and Phoenix NAP is not responsible for the provision of Third Party Services.

  4. Age

    Client must be at least 18 years of age or otherwise have the legal capacity to order Services. If Client is ordering Services on behalf of an employer, company, or other legal entity, Client represents and warrants that it has the legal right and authority to order Services and be bound to this MSA.

  5. USE OF AND ACCESS TO THE SERVICES

    Ordering and Modification of Services

    Client may order Services and all upgrades to such Services through the Client Portal or as otherwise designated by Phoenix NAP. Phoenix NAP may accept such Orders in its discretion and shall give notice to Client of acceptance of such Order through the Client Portal. For downgrades or cancellation of Services, Phoenix NAP requires a written cancellation notice by cancellation ticket through support@phoenixnap.com in accordance with the procedures in the Client Portal and through the Client Portal a minimum of 24 hours prior to 00:00:01 CST (GMT-7) on the Anniversary Billing Date for downgrades or discontinuance of Services. The failure to provide the required 24 hours written notice will result in the downgrade or discontinuance of Services being effective on the following Anniversary Billing Date and Client will be charged for the Services during the relevant Renewal Term. Any Services cancelled prior to such 24 hour period will remain accessible to Client until the automated process reclaims the server on the Anniversary Billing Date.

  6. Rights to Use Services

    Subject to the terms and conditions of this MSA (including the Term), Phoenix NAP grants Client a non-exclusive, nontransferable, non-sublicense able (except to the extent required to exercise rights under Section 3(b) (ii.), revocable right in the Services solely to: (i) use and access the Services for internal purposes; and (ii) use the Services to create, offer and provide the Client Offerings.

  7. Client Obligations

    Client agrees to do each of the following:

    1. comply with all applicable laws, rules and regulations, including, without limitation, the Foreign Corrupt Practices Act and related international anti-corruption laws and the Digital Millennium Copyright Act, Berne Convention, and related copyright laws;
    2. pay the fees for the Services when due;
    3. use reasonable security precautions for providing access to the Services by its employees or other individuals to whom it provides access;
    4. cooperate with Phoenix NAP’s investigation of outages, security problems, and any suspected breach of the MSA;
    5. comply with all license terms or terms of use for any software, content, service or website (including Client Content) which Client uses or accesses when using the Services;
    6. give Phoenix NAP true, accurate, current, and complete Account Information;
    7. keep Client’s Account Information up to date;
    8. be responsible for the use of the Services by Client and Client End Users and any other person to whom Client has given access to the Client Offering;
    9. comply with the TPS Agreements;
    10. use commercially reasonable efforts to prevent unauthorized access to or use of the Services and immediately notify Phoenix NAP of any known or suspected unauthorized use of Client’s account, the Services or any other breach of security; and
    11. where the Client provides Client Offering as permitted under this Agreement, Client must enter into an agreement with Client’s End User which shall include the relevant terms of this Agreement and release Phoenix NAP from any and all liability for damages or losses Client’s End Users may incur as a result of using the Client Offering. Client may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, Client may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act. Client may not resell any of the Services alone to any Third Party without first entering into a reseller agreement with Phoenix NAP.
    12. for Bare Metal Cloud (BMC) services, Phoenix NAP charges are respective of Egress (outward) data traffic only. Ingress (inward) data traffic is provided free of charge. In its sole discretion, Phoenix NAP reserves the right to charge clients for Ingress data traffic flow in instances of abuse which are beyond the limits of fair usage.

  8. Special Terms for Third Party Services

    To the extent Client orders Third Party Services under TPS Agreements, Phoenix NAP is not responsible for such Third Party Services and the provider of the Third Party Service is solely responsible for providing such Third Party Services.


v.5; 05302023