SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) determines commitment between Yandex and Customer under Yandex.Cloud Customer Agreement (“Agreement”) regarding availability of Services. This SLA consists of Universal terms on Service Availability which apply to all Service Levels and Service Levels for specific Services. Capitalized terms used herein but not defined herein shall have the meanings set forth in Agreement.
UNIVERSAL TERMS1. Service Availability
1.1. Yandex commits to provide Customer with Service Uptime Percentage specified in Service Levels for specific Services.1.2. This SLA applies only to specific Services linked in this document and rendered only on fee-paying basis provided that Customer complies with AUP, Quotas, Limits and other technical restrictions established by Yandex.
1.3. In case of Unavailability, Customer shall send Yandex an Unavailability message, which shall contain:
(a) message subject: « [name of a Service] _service unavailability _ Customer’s name»,
(b) date and time when Service became unavailable,
(c) description of Service failure with a screenshot attached (if any).1.4. Customer undertakes to follow Yandex's instructions received in response on Customer’s message on Service Unavailability, and immediately inform Yandex when access to Service is restored.
1.5. Customer undertakes to cooperate with Yandex to detect the source of Unavailability, eliminate it and restore the operation of Service.2. Compensation
2.1. If Yandex does not meet the warranted Service Uptime Percentage, Customer will be eligible to receive Compensation. Service Level and amount of Compensation is determined for each Service separately.2.2. Compensation amount depends on an actual Service Uptime Percentage and total cost of used Service in Accrual Period, when Unavailability was recorded.
2.3. Compensation amount for each Service will, under no circumstances, exceed the total cost of the Service usage in Accrual Period, when Unavailability was recorded.2.4. To calculate Service Uptime Percentage in Accrual Period, Yandex may use its own data, if this data indicates commencing of Unavailability earlier than time specified by Customer in its Service Unavailability message.
2.5. Compensation is the sole and exclusive remedy and indemnification to Customer for failure to comply with the warranted Service Level.
2.6. Yandex will provide any Compensation only against future payments otherwise due from Customer. Compensation will discount the Service Fees in Accrual Period, in which Yandex calculated Compensation, and may not be used otherwise. The provision of Compensation implies no payment of funds to Customer.
2.7. Compensation will be calculated automatically based on Yandex's data. Compensation is provided within thirty (30) calendar days from the end of Accrual Period, in which Unavailability occurred, and (or) from when Customer sent a message to inform of the loss/damage of Customer's Content in an accident caused by Yandex, which Yandex subsequently confirmed. If there are any disputes in respect to Service Uptime Percentage in Accrual Period, provision of Compensation may be extended up to sixty (60) calendar days.
2.8. If Customer's Content is lost and (or) damaged in an accident caused by Yandex, Customer will be granted Compensation based on the Customer’s message. In that case, amount of Compensation is 100% of the Service Fee in Accrual Period, during which Customer`s Content was lost and (or) damaged. To receive Compensation, Customer shall submit a message to Yandex to inform of the loss/damage of Customer’s Content within thirty (30) calendar days from when Customer’s Content was lost/damaged, otherwise Customer waives its right for Compensation for Content’s loss/damage.
3.1. SLA does not apply to Unavailability caused by the following circumstances:
(a) actions of Customer and (or) third parties, including, but not limited to, the use of third-party equipment and (or) software resulting in Unavailability of Service;
(b) preventive maintenance and Emergency Works;
(c) a request of authorized public bodies in accordance with applicable laws;
(d) Customer does not comply with Agreement or AUP;
(e) force majeure;
(f) Customer uses Services with breach of technical limitations and/or in excess of the established Quotas and Limits.
3.2. Yandex may interrupt the operation of any Service to perform necessary preventive maintenance or Emergency Works.
3.3. Unavailability caused by Emergency Works or preventive maintenance shall not be compensated under this SLA, if the total Service Downtime does not exceed eight (8) hours in Accrual Period. If Emergency Works are required, Yandex may interrupt the operation of the Service without prior notice to Customer.
3.4. Yandex may interrupt the operation of any Service to perform necessary preventive maintenance, inter alia, on weekdays. In this case Yandex will notify Customer three (3) calendar days prior to the commencement of preventive maintenance that interrupts the operation of Service by posting the respective information on Site (including the duration of preventive maintenance).
3.5. Yandex is not responsible for any loss of, and (or) damage to Customer`s Content which arise from Customer's actions.
3.6. Yandex may refuse to provide Customer with Compensation, if Customer has Arrears with payments for Services, until Arrears are settled.Definitions
“Compensation” means Grant issued by Yandex to Customer for breach of warranted Service Levels.
“Emergency Works” means urgent works to prevent or fix accidents and other situations that compromise the safety and performance of Platform or Service.
“Maximum Service Uptime” means total number of minutes in Accrual Period subject to Section 3 “Exclusions”.
“Service Availability and/or Service Level” means Service Uptime Percentage in Accrual Period warranted to Customer for a specific Service.
“Service Downtime” means a period of Unavailability in Accrual Period (in minutes), which is determined on a basis of Yandex data on Unavailability of Services and/or as a period of time commencing from Unavailability message submitted by Customer to Yandex via the form in Management Console or by email till the moment of Service recovery.
“Service Uptime Percentage” means a Maximum Service Uptime, minus the number of minutes of downtime suffered from all Service Downtime periods in Accrual Period, divided by Maximum Service Uptime and multiplied on 100%.“Unavailability” means a period when Service works with an error. Unavailability is determined separately for each Service.
SERVICE LEVELS FOR SPECIFIC SERVICES
The list of Services which provides Service Levels and links for Service Levels for specific Service are available at: https://yandex.com/legal/cloud_sla_levels
Date of placement: April 23, 2019
Effective date: April 23, 2019