Schedule 2N
Additional Terms for Virtual Data Centre Service
1.
SERVICE DESCRIPTION
Interoute's Virtual Data Centre Service allows Customers to provision processing, storage,
networks, and other fundamental computing resources where the Customer is able to deploy and
run arbitrary software, which can include operating systems and applications. The Customer does
not manage or control the underlying cloud infrastructure (Interoute VDC Platform) but has
control over operating systems, storage, deployed applications and virtualized networking
components.
2.
DEFINITIONS
“Aggregate Usage” is the total amount of usage – equal to the usage defined by the Committed
Billing Model plus any Burst usage;
“Billing Model” means either a Utility Billing Model or a Committed Billing Model;
“Burst” means the Customer’s ability to increase the amount of assigned resource beyond those
defined by their Committed Billing Model or Fair Use. Any additional usage is variable and billed
on a per hour (or part thereof) usage rate. Burst usage is calculated at the end of each Monthly
Review Period;
“Committed Billing Model” means a Billing Model where a fixed amount of resources is delivered
on the VDC Platform in exchange for a fixed Monthly Charge. Any excess resource usage is
charged as Burst;
“Fair Use” means the free use of resources in a calendar month as allowed by the Fair Use Policy;
“Fair Use Policy” means the policy for usage of resources made available without charge as
further defined in clause 9 of this Schedule;
“Incident” means an unplanned interruption to the Service or deterioration in the normal quality
of the Service;
“Interoute IP Network” means the Interoute owned Pan-European network equipment
monitored and managed by the Interoute Network Management Systems for the purpose of
transporting Customer IP traffic;
“Order” means a Purchase Order or an order created through Interoute website;
“Persistent” referred to storage means the ability of storage to exist separately from a Virtual
Machine as defined further below (i.e. a Virtual Machine can be destroyed and the persistent
storage that it is associated with persists);
“Region” means a grouping of one or more Zones (as defined further below) within Interoute’s
VDC Platform (as defined further below). Interoute regions are defined as the following ones:
Region 1 – All Zones located in European countries.
Region 2 – All Zones located in North America.
Region 3 – All Zones located in Asia-Pacific.
“Scheduled ICMP Pings” means the ICMP Pings performed by Interoute at regular intervals of
five (5) minutes to all core components of the VDC Platform as defined further below.
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“Service” means Interoute’s virtual data centre service as described in Clause 1 of this Schedule
2N supported by the VDC Platform as defined further below;
“Utility Billing Model” means a Billing Model where no commitment is made for resources
delivered on the VDC Platform, any resource usage is variable and charged on a per hour (or part
thereof) usage rate. The Utility Billing Model carries no recurring Charges and associated usage
is calculated at the end of each Monthly Review Period;
“Virtual Data Centre Environment” means the Virtual Machines, storage and networking that the
Customer has created using the Service;
“Virtual Data Centre Platform” or “VDC Platform” means the Interoute global virtual data centre
platform which consists of the components that support the creation of a Virtual Data Centre
Environment as defined further below (virtual machine, storage and connectivity) by the
Customer. The VDC Platform includes host switching, network, computing, storage, servers and
hypervisors;
“Virtual Machine” means a software implementation of a physical server or machine. It is
created and managed by the Customer.
“Zone” means the geographic location of the underlying physical computing or storage
infrastructure used within VDC Platform to provide the Service as chosen by the Customer during
ordering process;
3.
VDC STORAGE
3.1. Interoute’s VDC storage products are deployed using redundant storage technology to reduce
the impact of physical component failures such as disk failures. Interoute aims to replace failed
hardware components within 24 hours. Should a single disk within a RAID array fail, Interoute
will rebuild the integrity of the RAID array, provided no further disk failures in the RAID array
occur before the RAID array is rebuilt.
3.2. Recovering data after a more than one disk fails in a RAID array or other comparably complex
recoveries is outside of Interoute’s responsibility and is not covered by the Availability SLA or
these Additional Terms.
3.3. In the event of an Incident causing VDC storage failures, Interoute will determine the extent of
effort and resources required to recover Customer’s data from the failed storage and use
reasonable endeavours to return the Service to pre-failure state as solely determined by
Interoute. Interoute does not assist with any application software. No guarantee is provided on
the success of any data recovered following a data recovery event.
3.4. The Customer may select the Zone where their data is stored.
4.
RESOURCE ALLOCATION AND USAGE
4.1. Interoute reserves the right to:
a.
audit the allocation of resources.
b.
apply Burst charges if aggregate data transfer continuously exceeds the Fair Use.
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4.2. If Interoute determines that VLAN and Internet IP addresses are reserved yet unallocated for
greater than thirty (30) days, Interoute reserves the right to reclaim the addresses space from
the Customer’s allocation.
4.3. The Utility Billing Model operates a policy for its computing resource allocation per Customer,
whereby the total ratio of RAM to CPU is more than 6 GB RAM : 1 vCPU or less than 1 GB RAM :
1 vCPU. The Customer shall comply with the said ratio(s). Failure to do so for greater than five
(5) consecutive days, shall entitle Interoute to either;
a.
charge based on a 3GB RAM : 1 vCPU ratio, calculated on the actual use of either the
RAM use or vCPU use, whichever is greater;
or,
b.
modify the Service as Interoute reasonably sees fit.
4.4. Where a Customer purchases a third-party application and Interoute need to rely on the
Customer to report usage for billing purposes the Customer shall report to Interoute usage of
such specific product in accordance with the instructions provided by Interoute at the time of
purchase. Interoute shall have the right to audit such Customer usage and reports. Customer’s
failure to report in accordance with Interoute’s instructions shall be deemed as a material
breach by Customer.
4.5. Customers are allocated a set amount of network resources relating to VLANs and IP Addresses,
which is communicated at the time of purchase.
4.6. Interoute may at any time add or remove features and offers or stop offering a certain package.
Any such change will be effective as of the date indicated by Interoute and will only be available
to Customers signing up starting from the time of the offer.
4.7. Where the Customer is under a Committed Billing Model, Interoute will provide VDC Platform
resource capacity to allow the Customer to Burst by up to an additional 50% relative to fixed
resource level agreed as part of such Committed Billing Model. Any higher Committed Billing
Model Burst or Utility Billing Model Burst will be provided on a first come, first served basis only.
5.
SERVICE LEVELS
5.1. Interoute shall use all reasonable endeavours to ensure that the VDC Platform is 99.99%
available (“Availability”). The Service shall be considered as “Unavailable” when the Availability
falls below 99.99%;
For the avoidance of doubt, the Availability objective is not a measurement of operating systems,
storage, deployed applications and virtualized networking components. Any failures of such
elements shall not count for the purpose of determine whether the Service is Available.
5.2. Availability calculation: Interoute uses Scheduled ICMP Pings to determine the percentage of
time that the VDC Platform was Available according to the following formula:
5.3. For the purpose of Availability measurement, support time excludes any Planned Outage.
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6.
SERVICE CREDITS
6.1. Failure to meet the Availability objective entitles the Customer to claim Service Credits. The
Customer must provide to Interoute all reasonable details regarding the relevant Service Credits
claim, including but not limited to, detailed descriptions of the Incident, its duration and any
attempts made by Customer to resolve it. Interoute will use all information reasonably available
to it to validate claims and make a good faith judgment on whether the Service Levels apply to
the claim.
6.2. Unavailability of the Service cannot be used to claim failure of another Interoute service.
Interoute shall not be responsible for any cross default.
6.3. Service Credits are calculated on a monthly basis. Where Availability falls below 99.99%, Service
Credits will be offered in the form of additional VDC Platform resources (RAM, CPU and Storage)
and credited for future use.
6.4. Service Credits will not exceed 300% of the time the resource was Unavailable. A Service Credit
will be applicable and issued only if the credit amount for the applicable monthly billing cycle is
greater than one Euro (€).
7.
CHARGES
7.1. The Charges applicable to the Service depend on the Aggregate Usage and vary by the chosen
Billing Model:
a.
For the Committed Billing Model the Charges are:
b.
I.
a fixed Monthly Charge for fixed, pre-agreed resources;
II.
a variable Monthly Charge for additional Burst resource use.
For the Utility Billing Model the only Charge is:
I.
A variable Monthly Charge for resource use.
7.2. Unless otherwise agreed between the Parties in the Order, Charges for the Service will be
invoiced in accordance with the terms specified in Schedule 1 for the amounts detailed in the
Order or Change Order.
7.3. A Monthly Charge will be invoiced to the Customer equal to their Aggregate Usage billed on per
hour usage rate. Where resource usage includes part of an hour, the Charges shall be rounded
up to the next full hour.
7.4. Interoute reserves the right to change the Utility Billing Model charges and/or the Burst charges
upon one month advanced notice.
8.
LIABILITY
8.1. The Customer and/or any appointed Authorised Representatives of the Customer is solely
responsible for the following:
a.
design, maintenance and management of functions operating within the Customer’s
Virtual Data Centre Environment;
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b.
managing, developing, operating and enforcing any operational policies or processes for
functions operating within the Customer’s Virtual Data Centre Environment, including
but not limited to:
i. the management of the Customer’s data, data archiving, data encryption, data
backup, data location;
ii. Virtual Machines, their operating systems and applications installed on them;
iii. networking created within the Customer’s Virtual Data Centre Environment;
iv. The design, management and maintenance of the any networks built therein, access
and associated security;
v. software licensing;
vi. network and data security;
vii. software compatibility.
8.2. Except for as set out in these Additional Terms and Schedule 1, Interoute shall have no further
liability to the Customer.
9.
FAIR USE POLICY
Interoute provides network bandwidth for the movement of data using the Interoute IP Network
between Zones as well as to and from the Internet without charge but subject to the Fair Use
Policy as set forth in this Clause 9.
Interoute reserves to exercise the Fair Use Policy at its sole discretion.
Interoute reserves the right to throttle or limit bandwidth where the Customers’ use of the
Virtual Data Centre Environment detrimentally impacts other Interoute Customers.
The Fair Use allowed (free of charge) is directly proportionate to the total Charges for the Service
across all Zones (in Euros and excluding charges for software licenses) in the relevant calendar
month. The Fair Use allows for a maximum bandwidth measured in megabits per seconds
(Mbps).
What is considered as Fair Use varies depending on the source and the destination of data as
follows:
I.
for Intra-Region data movement i.e. for all data movement, both inbound and
outbound, between any Zone(s) within the same Region the Fair Use is
unlimited for all Regions.
II.
for Internet data movement i.e. for all data movement, both inbound and
outbound, between any of the Zones and the Internet all Regions have a Fair
Use of up to 0.05 Mbps bandwidth per 1 Euro of Charges for the Service in the
calendar month. Excess bandwidth will be charged at €10 per additional Mbps.
III.
for Inter-Region data movement i.e. for all data movement both inbound and
outbound between any Zone within a specific Region and another Region, all
Regions have a Fair Use up to 0.05 Mbps free bandwidth per 1 Euro of Charges
for the Service in the calendar month. Excess bandwidth will be charged at €30
per additional Mbps.
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9.1. Data Fair Use allocations are not compound; each Euro of Charges can be effectively allocated to
one use only (for example Internet data).
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