This Service Level Agreement (“SLA”) for Cloud Volumes Service for GCP (“Service”) is part of the NetApp Cloud Services-Terms of Service (“Terms”). Capitalized terms used, but not defined in this SLA, will have the meaning assigned to them in the Terms.
If the Service does not achieve the service levels described in this SLA, then you may be eligible for a service credit.
We reserve the right to change the terms of this SLA or discontinue the SLA at our discretion. We will honor the SLA in effect at the outset of your subscription for the duration of your initial Subscription Term. However, if you renew your subscription, the version of this SLA that is in effect the time of renewal will apply throughout your renewal term.
“Allowable Downtime” means scheduled NetApp maintenance and upgrades or a temporary loss of Volume Connectivity that does not exceed five minutes.
“Control Plane” means a software layer that manages provisioning of the Service and routing of service traffic but does not access the Customer Content directly for read and write operations and does not implement the core service capabilities.
“Data Plane” means a software layer that manages data organization and management, storage devices, and read/write operations associated with Customer Content
“Downtime” means the total accumulated minutes that are part of Maximum Available Minutes that have no Volume Connectivity in each Google Cloud region, excluding a period when the Service is not available due to Allowable Downtime.
“Maximum Available Minutes” means the total number of minutes in a month.
“Provisioned Capacity” means the terabytes of the Service which are reserved for utilization.
“Uptime Percentage” means Monthly Uptime Percentage % = (Maximum Available Minutes – Downtime) / Maximum Available Minutes.
“Volume” means a logical resource in the Service that contains a file system and is used to store data.
“Volume Connectivity” means bi-directional network traffic between the Volume and other IP addresses using TCP or UDP network protocols in which the Volume is configured for allowed traffic.
NetApp will use commercially reasonable efforts to make the Service Control Plane available with an Uptime Percentage of at least 99.9%, during any monthly billing cycle.
NetApp will use commercially reasonable efforts to make the Service Data Plane available with an Uptime Percentage of at least 99.99%, during any monthly billing cycle.
If at any time during your Subscription Term, you determine that you are not receiving the Availability Service Level, initiate a case with Google technical support and include the following information:
We will evaluate all information provided and make a good faith determination as to whether a service credit is owed for the future use of the Service. The service credit will not exceed 20% of the monthly cost of your initial Provisioned Capacity performance tier for the affected volume.
You must initiate a case with Google technical support within four weeks of the incident, and you are only eligible to receive one service credit per month per account. The service credit can only be applied to towards your future payments for the Service.
This SLA does not apply to any issues which are attributable to: (i) Allowable Downtime; (ii) administrative actions taken by non-NetApp personnel that impact end user access; (iii) a force majeure event or factors which are outside NetApp’s reasonable ability to control; (iv) your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within NetApp’s direct control); (v) your use of the Service after we advised you to discontinue or modify your use of the Service, if you did not modify your use as advised; (vi) preview, pre-release, beta or trial versions or features of the Service; (vii) your failure to adhere to Service restrictions or the Acceptable Use Policy as identified in the Terms; (viii) data in transit authentication and/or encryption (signing and/or sealing); or (ix) any suspension and termination of your right to use the Service in accordance with the Terms.
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