Service Level Policy - Product Guide

Submitted by [email protected] on Mon, 09/26/2016 - 15:24

Last updated: November 2, 2016

This Service Level Policy governs the use of Acquia Cloud Enterprise and Acquia Cloud Site Factory (each, a “PaaS”) under the terms of the applicable Order between Acquia and Customer.

  1. Service Commitment

    Acquia will use commercially reasonable efforts to make PaaS infrastructure available for 99.95% during any calendar month during the applicable Subscription Term (the “Service Commitment”). In the event Acquia does not meet the Service Commitment, Customer will be eligible to receive a Service Extension as described below.

  2. Definitions

    “Availability” will be calculated per calendar month, as follows:

    Availability formula

    where:

    • total means the total number of minutes for the calendar month
    • nonexcluded means downtime/unavailability that is not excluded
    • excluded means the Service Commitment exclusions defined below.

    “Unavailability” means that the PaaS infrastructure is unresponsive or responds with an error.

  3. Service Extension

    In the event Acquia does not meet 99.95% general availability of the PaaS for a calendar month, for each one-half hour of unavailability Customer will receive a one-day extension of their Subscription (each a “Service Extension”). To properly claim a Service Extension, Customer must inform Acquia within fifteen days of the purported outage and provide a full description of the service interruption, including logs if applicable. If Customer has accumulated Service Extensions during two consecutive months or three months in any six-month period, Customer may terminate the applicable Order upon seven days advance written notice to Acquia. In the event Acquia any Unavailability of the PaaS is directly attributable to flaws in Customer’s environment (including the underlying code) where, despite reasonable notification from Acquia that such flaws are adversely impacting availability and Customer fails to correct such flaws, then Acquia may terminate the applicable Order upon 30-days written notice to Customer. The Service Extension and termination rights constitute Customer’s exclusive remedy and Acquia’s sole liability and obligation for any failure to maintain the Service Commitment.

  4. Service Commitment Exclusions

    The Service Commitment does not apply to any Unavailability, outage, suspension or termination of any Acquia PaaS performance issues:

    1. that are caused by factors outside of Acquia’s reasonable control, including any force majeure event, network intrusions or denial of service attacks;
    2. any outages that result from any actions or inactions of Customer or any third parties engaged by Customer, missing Customer Data, errors caused by Customer code or Drupal configuration errors, or usage capacity in excess of the Customer purchased amount;
    3. any outages caused by programming errors in Customer’s website(s), programming bugs in the third-party extensions/modules made available through Acquia Cloud or the Acquia Cloud Site Factory Platform, Drupal Modules with Acquia Cloud Site Factory;
    4. any outages attributable to flaws in Customer’s environment (including the underlying code) where, despite reasonable notification from Acquia that such flaws are adversely impacting availability and Customer fails to correct such flaws (e.g., failure to upsize to recommended hardware configuration);
    5. any outages lasting less than 1 minute but no more than 3 such outages in a 24 hour period;
    6. any outages related to emergency maintenance to Customer’s website(s) (e.g., to install security fixes);
    7. any outages resulting from scheduled maintenance (typically 11pm to 7am at the datacenter location identified on Customer’s Order), if Acquia notified Customer 48 hours prior to the commencement of the maintenance work (there will be no more than two hours of scheduled maintenance downtime per calendar year);
    8. Unavailability that relates to any malware, viruses, Trojan horses, spyware, worms or other malicious or harmful code in the website that (1) was not introduced by Acquia or (2) was not introduced as a result of Acquia’s failure to perform the Services in compliance with the standard included herein or in the Subscription and Services Agreement;
    9. acts or omissions caused by Customer’s CDN.

    In addition, unavailability of some specific features or functions within the website while other features remain available will not constitute Unavailability of the website, so long as the unavailable features or functions are not, in the aggregate, material to the website.

    In the event of any outages described above, Acquia will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the website in connection with outages, whether scheduled or not. Such efforts will include instances in another Availability Zone if available.

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