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Service Level Policy - Product Guide

Last updated: May 17, 2021

This Service Level Policy governs the use of Acquia Cloud Platform Enterprise and Acquia 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 production PaaS infrastructure available for 99.95% or, if applicable, and purchased by Customer under the terms of the applicable Order, a premium SLA add-on of 99.99% (the “99.99% Uptime SLA”) during any calendar month during the applicable Subscription Term (the “Service Level Commitment”, as applicable).


2. Definitions

Availability will be calculated per calendar month, as follows:*

Availability formula

* The formula changes as applicable to the uptime SLA purchased by the customer.

where:

  • total means the total number of minutes for the calendar month.
  • non-excluded means the 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

If and to the extent Acquia fails to meet the applicable Service Level Commitment or a calendar month, for each one-half hour of unavailability Customer will receive a one-day extension of their Subscription (each a “Service Extension”); provided (i) Customer informs Acquia within fifteen days of the purported outage providing a full description of the service interruption, including logs if applicable, and (ii) requests a Service Extension in writing (email acceptable). When Customer entitlement to a Service Extension is confirmed by Acquia in writing (via email or support ticket), Acquia will apply such Service Extension to the end of the then-current applicable Subscription Term. 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 of an unavailability of the PaaS that 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 Level 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 Platform or Acquia Site Factory Platform, Drupal Modules with Acquia 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 one minute but no more than three such outages in a 24 hour period;
  6. any outages related to emergency maintenance to Customer’s website(s) (for example, to install security fixes);
  7. any outages related to the dev or staging environment;
  8. any outages resulting from scheduled maintenance (typically 11 PM to 7 AM at the data center 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);
  9. 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;
  10. 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.


5. Premium Add-On 99.99% Service Level Commitment

Acquia will provide the 99.99% Service Level Commitment only if purchased by the Customer, as indicated in the Order.

Customers who have purchased the 99.99% Premium Service Level Commitment must meet the following conditions for the premium Service Level Commitment to apply, unless otherwise set forth in the applicable Order:

  1. Customer must use one of Acquia’s CDN products, and follow all configuration recommendations.
  2. Customer’s application(s) must be running on the Acquia Cloud Next version of Cloud Platform.
  3. Customer must remain within the boundaries of Acquia’s documented Fair Use policies, as applicable for their Subscription.
Acquia Inc. reserves the right to change the Products and Services Guide based on prevailing market practices and the evolution of our products. Changes will not result in a degradation in the level of services provided during the period for which fees for such services have been paid.