Infrastructure
We guarantee that your server hardware will be functioning 99.9% of
the time in a given month, excluding scheduled maintenance. This
includes being powered but does not include an outage on an
individual power supply on your servers if the server is still
powered and functioning through the other power supplies.
Infrastructure downtime exists when a particular server is shut down
due to power, heat, or hardware failure problems. We guarantee the
functioning of all server hardware components and will replace any
failed component at no cost. “Hardware” means the processor(s), RAM,
hard disk(s), motherboard, NIC card and other related hardware
included with the server. Hardware replacement will begin once we
identify the cause of the problem. Hardware replacement is guaranteed
to be completed within four hours of problem identification. We will
replace the individual component or issue you a new server at our
option to meet the guarantee time. If we issue you a new server you
will need to restore data to it as we are not responsible for backups
or data integrity in any form. We can also move data drives to the
new server for you at your request which may take additional time.
Guarantee
Ionstream will credit your account the pro rata portion of the monthly
charge for the server affected that falls short of the 99.9% uptime.
GPU-Level Uptime
In addition to the Infrastructure and Network Uptime guarantees above,
Ionstream guarantees that each GPU server delivered under the applicable
Customer Success Order will be Available for at least 99.9% of each
calendar month (“GPU Uptime”), measured per server. GPU Uptime is
measured as the average availability of all GPUs within a server during
a calendar month. Individual GPU failures within a server shall not
constitute a server-level Uptime breach unless the server’s average GPU
Uptime falls below the guaranteed threshold. A GPU is “Available” when
it is powered, responsive to Ionstream’s standard monitoring systems
(polled at intervals no more frequent than every five (5) minutes), and
capable of executing
workloads. Individual periods of GPU unavailability lasting less than
five (5) consecutive minutes shall not be counted toward GPU Uptime
calculations.
EXCLUSIONS: GPU server Uptime shall not include periods
of unavailability resulting from:
- (a) Scheduled maintenance windows (provided Customer is given at least five (5) business days' prior written notice);
- (b) Customer's or its authorized users' acts or omissions, including misconfiguration, unauthorized software, or workload errors;
- (c) Force majeure events;
- (d) Third-party network, power, or infrastructure failures beyond Ionstream's reasonable control;
- (e) Customer's failure to provide required access or cooperation;
- (f) Previews, beta services, or experimental features; or
- (g) Any maintenance or repairs necessitated by Customer's breach of the Agreement.
Guarantee
If monthly GPU server Uptime falls below 99.9%, Ionstream shall credit
Customer against the following month’s recurring GPU Fees for the
affected servers on the following schedule: individual gpu and server
level outage due to hardware failure - up to 8 hours due to a server or
component failure that is replaced and remedied or replaced with a
spares pool server, 0 downtime credit, longer than 8 hours a credit of
the actual downtime unless the overall gpu total server availability is
lower than 99.9% in which case the actual downtime of the affected
servers will be credited that exceeds the overall uptime objective. For
example if one server is down for 4 hours but the rest are up 100% and
out of the cluster of total servers the downtime overall is less than
.1 % there will be no credits achieved. If the fleet of servers
experiences an overall downtime exceeding cumulative .1% then the
actual downtime shall be credited to the servers affected by the
outage.
SPARES POOL: Ionstream will maintain full server spares
and make available spares to client within 8 hours if individual server
downtime is not resolved. The spares pool shall constitute 3% of the
amount of servers in the cluster rounded up to the nearest whole number.
If client is using the ionstream “GRAVITY” automation portal then the
problem server may be destroyed by customer and replaced with an
available pool spare. If one is not in the pool ionstream will
implement one out of the 3% pool within 4 hours. If client is not using
Gravity then standard hardware replacement will apply.
CREDIT EXCLUSIVITY: GPU server Uptime credits are
Customer's sole and exclusive remedy for any failure to meet the GPU
Uptime guarantee, and shall be Customer's sole and exclusive remedy for
any Service unavailability. In no event shall Customer be entitled to
any additional damages, refunds, offsets, or other relief arising from
or related to GPU Uptime shortfalls beyond the credits expressly set
forth herein.
Network Uptime
We guarantee that our GPU network will be available 99.9% of the time
each month, excluding scheduled maintenance. The GPU network consists
of the portion of the Ionstream network that extends from the outbound
port on your GPU server to the outbound port of the Ionstream data
center border router where it interconnects with the upstream ISP
transit provider’s equipment.
Guarantee
We will credit your account the pro rata portion of the monthly charge
for network downtime that falls short of the 99.9 % uptime. DDOS and
performance issues such as partial packet loss that does not result in
an outage are excluded.
Exclusions
- Scheduled maintenance on all equipment and operating system updates are excluded and not calculated in downtime.
- Support or issues due to applications outside of the hardware.
- Internet issues that are outside of the Ionstream network (at the point of egress to the upstream transit provider).
- None of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits.
Credit Requests
You must initiate a support ticket during the outage requesting
assistance to remedy the outage. If you do not initiate a ticket
alerting ionstream to the outage then you will not be owed any credit
for the time until the ticket is opened. You must then update the
ticket requesting a credit for the outage, and request that a credit be
applied to your account. Merely initiating a support ticket related to
an outage will not result in any credit to your account. Initiating a
support ticket and requesting a credit is what triggers an event for
any potential credits; however, Ionstream must still determine, in its
sole discretion, whether or not an eligible outage has occurred. If
Ionstream determines that an eligible outage has occurred, then the
ticket you generated will be used to generate a credit.
Notice and Cure
Customer must notify Ionstream in writing within fifteen (15) business
days after the end of the calendar month in which the alleged Uptime
shortfall occurred, specifying the affected server and the nature of
the claimed shortfall in the original service ticket for the outage.
Claims not submitted on the original ticket within 15 days after the
end of the month that it occurred in are not eligible for
reimbursement. Ionstream shall have ten (10) business days following
receipt of such notice to investigate and, if applicable, issue the
credit. To reiterate this important process: THE CUSTOMER MUST OPEN A
TICKET NOTIFYING IONSTREAM OF DOWNTIME WHEN THE DOWNTIME OCCURS AND
THAT IS WHEN THE DOWNTIME CLOCK STARTS FOR CREDIT PURPOSES SO THAT
IONSTREAM MAY REACT AND REMEDY THE OUTAGE. CREDITS ARE ONLY DUE IF THE
SHORTFALL IS CONFIRMED AFTER IONSTREAM’S INVESTIGATION.
Client’s claim must include at least the following information:
- i. A detailed description of the incident, including the logs or messages for request failure documenting the errors and claimed outage;
- ii. The date, time, and duration of the Downtime;
- iii. Information relating the affected instances; and
- iv. Any other information that Company reasonably asks Client to provide to support its claim.
Additional Terms
- a) In the event of any inconsistency between Client's and Company's system records relating to Client's claim, unless the discrepancy is caused by any material error or malfunction of Company's system, Company's system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to Client.
- b) This SLA shall constitute part of Client's agreement for its purchase and use of Services.
- c) In no event shall the credits ever exceed the amount paid for the month of service.
- d) SLA credits are customers only and exclusive remedy for downtime.
