Nutanix DRaaS Service Level Agreement

This Service Level Agreement (“SLA”) is subject to the Nutanix License and Services Agreement (“Agreement”) governing Your use of Nutanix DRaaS (“Service”). All capitalized terms not defined in this SLA have the meaning ascribed to them in the Agreement.

Definitions

Billing Cycle means a recurring monthly term applicable to Your Service as defined in the Entitlement.
Recovery Plan is a unit of failover.
Recovery Time Objective (RTO) means the ability to activate a Recovery Plan within the time frame specified in our Service Commitments, during a planned or unplanned failover scenario. Recovery plan activation time is measured from the time of receipt of an activation command (via UI or API) to the time when the VMs in the Recovery Plan have their virtual machines in a powered on state on the Service.
Recovery Point Objective (RPO) means the ability to successfully recover from a Snapshot taken within the time frame selected by You on the Service as a virtual machine in powered on state, during unplanned failover scenarios.
Region means a geographical location of data centers as published by Us and selected by You for the Service.
Snapshot means an archival copy of Your storage volume, database or VMs.

Service Commitments are defined as the following:

We will use Our commercially reasonable efforts to meet the following Service Commitments to You for the respective actions and features of the Service:

Remedies

The following Service Credits are Your exclusive remedy for any performance or availability issues for any Service under this SLA. They are aggregate Service Credits amounts per Billing Cycle regardless of the number of Service unavailability events per Billing Cycle.

Limitations

This SLA and any applicable Service Commitments do not apply to any performance or availability issues arising out of:

1. Factors beyond our control (e.g., natural disaster, war, acts of terrorism, riots, government action, or failure of network, or device not owned and operated by Us, including at your site or between your site and our data center);
   
2. Your use of services, hardware, or software not provided by Us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
   
3. Your use of the Service inconsistent with applicable service descriptions and guidance provided by Us in connection with the Cloud Services or Your violation of the Agreement;
   
4. Your action (or inaction when required), including failure to properly configure Your Content or assets (virtual or physical), failure to follow applicable policies, including acceptable use, failure to provision adequate bandwidth or compute resources, failure to secure your credentials, and failure to follow required security practices;
   
5. VMs for which the replication of a Snapshot to the Service has not been fully completed or for which the RPO has been changed within the preceding 24 hours;
   
6. “Scheduled Maintenance” which means planned maintenance when necessary to improve quality and security of the Service. Scheduled Maintenance will be communicated 7 calendar days in advance and will be scheduled outside of standard business hours in a Region. Nutanix will endeavor to minimize any impact to Your ability to Use the Service during Scheduled Maintenance
   
7. “Emergency Maintenance” which means maintenance necessary to maintain continuity or avoid disruption to the Service. Nutanix will endeavor to minimize such Emergency Maintenance and any impact to Your ability to Use the Service during Emergency Maintenance;
   
8. Fail back operations (applies to RPO & RTO);
9. Use of the Service to protect VMs in quantity in excess of allowable maximum for the Service;
   
10. Staggered delays, custom execution scripts, database startups and Recovery Plans with configurations in excess of (i) 200 protected VMs, (ii) daily data rate change of 200 Mbps for VPN based connectivity assuming uniform distribution during the day, (iii) daily data rate change of 300 Mbps for Direct Connect based connectivity assuming uniform distribution during the day, and/or (iv) 5 parallel recovery plans;
    
11. Your use of No-Charge Services
    

Service Credit Claims

You may initiate a claim for Service Credit by opening a support case. To help Us evaluate Your request, please include detailed information substantiating the claim, including

• Description of the incident that you believe caused SLA violation
• Time, and Region of the incident
• Impacted VMs, users and any other entities applicable
• Screenshots of the incident that depict your attempt to use the Service and the response from Service
• Any applicable log files

Service Credit for recovery availability, RTO and RPO violations will be calculated as the percentage of the Billing Cycle charges for those VM’s which experienced an RTO or RPO violation. Service Credit is the dollar amount applicable as credit to the next billing cycle after the Service Credit request is approved.

The Service Credit will be applied as a credit in the next Billing Cycle immediately following the Billing Cycle in which the Service Credit request is recognized and must be used in the same Billing Cycle in which it is applied or it is void. Service Credits apply only to fees paid for the Service that experienced the service unavailability.

You must submit a service credit claim within 30 days of the incident.

Once you provide all the information in the claim, Nutanix will process the claim within 30 days from the day when the last supporting documentation is received.

If Your claim is eligible for Service Credit, Nutanix will apply the Service Credit to your account and for the specific service to the next available Billing Cycle.