Last modified: November 18, 2020During Customer's Bare Metal Solution Order Term, the Covered Server will provide a Monthly Uptime Percentage to Customer of at least 99.9% (the "Service Level Objective" or "SLO"). If Google does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by Google to meet the SLO. Capitalized terms used in this SLA, but not defined in this SLA, have the meanings set forth in the agreement under which Google has agreed to provide Bare Metal Solution to Customer (as applicable, the "Agreement"). If the Agreement authorizes the resale or supply of Bare Metal Solution under a Google Cloud partner or reseller program, then all references to Customer in this SLA mean Partner or Reseller (as applicable), and any Financial Credit(s) will only apply for impacted Partner or Reseller order(s) under the Agreement.
The following definitions apply to the SLA:
- "Covered Server" means the applicable compute server and attached storage allotment provisioned in Customer's Bare Metal Solution environment.
- "Downtime" means any period of time where Customer cannot access the Covered Server via Cloud Interconnect.
- "Downtime Period" means a period of two or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than two minutes will not be counted towards any Downtime Periods.
- "Financial Credit" means the following:
Monthly Uptime Percentage Percentage of monthly bill for the Covered Server which did not meet the SLO that will be credited to future monthly bills of Customer 95.00% - < 99.9% 10% 90.00% - < 95.00% 25% < 90.00% 50%
- "Monthly Uptime Percentage" means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
- "Scheduled Maintenance" means any intentional, pre-scheduled maintenance of the Covered Server, provided that Google has given Customer at least 48 hours prior written notice of such maintenance.
Customer Must Request Financial Credit
In order to receive any of the Financial Credits described above, Customer must notify Google technical support within thirty days from the time Customer becomes eligible to receive a Financial Credit. Customer must also provide Google with log files or other reasonable documentation showing loss of external connectivity errors and the date and time those errors occurred. If Customer does not comply with these requirements, Customer will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, Google will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information.
Maximum Financial Credit
The aggregate maximum number of Financial Credits to be issued by Google to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by Customer for the Covered Server for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.
The SLA does not apply to any (a) features or services designated pre-general
availability (unless otherwise set forth in the associated Documentation), (b)
features or services excluded from the SLA (as noted in the associated
Documentation), or (c) errors or unavailability caused by or resulting from:
(i) factors outside of Google's reasonable control; (ii) Customer's software
or hardware or third party software or hardware, or both; (iii) abuses or
other behaviors that violate the Agreement; (iv) Customer's acts or omissions
(including reboots/shutdown of a Covered Server, system misconfigurations, or
lost credentials); (v) explicit written instructions to initiate Downtime
provided to Google by Customer; (vi) Google's intentional suspension of
Services as expressly permitted in the Agreement; (vii) Customer's failure to
upgrade to the latest available security patches or firmware/bios; or (viii)