Phoenix NAP Facility Service Level Agreement

Facility Service Level Agreement

Phoenix NAP, hereinafter referred to as Operator ("Operator"), is pleased to offer its Clients this Facility Service Level Agreement ("FSLA"), which sets forth the levels of service to which Operator shall provision the related Datacenter Services and the recourse for its failure to do so.

To support the best possible Client experience, Operator makes available to all Clients the elements of redundant service infrastructure which can be designed and used to achieve industry leading levels of reliability. Client and Operator recognize that the design, implementation and operation of systems are each integral to service level management – for this reason Operator allows each Client to choose its level of service infrastructure (i.e., single or dual power feed configurations) and the associated FSLA, as set forth below. The FSLA governs Operator's obligations to provide particular levels of service to Client. THE FSLA REPRESENTS CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY OPERATOR TO PROVIDE INTERNET DATACENTER SERVICES. Client waives its rights to all other remedies or recourse for any deficiency or failure of Operator to meet such stated service levels.

1. 100% Infrastructure Uptime

Operator guarantees that datacenter HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes all distribution infrastructures up to and including the outlet in the Client area. Infrastructure downtime exists when a particular piece of system critical equipment is shut down due to power, heat, or humidity issues.

2. Monitoring

Client is obligated to monitor services and events as agreed upon by Client and Operator. If Client identifies a failure event they are required to provide an e-mail to Operator at hostingsupport@phoenixnap.com regarding the failure. Upon receipt of the email, Operator will begin responding to event within 15 minutes using response plan provided by Client.

3. Power

Primary Circuit vs. Primary and Secondary Circuit

Client understands they are given the option to purchase power from divergent systems (Primary/Secondary Power) and it is Operator's strong suggestion that all Clients requiring mission critical uptime take advantage of this option.

Due to the increase in redundancy recognized by utilizing Primary and Secondary circuits, Client will receive a significantly increased payment schedule in the event of an outage on both circuits.

Client understands that by utilizing a pair of circuits as Primary/Secondary, the total amperage of both circuits cannot exceed 40% of their combined total load. For example, if both primary and secondary circuits have an amperage rating of 20 amps each—totaling 40 amps—then the amperage load combined across both circuits cannot exceed 16 amps (40% of 40 amps) combined. Exceeding this total will negate Operators' FSLA.

Operator will provide an outlet for both the Primary and Secondary Power drops. It is the Client's sole responsibility to utilize redundant power supplies and/or an automatic transfer switch (ATS) to failover in the event of an outage. Operator is not responsible for Client equipment that does not perform as desired during a transition.

Primary Power Quantity Availability

Client will be provided with up to 80% of breakered circuit (as mandated by 2008 NEC Section 210-19a) in a Primary power scenario or 40% of the total breakered circuit in the case of Primary/Secondary power.

Credit Schedule for Power

The table below sets forth the Client's sole and exclusive remedy for failures to meet Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure).

Table 1: Credit Schedule for Power
Power Failure Time Cumulative Unavailability¹ (Hours:Minutes:Seconds)	Service Level Credit Schedule for Failure of Primary Circuit in a Single Power Configuration²	Service Level Credit Schedule for Concurrent Failure of Both Primary and Secondary Circuits in a Dual Power Configuration³
00:00:01 – 00:10:00	1%	25%
00:10:01 – 01:30:00	5%	35%
01:30:01– 08:00:00	10%	50%
08:00:01 – 16:00:00	20%	75%
16:00:01 – 24:00:00	30%	100%
24:00:01 – 32:00:00	40%	100%
32:00:01 – 48:00:00	50%	100%
48:00:01 or greater	100%	100%

4. Temperature and Humidity

Temperature

Operator's service level objective is to maintain an ambient temperature of 72 degrees Fahrenheit plus or minus 5 degrees (72° F ± 5° F), measured at the nearest supply grill, at all times. Client is obligated to monitor temperature for variations that would result in credit and request temperature to be measured by on-site staff.

Humidity

Operator's service level objective is to maintain an ambient humidity of 45 percent plus or minus 15 percent (45% ± 15%) at all times. Client is obligated to monitor humidity for variations that would result in credit and request measurement by on-site staff.

Credit Schedule for Temperature and Humidity FSLA

The table below sets forth the Client's sole and exclusive remedy for failures to meet the Facility Service Level Objectives for the related datacenter colocation services referenced therein (Service Level Failure).

Table 2: Credit Schedule for Temperature and Humidity Service Level Failure
Service Level Objective	Service Level Failure	Service Level Credit
Temperature	A Service Level Failure occurs when the ambient air temperature average falls outside of the range defined in 4.A. above and continues to be outside of that range for four (4) consecutive hours after the initial temperature reading outside of that range	The Service Level Credit shall equal 5% of the total monthly recurring charges for Datacenter colocation services of the affected Client Area--each temperature failure consisting of a consecutive four (4) hour Service Level Failure.
Temperature: Critical Failure	A service critical level failure occurs if the ambient air temperature average, as measured at the nearest supply grill is eighty-seven degrees Fahrenheit (87° F)or higher.	The Service Level Credit shall equal 10% of the total monthly recurring charges for datacenter colocation services of the affected Client area each four (4) hour period of critical temperature failure. Client receives an initial Service Level Credit immediately upon the first occurrence of the critical temperature failure and receives further Service Level Credits for each subsequent consecutive four (4) hour period during which critical temperature failure continues.
Humidity	A Service Level Failure occurs when the ambient air relative humidity average as measured across all measurement points is outside the range of forty-five percent (45%), (plus or minus) fifteen percent (15%) relative humidity six (6) hours after the primary humidity reading fell outside of forty-five percent (45%), plus or minus fifteen percent (15%) relative humidity range.	The Service Level Credit will equal the total monthly recurring charges for datacenter colocation services of the Client area multiplied by five percent (5%) for each humidity failure. For purposes of clarification Client receives a Service Level Credit after each consecutive six (6) hour period during which a humidity failure continues.
Humidity: Critical Failure	A Service Level Failure occurs when the ambient air relative humidity average as measured across all measurement points is over sixty-one percent (61%) 6 hours after the primary humidity reading was over sixty-one percent (61%) and critical humidity failure causes water to condense in the Client area.	The Service Level Credit will equal the total monthly recurring charges for datacenter colocation services of the Client area multiplied by ten percent (10%) for each critical humidity failure. For purposes of clarification Client receives a Service Level Credit after each six (6) hour period during which a critical humidity failure continues.

5. Service Level Credits

A Service Level Failure period begins upon receipt of an email by Operator from Client of a detailed report of an incident and ends when the affected service is operational. Client will provide the report via email and trouble ticket. An applicable Service Level Credit Allowance will appear on Client's invoice following processing. Service Level Credits will not have any cash value at the end of the Client's term or otherwise. Service Level Credits will be calculated as a credit to the Monthly Recurring Charges for datacenter colocation services related to the specific datacenter and suite that experienced the Service Level Failure.

No Service Level Credits will be given for a service interruption:

that is caused by the action or failure to act by the Client,
that is due to failure of equipment provided by Client,
that occurs during any period in which Operator is not given access to the services premises; or
that which is part of a planned service interruption for maintenance in accordance with Operator's MSA, or results from implementation of Client order.

The maximum total credit for all failures of Operator to meet its Facility Service Level Agreement is limited to the total monthly recurring charge for datacenter colocation services by Client for the month in which the failure occurs.

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Footnotes:

¹Time accumulation begins as per section 5.

²Service Level Credit is provided as a percentage of Total Monthly Recurring Charge for Datacenter Colocation Services.

³Service Level Credit is provided as a percentage of Total Monthly Recurring Charge for Datacenter Colocation Services.

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