In most cases PNAP is able to deploy Client’s new server within 4 hours, provided Client’s order does not contain any special instructions, require MSSQL installation, or need an on-board RAID configuration. For all orders, regardless of configuration, PNAP guarantees a server deployment of 24 hours, beginning once Client’s order has been paid for and verified.
4 Hour Hardware Replacement Guarantee.
We hate it when things aren't working. If hardware belonging to us and located within PNAP’s datacenter fails, PNAP will replace it within 4 hours of notification of failure. To report a failure, send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com.
If PNAP doesn’t replace the hardware within 4 hours PNAP will credit Client for one day of Client’s monthly recurring hosting charges. We'll give Client that same 1 day credit for every four hour block of time beyond the initial 4 hour guarantee until the replacement is complete, up to a total of 100% of Client’s monthly recurring payment if necessary. Client does have to send us an official request for the credit within 7 days of the hardware replacement. Send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com to claim the credit.
The 4 hour hardware replacement guarantee only applies to the replacement of the failed hardware. It takes some time, though, to re-load the operating system and applications and apply any applicable data restorations and backups if necessary, and the time to do that does not count toward the hardware outage. Once the hardware is installed, the hardware failure incident timer is stopped and Client is not entitled to any further SLA credits.
Bare Metal Cloud (BMC)
Bare Metal Cloud is a product in PNAP’s Infrastructure-as-a-Service (IaaS). It is intended to provide a solution for modern Infrastructure-as-a-Service business consumers relying on very high levels of automation and often using a DevOps approach to their software development and IT operations procedures. BMC will not replace our existing “legacy” bare metal services, but it will complement them with a product which supports automation focused deployments with implemented modern API management platform. Bare Metal Cloud platform provides hardware at the end of an API, supporting highly automated workloads, built with cutting edge server technology and on top of a modern high-capacity network. All these components are meant to fulfill the need to deploy infrastructure in a fully automated and pay-as-you-go model. All BMC Edge locations are subject to best effort service restrictions doe to the nature of such location and their accessibility. BMC Edge Instance types are clearly marked with a distinctive use of the letter "E" or "e" in the instance naming policy and clearly visible the BMC Portal as well as API documentations.
In most cases PNAP is able to deploy Client's new server instances within minutes. For all orders, regardless of configuration, PNAP guarantees a server deployment of 24 hours, beginning once Client’s order and valid payment method have been verified.
We hate it when things aren't working. If hardware belonging to us and located within PNAP’s datacenter fails, PNAP will replace it ASAP. To report a failure, send an email to serversupport@phoenixnap.com or submit a ticket through the portal at https://portal.phoenixnap.com. Edge locations might be subject to restrictions and additional time needed.
BMC Instances (servers) are invoiced monthly in a post-use model.
Megaport Cloud Router (MCR)
The Megaport Cloud Router (MCR) is a third-party managed virtual routing service for deploying Layer 3 private connectivity between different networks and service providers. It may be used to connect two or more independent Virtual Cross Connect (VXC) services in a single routing domain, thus providing Internet Protocol (IP) connectivity between all the VXCs attached to that MCR.
The MCR service has a service availability target of 100%
Service Availability is calculated per Charging Period as Uptime divided by (the number of minutes in the Charging Period less Excused Downtime), expressed as a percentage.
Charging Period means the charging period applicable to the Client’s Service, as specified on the Service Order (and if not specified, a monthly Charging Period applies).
Uptime means the number of minutes in the Charging Period where the MCR is running and able to route packets between connected VXCs.
Excused Downtime is defined as the number of minutes in the Charging Period, rounded to the nearest minute that the link state of Client’s MCR is unavailable due to:
Additional notes and conditions
Client should report downtime incidents to us via email to support@phoenixnap.com or submission through PNAP’s portal at https://portal.phoenixnap.com within three (3) days of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and verifies an outage, and ends when PNAP has, at its sole discretion, resolved the issue.
If Client are currently behind in payments for Client’s accounts, or have been behind 3 or more times in the preceding 12 months, Clients don't qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions and are therefore not entitled to SLA credits.
20 Minute Support Response Guarantee. PNAP guarantees that one of PNAP’s talented professionals will respond to Client’s support tickets or inquiry within 20 minutes of submission. This applies to support tickets emailed to support@phoenixnap.com.
Contingent upon Phoenix NAP’s acceptance of an Order and subject to the terms of the MSA, Phoenix NAP agrees to use reasonable commercial efforts to provide the Services subject to the terms of the Service Level Agreements. Phoenix NAP retains the right to reject the request for Services by any individual or entity in its sole discretion. Client agrees to pay all charges in advance for the service selected by the Client in the Client Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges, and optional charges incurred by the Client. Payment may be made by check, PayPal, Wire, or credit card. If Client elects to utilize our Auto Charge feature, Client agrees to allow Phoenix NAP to charge the Client’s credit card in advance each month. Client hereby authorizes us to automatically charge any amounts the Client owes to Phoenix NAP to any credit card provided by the Client. Client also agree that at any time after the 1st of the month, Phoenix NAP may prorate the next invoice to reflect a full month’s charges plus a sufficient number of days to have all subsequent billing periods start on the first of the month. The Third Party Services are provided by the relevant Third Parties and Phoenix NAP is not responsible for the provision of Third Party Services.
Client must be at least 18 years of age or otherwise have the legal capacity to order Services. If Client is ordering Services on behalf of an employer, company, or other legal entity, Client represents and warrants that it has the legal right and authority to order Services and be bound to this MSA.
Ordering and Modification of Services
Client may order Services and all upgrades to such Services through the Client Portal or as otherwise designated by Phoenix NAP. Phoenix NAP may accept such Orders in its discretion and shall give notice to Client of acceptance of such Order through the Client Portal. For downgrades or cancellation of Services, Phoenix NAP requires a written cancellation notice by cancellation ticket through support@phoenixnap.com in accordance with the procedures in the Client Portal and through the Client Portal a minimum of 24 hours prior to 00:00:01 CST (GMT-7) on the Anniversary Billing Date for downgrades or discontinuance of Services. The failure to provide the required 24 hours written notice will result in the downgrade or discontinuance of Services being effective on the following Anniversary Billing Date and Client will be charged for the Services during the relevant Renewal Term. Any Services cancelled prior to such 24 hour period will remain accessible to Client until the automated process reclaims the server on the Anniversary Billing Date.
Subject to the terms and conditions of this MSA (including the Term), Phoenix NAP grants Client a non-exclusive, nontransferable, non-sublicense able (except to the extent required to exercise rights under Section 3(b) (ii.), revocable right in the Services solely to: (i) use and access the Services for internal purposes; and (ii) use the Services to create, offer and provide the Client Offerings.
Client agrees to do each of the following:
To the extent Client orders Third Party Services under TPS Agreements, Phoenix NAP is not responsible for such Third Party Services and the provider of the Third Party Service is solely responsible for providing such Third Party Services.
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