Service Level Agreement

In this SLA the following terms have the meanings set out below. Other capitalized terms have the meaning given in the Agreement.

Availability means, for an Order and a calendar month, the ratio (Server-Minutes − Unavailable Server-Minutes) ÷ Server-Minutes, expressed as a percentage.

Availability Commitment means Availability of at least ninety-nine point five percent (99.5%) in a calendar month, as committed by DCXPS under section 2.1.

Excluded Downtime means server-minutes during which a server cannot run the Customer's workloads because of

(a) Planned Maintenance;

(b) emergency maintenance that the Customer approved in advance through the Platform (section 5.2);

(c) an act or omission of the Customer or its Users, Customer Data, or the Customer's configuration or workloads;

(d) an operating system or orchestration layer that the Customer operates in place of the Pre-installed AI Stack;

(e) the Customer's network connection to the Services beyond the network boundary of the DCXPS Facility;

(f) a suspension under clause 9.7 of the Agreement that is attributable to the Customer;

(g) a deferral of maintenance at the Customer's request, to the extent provided in section 5.3; or

(h) force majeure under clause 22 of the Agreement, including failure of the public electricity grid beyond the redundancy of the DCXPS Facility.

Fault Confirmation means the time recorded in the Platform at which DCXPS engineers confirm that an incident is a Hardware Fault.

Fee per Server-Minute means the Monthly Fees divided by the number of servers under the Order and by the number of minutes in the calendar month concerned.

Hardware Fault means a failure of a physical component of the servers or Units (server, GPU, NVMe drive, memory module, network card, switch, power or cooling component) confirmed by DCXPS engineers.

Monthly Fees means the Term Fee for the affected Order divided by the number of months in its Service Period, excluding AI engineering support and other professional services.

Planned Maintenance means maintenance announced in the Platform at least one (1) month in advance, performed at the announced time or at another time agreed with the Customer through the Platform or set under section 5.3 and not exceeding eight (8) hours per calendar month in aggregate.

Resolution means the restoration of the affected Services to normal operation, or the provision of a workaround that restores the Customer's ability to run its workloads at the ordered capacity, as recorded in the Platform ticket.

Server-Minutes means, for an Order and a calendar month, the number of minutes in that month during which the Order is in a Service Period, multiplied by the number of servers under the Order, less Excluded Downtime.

Software Issue means a fault in the software that DCXPS operates for the Services (the operating system images, drivers and GPU libraries supplied by DCXPS; the firmware of the servers, network cards and switches maintained by DCXPS; Chapek AI Studio; Platform services; network configuration; storage services; and, where the Order states that DCXPS operates them for the Customer as a managed service, the SLURM, Kubernetes and Ray environments and model-serving services) that is not a Hardware Fault. A fault in the SLURM, Kubernetes, Ray or model-serving software that DCXPS does not operate as a managed service under the Order, or in the Customer’s own software, is not a Software Issue.

Unavailable means, for a server under an Order, that for at least five (5) consecutive minutes

(a) the server cannot run the Customer's workloads because of a Hardware Fault, a Software Issue or maintenance performed by DCXPS; or

(b) the Platform API and console are unreachable from the Union and the Customer is for that reason unable to run or manage its workloads on the server.

Unavailable Server-Minutes means the minutes during which a server under the Order is Unavailable, counted for each server from the earlier of detection by DCXPS (including detection by the Layer 1 agents) and the creation of the Customer's ticket, and ending at Resolution, excluding Excluded Downtime.

2.1 Commitment. DCXPS shall achieve, for each Order and in each calendar month, Availability of at least ninety-nine point five percent (99.5%).

2.2 Measurement. DCXPS measures Availability per Order and per server through its monitoring systems and reports it in the Platform under section 8. Where DCXPS's monitoring data are missing for a period, the Customer's own monitoring records for that period, made available to DCXPS through the Platform, are used for the measurement.

3.1 Four-layer model. DCXPS provides support through the four layers in the table below. The layers operate in parallel; a failure at one layer does not delay the next. Layer 2 is staffed twenty-four hours a day on every day of the year, including nights, weekends and public holidays.

3.2 Channels and acknowledgement. Support is provided through the Platform ticketing system and by e-mail to the contacts stated in the Platform, from the Union, by personnel who satisfy Annex 08, Part B, section B.5. DCXPS acknowledges, automatically through the Platform, every ticket within fifteen (15) minutes of its creation, at any time of day. Layer 1 alerts create tickets automatically; the Customer sees them in the Platform.

3.3 Priority. The Customer may mark a ticket as production-affecting; Layer 2 handles such tickets immediately. Non-production questions, documentation requests and change requests are handled within one (1) Business Day; the one-hour Resolution commitment does not apply to them.

3.4 Fault Confirmation. For a production-affecting ticket, DCXPS confirms or excludes a Hardware Fault within one (1) hour of the ticket or alert. Where DCXPS records the Fault Confirmation later, the Layer 3 arrival period runs from the end of that hour.

3.5 Hardware restoration. After arrival on site, DCXPS restores the affected server using spares held at the DCXPS Facility or parts supplied under Layer 4 or, where an equivalent replacement server is available, allocates it to the Customer and re-provisions the Customer's workload on it. The Unavailable Server-Minutes of the affected server accrue until Resolution and are credited under section 4.1.

4.1 Downtime credit. For each Unavailable Server-Minute in a calendar month, the Platform credits the Customer the Fee per Server-Minute. The Platform applies the downtime credit automatically to the Customer's Prepaid Balance or against the next Term Fee, without a claim by the Customer, and reports it in the monthly service report.

4.2 Availability shortfall credit. Where Availability for an Order in a calendar month is below the Availability Commitment, the Platform additionally credits the following percentage of the Monthly Fees for that Order:

4.3 Commitment credits. Where DCXPS misses the Layer 2 Resolution commitment for a production-affecting Software Issue, or the Layer 3 arrival commitment, the Platform additionally credits five percent (5%) of the Monthly Fees attributable to each affected server (the Monthly Fees divided by the number of servers under the Order) for each full hour by which the commitment is missed.

4.4 Cap. The Service Credits for an Order in a calendar month shall not exceed one hundred percent (100%) of the Monthly Fees for that Order.

4.5 Verification. The Platform computes the credits under sections 4.1 to 4.3 from DCXPS's monitoring and ticket data. The Customer may dispute a computation through the Platform within thirty (30) days after the end of the calendar month concerned. DCXPS verifies the computation against its monitoring data and the Customer's records within ten (10) Business Days and corrects any error by a further credit.

4.6 Application. Service Credits are applied to the Prepaid Balance or against the next Term Fee of the Order. A Service Credit that has not been applied when the Order ends is credited to the Prepaid Balance. Prepaid Balance not consumed when the Agreement ends, including Service Credits credited to it, is refunded under clause 8.8 of the Agreement. No other payout of Service Credits is made.

4.7 Sole remedy and liability cap. Service Credits are the Customer's sole and exclusive financial remedy for a failure to meet a service level under this SLA, without prejudice to section 6 and to clauses 9.4 and 18.3 of the Agreement. Under clause 18.4 of the Agreement, Service Credits count towards the liability cap in clause 18.1 of the Agreement. The refund under section 6 is a refund of the Term Fee for Services not provided; it is not a Service Credit and the cap in section 4.4 does not apply to it.

5.1 Notice. DCXPS announces Planned Maintenance in the Platform at least one (1) month before it starts, stating the date, the start time and the expected duration, and performs it at the announced time or at another time agreed with the Customer through the Platform. The deployment of a security patch that does not interrupt the Services is not Planned Maintenance and requires no notice.

5.2 Emergency maintenance. DCXPS may perform emergency maintenance without the notice required for Planned Maintenance where necessary to address a critical security vulnerability or an imminent failure. DCXPS gives notice through the Platform as early as the circumstances permit. Downtime caused by emergency maintenance counts as Unavailable Server-Minutes unless the Customer approved the maintenance in advance through the Platform.

5.3 Deferral at the Customer's request. The Customer may request through the Platform that DCXPS defer Planned Maintenance affecting its servers. Where the deferred maintenance was announced as required by a vendor security advisory rated critical or to maintain vendor support, and the deferral exceeds sixty (60) days from the announced date, downtime attributable to the deferred item is Excluded Downtime and the commitments in sections 2 and 3 are suspended for that item until the maintenance has been performed.

6.1 Termination right. If Availability for an Order is below ninety-five percent (95%) in two (2) consecutive calendar months, or below the Availability Commitment in any three (3) calendar months within a period of six (6) consecutive calendar months, the Customer may terminate the affected Order by notice through the Platform with effect thirty (30) days after the notice. DCXPS refunds the Term Fee pro rata for the part of the Service Period after the effective date of termination (clause 8.8 of the Agreement). Clause 10 of the Agreement applies to switching, retrieval and erasure.

7.1 Not offered at launch. DCXPS does not offer the managed backup service under this version of the SLA. DCXPS may introduce the service by a Change under section 8.2; section 7.2 applies only once the service has been introduced.

7.2 Deletion. DCXPS deletes the backup copies held under the managed backup service within ninety (90) days after the end of the Retrieval Period or, where the Customer elects erasure without switching, after termination of the affected Order (clause 10.4 of the Agreement), and certifies the deletion on request.

8.1 Monthly service report. DCXPS publishes in the Platform, within ten (10) Business Days after the end of each calendar month, a service report for each Order stating: Availability; the incidents of the month by layer, with the times of detection, acknowledgement, Fault Confirmation, arrival on site and Resolution; the maintenance performed; the Service Credits applied; and capacity and utilization metrics. The report is the record of the Service Credits for the month, subject to section 4.5.

8.2 Changes. This SLA may be changed by DCXPS under clause 26.4 of the Agreement. A Change that reduces an Availability Commitment, a support commitment or a Service Credit applies to a running Order only from the start of its next Service Period, unless the Change is required by law.