SERVICE LEVEL AGREEMENT
This document is a translation of "Service Level Agreement" in English. In case of conflict between the Russian version of "Service Level Agreement" and this translation - only the Russian version of "Service Level Agreement" is legally binding. The Russian version of "Service Level Agreement" can be found here: https://yandex.ru/legal/cloud_sla/.
1. General Provisions
1.1.This Agreement consists of general terms for Yandex to provide the Service Availability and Service Level warranties for certain Services.
1.2.The Service Availability Warranty applies to paid Yandex Services only, if the Customer complies with the Acceptable Use Policy for the Services, Quotas, Limits and other technical restrictions established by Yandex.
2. Service Availability
2.1.Service level for a Service is determined individually for each Service as a percentage of the Maximum Uptime.
2.2.The percentage of Service Uptime for a Reporting Period is calculated using the following formula:
Maximum Service Uptime - Service Downtime / Maximum Service Uptime * 100%, where
Maximum Service Uptime means the maximum possible number of minutes of operation of the Service during the Reporting Period taking into account Restrictions;
Service Downtime means a downtime interval in the Reporting Period (in minutes) Yandex recorded based on its own data and/or an interval from when the Customer sent a service unavailability message to Yandex via the feedback form in the Management Console or to the email address: firstname.lastname@example.org, which was subsequently confirmed by Yandex, to when the Service restored its operation after Yandex completed its recovery.
2.3. An Unavailability Report Yandex sends to the Customer shall specify the following details: (1) message theme: "[service name] _service unavailability_ customer name", (2) date and time when the Service became unavailable, (3) description of service failure with a screenshot attached (if any). The Customer undertakes to follow Yandex's instructions as Yandex responds to the failure and immediately inform Yandex when access to the Service is restored.
2.4. The Customer undertakes to cooperate with Yandex to detect the source of Unavailability, eliminate it and restore the operation of the Service.
3.1. If Yandex fails to provide the warranted Service Level, Yandex undertakes to award a Compensation to the Customer. Service Level and compensation amount is determined for each Service.
3.2. Compensation amount depends on the actual Service Availability Percentage and the total cost of the Service used in the Reporting Period when Unavailability was recorded.
3.3. Compensation amount is determined individually for each Service. Compensation amount may under no circumstances exceed the cost of the Service used in the Reporting Period when Unavailability was recorded.
3.4. Yandex's data are used to calculate the Service Availability Percentage in a Reporting Period. If Yandex has its own data on when Unavailability began proving that it began at an earlier time than the time the Customer sent its message, Yandex may use these data.
3.5. Compensation is the sole and exclusive indemnification to the Customer for failure to comply with the warranted Service Level.
3.6. Compensation provided is a discount that reduces the cost of the Services in the Reporting Period, in which Yandex calculated the Compensation, and may not be used otherwise. The provision of Compensation implies no payment of funds to the Customer.
3.7. Compensation is calculated automatically on the basis of Yandex's data. Compensation is provided within thirty (30) calendar days from the end of the Reporting Period, in which Unavailability occurred, and (or) from when the Customer sent a message to inform of the loss/damage of the Customer's Content in an accident caused by Yandex, which Yandex subsequently confirmed. If there are any disputes regarding the Service Availability Percentage in a Reporting Period, the compensation may be extended up to sixty (60) calendar days.
3.8. If the Customer's information or Content is lost and (or) damaged in an accident caused by Yandex, the Customer will be granted Compensation, based on the Customer’s message, amounting to 100% of the cost of the Services in the Reporting Period, during which the Content was lost and (or) damaged. To be compensated, the Customer shall sent a message to Yandex to inform of the loss/damage of the Customer's Content within thirty (30) calendar days from when the Customer's Content was lost/damaged, otherwise the Customer will be deprived of the right to seek Compensation.
4.1. The Agreement does not apply to Unavailability caused by the following circumstances:
4.1.1. actions of the Customer and (or) third parties, including, but not limited to, the use of third-party equipment and (or) software resulting in the Unavailability of the Service;
4.1.2. preventive maintenance and Emergency Works;
4.1.3. a request of authorized public bodies in accordance with applicable laws;
4.1.4. the Customer performing prohibited actions stipulated by the Acceptable Use Policy for the Services;
4.1.5. force majeure;
4.1.6. the Customer violating technical constraints on the use of the Services and/or using the Services in excess of the established Quotas and Limits;
4.2. Yandex may interrupt the operation of a Service to perform necessary preventive maintenance or Emergency Works. Unavailability caused by preventive maintenance or Emergency Works shall not be compensated as stipulated in this Agreement, if the total Service Downtime does not exceed eight (8) hours in a Reporting Period. If Emergency Works are required, Yandex may interrupt the operation of the Service with no prior notice sent to the Customer.
4.3. Yandex may interrupt the operation of a Service to perform necessary preventive maintenance, inter alia, on weekdays. Such situations will not be deemed interruptions in access to the Service, if Yandex notifies the Customer three (3) calendar days prior to the commencement of preventive maintenance that interrupts the operation of the Service by posting respective information on the Website (including the duration of preventive maintenance).
4.4. Yandex is not held liable for the loss of, and (or) damage to, the Customer's information and Content placed on the resources of the Platform, which occurred through the Customer's fault.
4.5. Yandex may refuse to compensate the Customer, if the Customer is in arrears with payments for the Services and other benefits, until the arrears are settled.
Emergency Works mean works Yandex performs without notifying the Customer to prevent accidents and other situations that compromise the safety and performance of a Service, including, but not limited to, the following circumstances: the Customer using the Service in violation of the Acceptable Use Policy for the Service, unauthorized third-party access to the Service, force majeure (fire, flood, earthquake, military actions, counter-terrorism operations, actions and regulations of public bodies, etc.).
Service Availability (and/or Service Level) means warranted service uptime in a Reporting Period in accordance with parameters Yandex declared.
Compensation means a Grant Yandex provides to the Customer to compensate for violations of the Service Level warranty for a Service or if the Customer's Content is lost and (or) damaged in an accident caused by Yandex.
Unavailability means an interval, during which a Service does not comply with performance parameters Yandex declared. Unavailability is determined individually for each Service.
Yandex Compute Cloud
Service level: https://yandex.ru/legal/cloud_sla_compute/
Yandex Object Storage
Service level: https://yandex.ru/legal/cloud_sla_storage/
Yandex Managed Databases
Service level: https://yandex.ru/legal/cloud_sla_mdb/
Web address: https://yandex.ru/legal/cloud_sla
Date of placement: December 26, 2018
Effective date: January 01, 2019