|Order :||The order is to be placed on NxtGen Datacenter & Cloud Technologies Pvt. Ltd.|
|Payment Terms :||All Recurring Service Charges are to be paid monthly in advance (within 10 days of submission of bills). First month advance should be released along with purchase order. One time charges are also payable along with the purchase order.|
|Annual Increment :||Rates will be subject to an annual increment as mutually agreed|
|Billing :||Billing will start within 24 hours of service provisioning.|
|Validity :||This offer is valid for 30 days from the date of this offer.|
Version Updated on : 17-04-2020
Service Level Agreement ("SLA") is a policy governing the use of NxtGen's IT Infrastructure Services and IT Continuity Services (listed below). This SLA applies separately to each account using NxtGen's IT Infrastructure Services and IT Continuity Services.Service Commitment
NxtGen will use commercially reasonable efforts to make the listed Services each available with a Quarterly Uptime Percentage (defined below) of at least 99.5%, in each case during any quarterly cycle (the “Service Commitment”). In the event any of the Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a extension of additional service days for any of the Included Products and Services (whichever was Unavailable, or all if all were Unavailable) affected for the quarterly cycle in which the service unavailability occurred in accordance with the schedule below
Quarterly Uptime % = Maximum Available Minutes - Downtime / Maximum Available Minute /
|Services Availability||Service Credit|
|99.50%-99.00%||Service extension for 1 day|
|99.0%-98.0%||Service extension for 2 days|
|< 98%||Service extension for 7 days|
We will apply any Service Credits only at the end of the tenure for the Included Products and Services as subcribed in the PO. Service Credits will not entitle you to any monetary compensation from NxtGen Datacenter & Cloud Technologies Pvt Ltd. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Included Products and Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.Service Credit Corroboration Procedures
To apply a Service Credit, we may request you to provide the logs / screenshots in time that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Included Products and Services, or any other performance issues affecting the Included Products and Services: (i) that result from a suspension due to non-payment beyond due date after having provided notice for suspension; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Included Products and Services (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center); (iii) that result from any actions or inactions of you or any third party, including failure to prescribe for recommended services, issues resulting from subscription of inadequate resources /bandwidth or for licenses reserved, but not paid for, at the time of the Incident; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) arising from our suspension and termination of your right to use the Included Products and Services in accordance with the Agreement;(vi) That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;(vii) That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;(viii) That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);(ix)That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior
If availability is impacted by factors other than the above mentioned, then we may issue a Service Credit considering such factors at our sole discretionProducts with SLA Adherence in conjunction with OEM Support
All physical devices & Software licenses procured on Capex will be subject to SLA as per the support subscribed with the OEMs. NxtGen will be responsible to interface between Customer & OEM to ensure adherence & service levels.Products & Services (On-Premises)
All physical devices, Hypervisor / any software licenses provided by NxtGen On-premise will be subject to the SLA adherence as mentioned above. The Datacenter Infrastructure, Network & uplink Network devices will be responsibility of the customer.Severity Grading & Escalation Procedure Definition: Definition:
Issues reported are categorized as follows:
|Enterprise Cloud Services|
|Category||Issue||Observations||Response time - Minutes||Description of Issues|
|Server||Incident||Availability / Unreachable / Down||Immediate||Server Down|
|Network||Incident||Availability / Unreachable / Down||Immediate||Network down|
|Server||Support Request||Performance||30||Frequent disconnects.|
|Network||Support Request||Troubleshooting||30||Troubleshooting for Firewall / SSL /Ipsec /LB related / Latency|
|OS Management||Support Request||Troubleshooting||30||Server is up, but OS / firewall/ Connectivity related Issue / Restoration of VM|
|Backup as a Service||Support Request||Troubleshooting||30||Troubleshooting of Backup/ Restore Job failures|
|DR as a Service||Support Request||Troubleshooting||30||Replication issues|
|Database Management||Support Request||Troubleshooting||30||Performance or any DB related errors|
|Anti-Virus Management||Support Request||Troubleshooting||30||Antivirus not working / Service issues / Creating performance issues|
|Network||Service request||Configuration||Next Business Day||Configuration of Firewall /ACL / IP Address / SSL /Ipsec /LB / Bandwidth|
|OS Management||Service request||Configuration||Next Business Day||User, Group Management / Periodic performance tuning / Capacity performance|
|OS Management||Service request||Monitoring / Reporting||Next Business Day||Setup monitoring / providing reports / Alerting|
|Backup as a Service||Service request||Configuration||Next Business Day||Agent configuration/ backup Server setup / Job confgiuration|
|Backup as a Service||Service request||Backup / Restore||Next Business Day||Backup / Restore job request|
|DR as a Service||Service request||Configuration||Next Business Day||Setup replication / Add, remove servers/ Configuration related|
|Database Management||Service request||Configuration||Next Business Day||Installation / Configuration / User management / Auditing / Monitoring|
|Anti-Virus Management||Service request||Configuration||Next Business Day||Configuration / Updates|
#Subject to availing the subscription of the above service category as applicable
Escalation Matrix – please log on to NxtGen Cloud Portal for the latest escalation matrixRaise a Request Process:
To raise a request for any service change or information request, log on to NxtGen Cloud Portal or Email – email@example.com
To speak to our Service Desk contact@ 080-68706111 / +91 9686303314
Upon raising the request ticket, service desk responds with acknowledgement and assigns task to relevant Shift Engineer. The engineer will respond on the time that will be required to accomplish the task assigned. For any business impact or urgency for fulfilment of the request you may use the escalation matrix as provided in the cloud portal.
Except where otherwise stated any amount payable under the applicable Purchase Order (PO) and/or the Agreement is exclusive of GST. For any supply made under the applicable Purchase Order (PO) and/or the Agreement which is subject to GST, Customer agrees to pay the amount for the supply plus the GST payable (“GST Amount”).
The GST Amount will only be paid after NxtGen has provided the Customer a valid tax invoice (which mentions among other requirements of GST Laws, the GST Number and ‘Place of Supply’). NxtGen will ensure that the invoice details have been reported to the tax authority, by the Vendor/ Contractor as required by law in the due course of time.
For any adjustment on account of deficiency of service / goods or price revision, appropriate debit notes/ credit notes (disclosing the details as prescribed under the applicable GST law) will be issued for the such adjustment. NxtGen agrees to indemnify the Customer against any loss or damages that the Customer may suffer due to a non-compliance or breach of applicable GST and related laws by NxtGen.
Further, in case of any non-compliance of applicable law by the Customer and because of which a demand is made on the NxtGen by the tax authorities, the Customer shall be immediately liable to pay the applicable taxes / amounts (including interest, penalty and associated litigation cost) if any upon notification by NxtGen.
Either party acknowledges and agrees that the other party shall be (without prejudice to its rights under law) free to terminate the applicable/ existing Purchase Order (PO) and/or the Agreement at will, without any liability, if the party breaches the GST and related laws after the Appointed Date (mandated by GST Council) or fails to maintain a good compliance rating under the GST Laws or fails to comply with provisions stated herein above.
NXTGEN shall not in any event be either directly or indirectly liable or responsible for:
NXTGEN and CUSTOMER shall keep in confidence any information obtained under the Agreement and/or the applicable Purchase Order (PO) and which is specified as confidential by the disclosing party and shall not divulge the same to any person (other than their employees/ advisors and agents on a strictly need to know basis.) without the consent of the other party.
However confidential information shall not mean and include the following:
NXTGEN reserves the right to suspend or restrict CUSTOMER or any Authorized User’s access to the Services if (i) a CUSTOMER or any Authorized User breaches this Terms & Conditions, including by violating its obligations under this Terms & Conditions, (ii) CUSTOMER or any Authorized User fails to cooperate with any reasonable investigation by NXTGEN of a suspected breach of this Terms and Conditions, (iii) NXTGEN reasonably determines that suspension is necessary to prevent or mitigate damage to NXTGEN’s systems or networks caused by a denial of service attack or other event, (iv) CUSTOMER fails to pay any Fees when due; (v) there is an unusual spike or increase in CUSTOMER’s use of the Services that impacts NXTGEN’s ability to deliver the Services; or (vi) as the result of any EXCUSTING EVENT (collectively, “Service Suspensions”). Services may be unavailable during a Service Suspension, and all Fees payable under the applicable Order will continue to accrue, provided the reason for suspnsion is attributable to CUSTOMER. NXTGEN will provide notice of any Service Suspension to CUSTOMER and to provide updates regarding resumption of Services following any Service Suspension. NXTGEN will have no liability for any damages, liabilities, or losses resulting from any Service Suspension, if the suspension arises owing to the reasons attrubutable to CUSTOMER or an EXCUSING event.
EXCUSING EVENT means (i) an act or omission of a Customer, Authorized User or third party, including failure to supply accurate, complete, and timely information when requested; (ii) a Force Majeure Event (as described in this Terms and Conditions ); (iii) failure of a Data Center Facility to meet any requirements provided by NXTGEN, or Service Provider’s failure to provide power, telecommunications or other required services at a Data Center Facility; (iv) routine or emergency maintenance of the Services (as described in Section c of NXTGEN OBLIGATION under this Terms and Conditions ); (v) defects in Third Party Software or NXTGEN’s loss of license rights or restrictions imposed by third party licensors with respect to Third Party Software; (vi) unavailability of necessary technology or other resources on commercially reasonable terms; (vii) any operating system, database, application or other code or materials not provided by NXTGEN, including configuration issues in connection with the foregoing; (viii) any act or omission of a third party or that is not caused by NXTGEN (for example, hacking, denial of service attacks and the introduction of viruses), provided that NXTGEN uses reasonable efforts to maintain current versions of Software patches; (ix) compliance with any applicable law or requests of governmental entities; (x) any scheduled maintenance carried out in accordance with Section c of NXTGEN OBLIGATION under this Terms and Conditions; or (xi) any destruction, damage, loss or theft of or to any NXTGEN Equipment or other NXTGEN equipment or materials; in each case that adversely affects NXTGEN’s ability to provide the Services.
NXTGEN will provide Datacenter space for co-location/hosting services. The co-located Rack/Server will be connected to the Internet/VPN cloud of a telecom service provider. NxtGen server time is IST (Indian Standard Time), Colo / Hosted premises is owned by / on long lease by NxtGen and it is sufficient to cover the term under this agreement. In case of change in lease terms between NxtGen & its lessor, NxtGen shall take the sufficient preemptive measures to ensure the interest of the customer are protected. NXTGEN shall offer uptime measured on Quarterly basis on the following facilities:
NXTGEN will ensure power is available to the CUSTOMER’s servers and other equipments for the uptime as agreed above.
NXTGEN will ensure that the Precision Air-conditioning is available for the uptime as agreed above.
UPTIME FREQUENCY AND REPORTS:
The uptime will be calculated on a quarterly basis and the uptime availability reports, generated manually, for the above parameters will be made available to the CUSTOMER on a quarterly basis. The availability report for a particular quarter will be made available to the CUSTOMER by 10th day of the following quarter.
The following formula will be used for determining uptime:
% Uptime = ((Power Availability Uptime in measured in Minutes/ Quarter) / (Total Minutes/Quarter)) x 100 Where Power Availability Uptime= Number of Minutes of Power made available to the CUSTOMER’s servers/ equipments colocated at NXTGEN’s DC through utility power/ DG set/ UPS/ any other acceptable alternative
% Uptime = ((Precision AC Availability Uptime in measured in Minutes/Quarter) / (Total Minutes/Quarter)) x 100 Where Precision Air-conditioning Availability Uptime= Number of Minutes of Precision AC made available to the CUSTOMER’s servers/ equipments colocated at NXTGEN’s DC through utility power/ DG set/ UPS/ any other acceptable alternative.
NXTGEN will offer the following infrastructure facilities such as Power, Precision Air Conditioning (AC), Uninterrupted Power Supply (UPS) & Diesel Generator (DG) set support, Fire and Access Control.
|Tier Rating of Site||The tier rating of a Data Centre site is determined by the levels of the engineering support services. The rating levels are as per the Tier Ratings defined by TIA standards. NxtGen Data Centre complies to tier 3 data centre standards|
|Hardware planning||Hardware planning is the planning of the location of IT equipment on the raised floor area, its method of being serviced by the infrastructure and its loading on the infrastructure of the Data Centre.|
|Hardware installation||Hardware installation involves the works required to install and commission IT equipment in the raised floor area of the Data Centre.|
|Equipment layout||Equipment layout is the position of IT equipment on the raised floor of the Data Centre|
|Redundant capacity||Minimum N+1 redundancy|
|Security testing||Security testing is periodic or random testing required ensuring compliance with VMWARE security procedures and processes.|
|Cabling installation||Cabling installation is all cabling associated with the installation of IT equipment in the raised floor area of the Data Centre. It includes all cables and cable support systems below power distribution boards, patch panels, other devices and the IT equipment.|
|Managed racking service||Managed racking service is a VMWARE designed system of racks pre-wired with power and data cabling to facilitate installation of Client IT servers.|
|Change management||Change management is VMWARE’s process of notification and obtaining management approval to undertake planned changes to systems within the raised floor area of the Data Centre or to the infrastructure that supports the IT equipment within that raised floor area will be communicated.|
|Problem management||Problem management is VMWARE’s process of notification and obtaining management approval to undertake urgent corrective action to systems within the raised floor area of the Data Centre or to the infrastructure that supports the IT equipment within that raised floor area.|
|Data Centre||The Data Centre is the dedicated Equipment Space allocated to the Customer for the installation of Customer equipment to enable the Customer to provide data services to its customers.|
2.1 Basic Data Centre Services
The Supplier will provide a Space in a shared Rack/ Partial Rack / Full Rack / Multiple Racks / technical floor to the client as per the Order
2.2 Local Cabling
Inter Rack, Intra Rack cabling shall be customer’s responsibility. See Section 6.0 for customer’s responsibilities.
2.3 HVAC (Heating, Ventilation, Air Conditioning)
The Supplier shall meet the following environmental parameters;
The Supplier’s obligations are subject to the Customer complying with the required installation standards.
2.4 Water Leak Detection
To prevent damage due to water, a water leak detection system has to be installed by the Supplier in the server hall. The water leak detection system is linked to a building management system that is monitored 24 hours a day, 7 days per week.
2.5 Smoke Detection
A Very Early Smoke Detection System to be installed by the Supplier providing coverage above and below the raised floor and floor voids.
2.6 Fire Protection and Detection
The Supplier to provide analogue/addressable fire detection system and provision of fire suppression system in technical areas. Addressable fire alarm system is divided in two layers (Under false floor, and above) and integrated with FM200 or equivalent fire suppression system. In addition, VESDA will be provided to detect the fire particle efficiently.
2.7 Physical Access Control
The Supplier authorizes physical access to its Site and the Equipment Space in accordance with the Standard operating procedure. For the avoidance of doubt, those access procedures must comply with the following Customer requirements:
Both parties shall mutually agree on the access policy and shall abide by the same in the data center facility.
2.8 Video Surveillance
Within the Data Centre, access to the various areas are to be monitored and recorded by means of a video surveillance system supplied and operated by the Supplier as part of the Services. The recording is event triggered and digitally stored for a period of 30 days.
1. 0 Other Supplier Responsibilities
3.1 Supplier's Use of Subcontractors
Supplier may subcontract Services to be performed hereunder. Notwithstanding this subsection, Supplier's use of subcontractors will not relieve Supplier of the responsibility for the subcontractor's performance, and Supplier's obligations and responsibilities assumed under this SOW and Agreement will be made equally applicable to subcontractors. The Customer, acting reasonably, reserves the right to request Supplier to not engage or to remove a particular subcontractor.
3.2 Other Responsibilities/Clarification of Scope
In addition to the Supplier requirements and specifications detailed in this SOW, the Supplier’s obligations are further specified and clarified in the supplier’s proposal document. To the extent of any discrepancy between this SOW and the proposal document this SOW shall have precedence.
2. 0 Performance Measurements
The Supplier agrees to provide the following reports to the Customer on the cycles as indicated to assist in performance measurement activities:
|CCTV Logs||As and When requested|
|Escalation Lists||Quarterly/when revised|
|Security Access Log||Quarterly|
|Security Access Listing||Quarterly|
|Power Consumption Report||Monthly and historical trend|
Please note that all information provided would be limited to / pertaining to the customer Collocation Area and building infrastructure serving the customer collocation area only
Definition of Severity Levels:
Severity 1 – Data Centre has actually suffered a Critical System outage e.g. Electrical outage caused by UPS or Distribution system on both sources.
IT systems would be down and customers would have experienced an outage due to the infrastructure failure.
Severity 2 - Any of the engineering services support systems have lost redundancy, or Building Management system is down.
The Customer has not experienced an outage but critical facilities equipment is now not in a BAU operation and there is a possibility of customer impact whilst the site is in this mode, the risk and probability may be low but the impact is high. For e.g. loss of redundancy may result in loss of cooling if further failure occurs. Redundant systems are down and loss of any further capacity will/may cause impact to the IT systems.
Severity 3 – Site has taken a short External Power hit and UPS covered it, an individual piece of facilities equipment is down, but is not in a critical path and can be attended to in next 24 hours. No customer impact and no likelihood.
Service Level Measurements
The Supplier shall measure each Service Level on a monthly basis and shall report to the Customer within 5 working days of the beginning of each calendar month. The Customer has the right to audit the Supplier to ensure compliance with this agreement and compliance with Service Levels.
The Supplier undertakes to respond in accordance with the Service Level targets specified in the table below:
|Severity Levels||Initial Response||Service Restoration||Problem Resolution Plan Delivered|
|1. Severity 1||15 mins||4 hours||5 Business Days|
|2. Severity 2||30 mins||24 hours||10 Business Days|
|3. Severity 3||4 Business Hours||48 hours||40 Business Days|
3. 0 Service Level Guarantee
|Power Supply or CRAC Availability||Service Credit|
|99.982%-99.90%||Service extension for 2 days|
|99.89% - 99.80%||Service extension for 4 days|
|99.79 % - 99.00%||Service extension for 6 days|
|98.99% -98.00%||Service extension for 8 days|
|"<" 98%||Service extension for 15 days|
Exclusions. The following outages shall be deemed to be excused outages for the purpose of calculating the Power Supply Availability or CRAC Availability:
4. 0 Maintenance
4.1 Preventative Maintenance
The Supplier alone is responsible for the running and maintenance of utilities and technical or other equipment such that the specified Services are delivered to the required Service Levels. The Supplier will:
The Customer is entitled to organize audits, no more frequently than six-monthly, to check conformity to the public regulations or contractual deliverables at its expense. The Supplier commits to co-operate in handing over the information needed for such an audit, limited to the customer collocation area and the building infrastructure serving the customer collocation area only. The Customer will inform the Supplier with 30 days’ notice when audits are planned.
All operations inside the Data Centre are subject to the following conditions:
4.2. Remedial Maintenance
In some cases, the Supplier may need to carry out a non-routine remedial maintenance operation on technical or other equipment located inside the Equipment Space.
In such cases, the Supplier will:
With the Customer
All remedial maintenance operations inside the Equipment Space are subject to the following conditions:
5. 0 Cleaning and Services
The Supplier will be responsible for the cleaning of the office spaces and amenities once every business day. Additional Data Center floor cleaning services will be provided at the request and expense of the Customer. The Customer will have the responsibility at all other times for maintaining the Data Centre in a clean and tidy state.
The Supplier will be responsible for the removal of packaging, pallets, cartons, etc. from the building’s waste disposal area.
Cage Area Maintenance.
The Supplier must make every effort to ensure that the raised floor area at the Customer’s disposal will always and permanently be:
6. 0 Customer's Responsibilities
The installation of all cables, cabinets, racks and equipment within the Equipment Space for the provision of services by the Customer to its customers is the responsibility of the Customer.
The Customer is responsible for ensuring that the installation, maintenance and operation of all the Customer’s Equipment in the Data Centre complies with the relevant standards, the Customer Manual, electrical, heating and mechanical loading for the Equipment Space and statutory OH&S obligations.
The following section describes procedures to be followed by the Customer in the installation of its equipment in the Equipment Space:
The Customer is entitled to install LAN & SAN cabling within the dedicated Equipment Space. No cabling is to be laid between the cabinets except in accordance with applicable standards and good work practices. All cabling in the site required to provide the Services outside the Equipment Space is the responsibility of the Supplier. All patching is to be performed by the installers.
The Customer’s area of responsibility also includes: