Google Cloud VMware Engine Service Level Agreement (SLA)

During the Term of the agreement under which Google has agreed to provide Google Cloud Platform to Customer (as applicable, the "Agreement"), the Covered Service will provide a Monthly Uptime Percentage to Customer as follows (the "Service Level Objective" or "SLO"):

If Google does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. Monthly Uptime Percentage and Financial Credit are determined on a calendar month basis per Private Cloud. This SLA states Customer's sole and exclusive remedy for any failure by Google to meet the SLO. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement. If the Agreement authorizes the resale or supply of Google Cloud Platform under a Google Cloud partner or reseller program, then all references to Customer in this SLA mean Partner or Reseller (as applicable), and any Financial Credit(s) will only apply for impacted Partner or Reseller order(s) under the Agreement.

Definitions

The following definitions apply to the SLA:

• "Covered Service" means Clusters or Management Interfaces (with at least 3 HCI nodes in the management cluster) of Google Cloud VMware Engine.
• "Cluster" means a deployment of 3 or more dedicated bare metal nodes running VMware ESXi and associated networking managed via Management Interfaces. A cluster can have both HCI nodes and Storage Only Nodes. A cluster with 3 or 4 total nodes must have a minimum of 2 HCI nodes and a cluster with greater than 5 total nodes must have a minimum of 3 HCI Nodes.
• "Downtime" means:
• For Management Interfaces: Customer is unable to log into VMware Virtual Center or VMware NSX Manager due to the failure of Google's systems.
• For a Cluster: loss of intra-cluster connectivity or disk access for all running virtual machines in the Cluster due to the failure of Google's systems.
• Downtime does not include loss of external connectivity as a result of (i) the Google managed VPN service failing (addressed exclusively in the Cloud VPN SLA); (ii) the Google managed Dedicated Interconnect or Partner Interconnect failing (addressed exclusively in the Interconnect SLA); or (iii) Network Service Tiers - Standard Tier failing to serve traffic.
• Downtime is measured from the time that the connectivity, disk access, or login access is lost until the time that the connectivity, disk access, or login access is restored as reasonably determined by Google.
• Downtime does not include scheduled maintenance or emergency maintenance to address security vulnerabilities.
• To qualify for Downtime, the datastore used by a Cluster must have a minimum of 20% of available space (as described in the vSAN storage guide).
• To qualify for Downtime, Customer must not exceed the limitations of the infrastructure (such as compute or memory utilization, network bandwidth, IOPS, etc.) in a manner that prevents Google from meeting the Service Level Objective.
• Downtime may not arise from an action that can only be performed with Elevated Privileges or using solution users.
• Downtime does not include the time spent by Customer Care awaiting customer approval and privilege escalation in the event “Enhanced Service Controls” are used.
• Downtime does not include unavailability of any Private Cloud Cluster or Management Interface while external storage is mounted as a datastore to any host in any Cluster within that Private Cloud.
• "Downtime Period" means a period of four or more consecutive minutes of Downtime. Partial minutes or Downtime for a period of less than four minutes will not be counted towards any Downtime Periods.
• "Elevated Privilege" means temporarily running with additional privileges that are required to perform particular tasks such as configuration of identity sources, user management, deletion of a distributed port group, installing third-party software, and creating service accounts.
• "Financial Credit" means the following for a Cluster in a single Zone with 5 to 32 nodes and FTT=2 or more: