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The Disaster Recovery Service provided by Service Provider comprises the following offsite, cloud-based disaster recovery service:
- The Disaster Recovery Service provides the capability during the Term to replicate supported versions of VMware vSphere and Microsoft Hyper-V environments from the Client’s Computer Systems to the Disaster Recovery Platform. Replication of all protected virtual machines is achieved at the hypervisor layer, allowing for near synchronous replication of virtual machines irrespective of the storage layer.
- The Disaster Recovery service provides for the retention of recovery points allowing for a protected virtual machine to be recovered back to a specific point in time within the retention period. By default the Disaster Recovery Platform stores 24 hours of rollback points, where required, for an additional charge, this journal history can be extended up to a maximum of 14 days.
- The Disaster Recovery Service operates via a security appliance providing secure connectivity between the Client’s Computer Systems and the Disaster Recovery Platform. This can be via either the internet or a dedicated Ethernet circuit. The security appliance located at the Client’s Computer System location connects to a server network infrastructure that is deployed within secure data centres located within the UK and managed by Service Provider.
- Client’s Computer Systems will be replicated based on a pre-defined priority settings (low, medium or high) where higher priority will mean the Disaster Recovery Platform will provide a higher proportion of resources to maintain replication. The Disaster Recovery Platform will attempt to keep the protected Client Computer Systems replicated as close to real-time (near-synchronous) as possible. The ability for the Disaster Recovery Platform to maintain near-synchronous replication can be affected by abnormal events including but not limited to:
- large amounts of data or block changes being made on one or more protected Client Computer Systems;
- addition of new Client Computer Systems for protection causing unexpected usage of bandwidth;
- reduction or complete loss of available bandwidth where the Internet is used for connectivity.
- The Disaster Recovery Service will deliver the target Recovery Point Objectives (“RPO”) based on the protected Client Computer System assigned priority:
- High priority: 1 hour
- Medium priority: 4 hours
- Low priority: 8 hours
- Recovery of one or more protected Client Computer Systems will be subject to the following Recovery Time Objectives (“RTO”):
- Recovery of a single protected Computer System (single server failover) will have a maximum RTO of 1 hour;
- Recovery of a group of protected Client Computer Systems including all protected systems (site failover) will have an RTO of (No. of protected Client Computer Systems x 1 hour) / 2 up to a maximum of 12 hours unless otherwise stated.
- Recovery will be managed by the Service Provider on Activation. Service Provider will work with the Client’s staff to ensure that once the Recovery is completed the affected Client Computer Systems are accessible to the Client, either to their existing Client Computer System location if this is available, or to the Client’s standby facility/ies.
- The Disaster Recovery Platform provides for an automated failback process allowing for the reverse replication of the Client Computer Systems whilst they are operational within the Disaster Recovery Platform.
- In the event that an Activation is not caused by a complete site failure, if the Client Computer Systems original storage volumes are available, these can be used as ‘seed’ volumes allowing for rapid reverse replication;
- In the event that an Activation is related to a complete site failure, or if the affected Client Computer Systems original storage volumes are not available, reverse replication will be performed at a rate limited by the available bandwidth between the Client Computer Systems and the Disaster Recovery Platform;
- Service Provider can perform a manual seed service (as an Additional Service) of any affected Client Computer System running in the Disaster Recovery Platform to a portable storage device and have that device shipped to the Client so it can be used to deliver rapid reverse replication.
- Disaster Recovery Service will be operational and available to Client 100% of the time in each calendar month less any Excused Outage in that month. (The first calendar month begins on the Commencement Date.) The Service Provider has no obligation to make the Disaster Recovery Service available during the period of any Excused Outage.
- If there is any Non-excused Outage in any calendar month, Service Provider will allow or pay to Client Service Credit sums calculated as set out in paragraph 7 below for that Non-excused Outage, subject to the following limits for Service Credit sums for Non-excused Outage:
- the total of Service Credit sums for any calendar month will not exceed the Maximum Monthly Service Credit Amount. The Maximum Monthly Service Credit Amount shall be £2,500.00; and
- the total of all Service Credit sums for each succeeding period of 12 calendar months (the first of which begins on the Commencement Date) will not exceed the Maximum Annual Service Credit Amount. The Maximum Annual Service Credit Amount shall be £20,000.00.
- Subject to paragraph 6 above, if on any day (midnight to midnight) in any calendar month there is/are any period/s of Non-excused Outage cumulatively exceeding 1 hour, the Service Credit sum for that day shall be 2 times the portion of the Fee payable by Client for that day. For this purpose the portion of the Fee deemed to be payable for any day is deemed to be one 30th of the total Fee payable for the month period in which that day falls.
- Subject to any limits set out in the Specification:
- Protection of Client Computer Systems to the Disaster Recovery Platform are selected in advance by Client using the Disaster Recovery Software such that the protection of the Client Computer System is then run automatically by the Disaster Recovery Software on a continuous basis; and
- The RPO and RTO limits set out in the specification are subject to review by the Service Provider and may be adjusted if the Disaster Recovery Service is unable to meet those limits due to any factors outside the control of the Service Provider such as insufficient bandwidth.
- Service Provider is not responsible for:
- either loss of data or inability to recover Client Computer System if it has not been protected by the Disaster Recovery Service; or
- Client’s deletion or failure to protect a Client Computer System; or
- delay in or failure of any Replication or Retrieval due to any factors, equipment, facilities, or services which are not provided or managed by the Service Provider or for which it is not responsible, including slow transmission speed, transmission failure or defect, inadequate transmission size or capacity, route of internet connection, and instability or failure of internet connection.