IDNT Compute Cloud Terms

Last modified: August 2015

The IDNT Compute Cloud Agreement (this "Agreement") constitutes an agreement between IDNT Europe GmbH ("IDNT","we","us","our" or "our") and you or the entity you represent ("you","your","you") and governs the terms and conditions of access to and use of the IDNT Compute Cloud. By placing an order or, at the latest, by commencing use of the IDNT Compute Cloud, you agree to this agreement. You assure us that you are legally able to conclude contracts (e. g. that you are not a minor). If you enter into this Agreement for a company or organization ("Company","Organization"), such as the company for which you work, you represent and warrant to us that you have the authority to legally bind the company to this Agreement.

1. General

The IDNT Compute Cloud is the provision of infrastructure for running virtual machines, including the provision of associated services such as storage space, IP addresses, certificates, Internet access, private networks, access control, load balancing systems and protection of infrastructure and content.

In accordance with this Agreement and the General Agreement for the Use of IDNT Cloud Services, you may access and use our Compute Cloud Services.

2. Operating Environment

The infrastructure provided by IDNT is operated in data centers specially designed for applications with special protection requirements that meet at least the following requirements:

• The power supply by the energy supplier is provided several times redundant (2n) via separate routing. If this is not possible, the emergency power supply must be able to guarantee a bridging period of at least 72 hours under full load.
• The emergency power supply via UPS (battery operated) is redundant in the A and B path (n+1 or 2n).
• The backup power supply via generators is redundantly available in the A and B path (n+1). The fuel supply must allow at least 36 hours to be bridged under full load. To enable a bridging of longer periods of time, appropriate agreements must be made with suppliers.
• The electrical power is at least 1kVA per m².
• The air-conditioning is redundant (n+1), takes place within the parameters of the ASHRAE recommendations and is permanently monitored by sensors.
• Building security is guaranteed by trained security personnel, video surveillance with recording and electronic access control with a central control console 24/7.
• The environmental control is carried out by a computer-aided building management system with firefighting system and sensors for early fire detection (RAS system) as well as the detection of electronic, mechanical and water damage.
• Fire protection is achieved with the help of structural measures as well as an early fire detection system (RAS System) and active fire extinguishing (gas). Optical and thermal fire detectors must be available in all levels (e. g. false floor and false ceiling).
• The technical rooms are free of water-bearing pipes and have redundant data cabling.
• Physical access to our infrastructure may only be granted to employees designated by us.

Particularly important components of our infrastructure (such as routers, switches, firewalls, load balancers,...) are available in 2N or 2N+1 redundancy. In the case of 2N+1 redundancy, +1 may be achieved by using equivalent components from another manufacturer.

The power supply of all systems is provided by two independent feeds (A+B). All host systems have redundant power supplies and redundant cooling.

The network connection is redundant and connected to different access switches, which in turn are redundantly connected within our infrastructure.

We operate our storage systems in RAID level 6 or 10 with Hostpares to ensure the best possible reliability. Primarily SAS systems are used. The exact configuration of the storage systems depends on the selected server type.

The availability and performance data of the infrastructure are monitored by IDNT 24/7.

3. Usage Fees

Unless otherwise agreed, the following usage fees arise from the use of the IDNT Compute Cloud. A combination with other offers may result in additional fees independent of the fees listed here.

3.1 Infrastructure-Fee

This fee is based on resources reserved for a virtual machine, such as memory, memory, memory, CPU cores, and network connectivity, and depends on the server type, operating system, and state of the machine. The provision of an operating system license in accordance with the Licensor's license terms is already included in this fee.

The calculation is based on the following states in which a virtual machine may be located:

• Online

  The machine has been started in the online state, which means that all the resources reserved by you for the machine are used from our infrastructure. In this state, the full infrastructure fee is due per hour or part thereof in which the machine is in this state.

• Offline

  In offline mode, the machine has been stopped, which means that only a part of the resources reserved by you for this machine are used from our infrastructure. Therefore, we charge only the portion of the storage space provided (i) and (ii) the operating system license fee per hour or part of an hour in which the machine is in this state.

• Archived

  In the Archived state, the machine was stopped and all associated content was transferred to a cost-effective archiving storage location within our infrastructure. Therefore, we only charge a reduced fee for storing the storage space per hour or part of an hour in which the machine is in this state.

3.2 Service-Fee

This fee is based on the service level you have chosen and consists of (a) a monthly base amount and (b) a variable amount depending on the resources you use per virtual machine.

3.3 Storage-Fee

This fee is based on the amount of space reserved by a virtual machine and the type of memory reserved (storage type). They charge the reserved storage space per hour or part thereof.

3.4 Public IP Data Usage

This fee includes the volume of data you use for communication between the machines and systems or users outside our network that we operate. This fee may also include a lump sum for providing public IP addresses.

4. Fees

The price list available under Compute Cloud Pricelist in the version valid at the beginning of the billing period shall apply to the usage fees stated under section 3.

5. Aceess

The access and management of your machines is carried out via the access data stored in your IDNT user account. The following access paths are available with your IDNT account:

5.1 IDNT Compute Console

The IDNT Compute Console is a web application that allows you to manage your machines and access the console (currently only for Linux machines) directly using an up-to-date HTML5 enabled web browser.

5.2 IDNT Compute Shell

You can log on to the IDNT compute shell using a Secure Shell (SSH) client. The IDNT compute shell allows you to access the SSH service of your machines or open a tunnel to any other service running on your machine, provided that access is not blocked by your machine's firewall settings.

5.3 Remote Desktop Gateway

Using the IDNT Remote Desktop Gateway, you can use the RDP client to access machines that run a remote desktop service, provided that access is not blocked by your machine's firewall settings.

6. Availability

IDNT undertakes commercially reasonable efforts to achieve a monthly system availability of at least 99.95% during a monthly billing period according to the definitions in 6.1. In the event that we do not achieve this system availability, you are entitled to receive a service credit according to the description in Section 6.3.

6.1 Definitions

"System availability" means:

A system is considered unavailable if at least one of the following malfunctions occurs outside a maintenance window announced by IDNT:

• The running machines cannot establish an external connection via correctly configured and active network interfaces.
• No read and/or write operations with pending IO requests in the queue are performed on memory space connected to running machines.

"Maintenance window" means:

A period of time announced by us in accordance with Section 17 of the General Agreement for the Use of IDNT Cloud Services during which maintenance work will be carried out by us in accordance with the description in Section 6.2.

6.2 Maintenance work

In order to ensure the safety and stability of our systems, we are entitled to carry out maintenance work from time to time. In some cases, it may be necessary to interrupt the operation of your virtual machine. Unless urgent work is required due to an acute threat to security and stability, a maintenance window for carrying out the maintenance work shall be announced by us at least 24 hours prior to commencement of the work in accordance with Section 17 of the General Agreement for the Use of IDNT Cloud Services, and shall be scheduled for the period between 2:00 and 6:30 CET. In the event of urgent work, a maintenance window can be announced at any time up to 30 minutes before the start of work.

To protect your application from being interrupted by maintenance work, you must design your application redundantly on at least two machines in different availability groups.

6.3. Servoice credit note

Service Credits will be calculated as a percentage of all payments made by you in connection with this Agreement and the non-achievement of the availability commitment in the billing period (except for one-time payments) in accordance with the following specifications.

Any service credits will only be charged against future payments due and payable by you for using the IDNT Compute Cloud. Service credits do not entitle you to a refund of the amount or other payment by us. A service credit memo is only used and will only be credited if the credit memo for the corresponding monthly billing period is more than one euro (€1). Service credits cannot be transferred or credited to another customer account. Unless otherwise specified in the General Agreement for the Use of IDNT Cloud Services, receiving a Service Credit in accordance with these Terms is the only and exclusive remedy in the event of unavailability, non-performance or other inability on our part to provide the Services under this Agreement.

6.4 Exclusions

Our obligation under Section 6 of this Agreement shall not apply to any unavailability, suspension, termination or failure to perform: (i) any suspension based on any suspension described in Section 7 of the General Agreement for the Use of IDNT Cloud Services; (ii) caused by factors beyond our reasonable control, including any event of force majeure or problems of Internet access and similar problems beyond the boundaries of IDNT; or In the event that service availability is impaired by factors which we do not take into account when calculating the error rate of the monthly system availability, we can, at our discretion, provide the following services