Terms and Conditions – High Availability Option for Hosting Services

Updated: May 2014


The additional conditions for High Availability (hereinafter referred to as „HA”) are only valid if a high availability option is explicitly stated in the order.
These additional terms and conditions supplement the „Terms and Conditions of NeptuneLabs GmbH for the Image Hosting Services“.
The purpose of the HA is to provide an increased availability guarantee for the customer.

§ 2.1 Scope of services

(1) HA only applies to multiple systems intended to serve the same purpose. The minimum number of systems shall be two.

(2) HA expressly refers to the network availability of content already stored on the server, but not to the availability of individual servers or functionalities.

(3) The content stored on the image servers (not on the cache servers) will be mirrored with a specific procedure determined by NeptuneLabs.

(4) NeptuneLabs guarantees a standby system for each multiple system product group, e.g. one additional FSI Cache acts as a standby for three FSI Cache servers in productive use.

(5) Other servers used by the customer which are not part of these multiple systems and thus the HA option, will not be automatically part of the HA.

(6) In case the scope of the order is altered subsequently by the customer during the contract period, an explicit acknowledgment of NeptuneLabs regarding the continuation of the HA option is necessary. Otherwise, the high availability ends automatically. The actual availability of the individual systems is monitored by NeptuneLabs via an internal monitoring system. The customer shall only be permitted to use own monitoring systems if they do not impair the functionality of the overall system. Statistics supplied by monitoring systems on behalf of the customer will in general not be considered determinative.

(7) It is part of the due diligence of the customer to ensure the maintenance of the HA. NeptuneLabs has to be informed in advance in case specific situations, e.g. predictable peaks of system use, will occur.

§ 9.1 Specifications: High availability

(1) In general, the image-hosting services are available 24 hours a day, seven days a week.

(2) The guaranteed availability of the overall system shall be 99.9% per month. This equals a down time of a maximum of 43.5 minutes per month.

(3) NeptuneLabs guarantees the operation of the systems in at least two different, physically segregated data centers.

(4) The availability guarantee applies to the overall system which includes all servers affected by the HA option. The down time of one individual server will not have an effect on the overall availability, provided that other servers of the overall system with the same functionalities are still operating.

(5) HA only applies as long as the systems are used according to their approved destination. NeptuneLabs reserves the right to suspend or terminate the HA option instantly in case the systems are used at maximum operational limits. NeptuneLabs will notify the customer in advance.

(6) In case an excessive and inappropriate use of the servers by third parties becomes evident, e.g. a Denial of Service attack, it will not have any impact on the availability calculation of the provided service.

§ 10.1 Technical support for high availability

(1) The customer agrees to provide a contact person and the respective telephone number and e-mail address prior to the start of the contract period. In case of failure NeptuneLabs will notify the contact person of the type and scope of the failure.

(2) In case of a fault NeptuneLabs guarantees a response time of one hour during the regular working hours between 09:00 and 16:00 on workdays, excluding official public holidays in Germany. Outside these hours, a maximum response time of two hours will be guaranteed. Alternatively, NeptuneLabs will provide an emergency online system for the customer.

(3) If the customer requests a software or hardware change which requires the interruption of the service or a part of it, the HA will be suspended for the time required to fulfill the customer requests.