Encryption Management Platform (EMP) Addendum

Encryption Management Platform Service Description

Encryption Management Platform (EMP) is a cloud security solution provided by phoenixNAP and supported by Fortanix. This Self-Defending Key Management Service (SDKMS) delivers Hardware Security Module (HSM), Key Management, Encryption, and Tokenization for multi-cloud and hybrid environments. The solution provides a centralized way to enforce policies and maintain consistent end to end encryption by encrypting applications and data – at rest, in motion, and in use by leveraging Runtime Encryption technology built upon Intel SGX technology. With SDKMS, one can securely generate, store, and use cryptographic keys and certificates, as well as secrets, such as passwords, API keys, and tokens. This service supports all the major key algorithms (AES, RSA, (3)DES, HMAC, ECC) and is a FIPS 140-2 Level 3 certified HSM.

Encryption Management Platform SLA

This Phoenix NAP Service Level Agreement (“SLA”) is a policy governing the use of Phoenix NAP Encryption Management Platform (“EMP”) under the terms of the Phoenix NAP Master Service Agreement (the “PNAP MSA”) between Phoenix NAP, LLC and clients of Phoenix NAP services. This SLA applies separately to each account using Phoenix NAP EMP service. Unless otherwise provided herein, this SLA is subject to the terms of the PNAP MSA and capitalized terms will have the meaning specified in the PNAP MSA. We reserve the right to change the terms of this SLA in accordance with the PNAP MSA.

  1. Service Availability of Application Program Interface (API) and User Interface (UI).
    99.9 to 99.0 = 25%
    99.0 and under = 100%

    If the Availability of a class of service that you purchase is less than the associated Availability Commitment, then you may request Service Credits for that affected class of service in accordance with the PNAP MSA procedures. Availability in a given month is calculated according to the following formula:
    “Availability” = ((total minutes in a calendar month – total minutes Unavailable) / total minutes in a calendar month) x 100

  2. The following will be considered an SLA Event for the EMP service:

    A more than five (5) percent Error Rate for more than ten (10) consecutive minutes – where “Error Rate” means the number of valid requests that result in a response with HTTP Status 500 and Code “Internal Error”, or no response due to network interruption deemed to be created by PNAP, divided by the total number of valid requests during each five-minute period.

  3. Reporting

    Client should report downtime incidents requests to us via email to [email protected] or submission through our portal at https://portal.phoenixnap.com immediately of the event's commencement. Only one event per report, please. Please include the service type, IP Address, and a full description of the service interruption including logs (if applicable). Downtime officially begins at the time PNAP receives the email "ticket" and ends when PNAP has, at its sole discretion, resolved the issue.

  4. Exclusions

    The Service Commitment does not apply to any unavailability, suspension or termination of Phoenix NAP, or any other Phoenix NAP performance issues:

    1. That result from a suspension described in Section 5 of the PNAP MSA; Caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Phoenix NAP;
    2. That result from any actions or inactions of you or any third party;
    3. That result from Client equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
    4. Arising from our suspension and termination of Client’s right to use Phoenix NAP EMP or any other service offering in accordance with the PNAP MSA (collectively, the “PNAP MSA SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.
  5. Account Status

    If Client is currently behind in payments for Client’s accounts, of has been behind 3 or more times in the preceding 12 months, Client does not qualify for an SLA credit for Downtime. Valid SLA claims can't be credited if Client has outstanding abuse issues, but once Client’s abuse issues are resolved PNAP will gladly credit all valid claims. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms & Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms & Conditions and are therefore not entitled to SLA credits. Making false or repetitive claims will cost Client $50 per incident and may place Client in violation of account Acceptable Use Policy and Terms & Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms & Conditions.

    1. Application of Service Credits
      Whichever Service was least available during the Service month, PNAP will apply any Service Credits only against future payments otherwise due from Client; provided that:
    2. PNAP may issue the Service Credit to the Client account for the Service Month in which the Unavailability occurred,
    3. Client is current with all payment obligations set forth in the Agreement, and
    4. Client’s total calculated usage fees for the Eligible Credit Period are greater than or equal to $100.
    5. Service Credits shall not entitle Client to any refund or other payment from PNAP. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Service Credits are Client's sole and exclusive remedy for any unavailability or non-performance of Services.
  6. Credit Request and Payment Procedures

    To receive a Service Credit, Client must submit a request by sending an e-mail message to [email protected]. To be eligible, the credit request must:

    1. Include SLA Service Credit Claim in the subject of the e-mail message;
    2. Include, in the body of the e-mail, Client’s Organization name or Client ID, the dates, times, and length of each Unavailability Period that Client claims to have experienced;
    3. Include any documentation that corroborates Client’s claimed Unavailability; and
    4. Be received by PNAP within thirty (30) calendar days of the last day reported in the Unavailability claim.
    5. If the Monthly Uptime Percentage of such request is confirmed by PNAP valid for the Service Month requested, then PNAP will issue the Service Credit to Client within one Service Month following the month in which the request is confirmed. Client’s failure to provide the request and other information as required above will disqualify Client from receiving a Service Credit. PNAP's data and records will be the sole factor for validating claims due to Unavailability.

V.1, 11152021