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You SLA me!

Posted on 28 Apr 2009 at 11:02

Jon Honeyball wonders where in the world his data is stored, and David Moss continues his mission to get a course management system up and running.

Following on from my comments in the Windows column about VMware and its Cloud plans, I see that Microsoft has commenced the launch of its hosted services platform for various technologies here in the UK. The top package is the Business Productivity Online Standard Suite that consists of Exchange Online, SharePoint Online, Office Communications Online and Office Live Meeting. There are a few additions you can bolt onto this, including Exchange Hosted Services and Dynamics CRM Online, and the basic cost is about £10 per user per month, which doesn't seem like a lot. There's a full trial facility in place, as Microsoft starts the roll-out and deployment of this technology. I've looked long and hard through the documentation, digging through the agreements and so forth, and they don't make for particularly happy reading.

First, the service level agreement (SLA) is described as being "99.9%" in a rather vague way that includes no mention of any sort of meaningful responsibilities binding on Microsoft to look after your data, beyond the usual predictable bragging about how it's a global service that uses huge datacenters. The website does say that: "Microsoft Online Services reliably deliver 99.9% scheduled uptime and carries a financially-backed service level agreement", but I can find no mention of this "financially-backed service level agreement" anywhere else on the website.

The document at www.pcpro/links/176serv1 says: "Transfer of personal information: Personal information collected through the Portal may be stored and processed in the United States or any other country or region in which Microsoft or its affiliates, subsidiaries, or agents maintain facilities. By using the Portal, you consent to any such transfer of information outside of your country or region. Microsoft abides by the safe harbor framework as set forth by the US Department of Commerce regarding the collection, use, and retention of data from the European Union."

In other words, your data might be stored absolutely anywhere and you have no control over it. It goes on to say: "We provide the Portal 'as-is', 'with all faults' and 'as available'. You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, Microsoft excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement."

Which in essence means that Microsoft is offering no real SLA. That interpretation is pretty much backed up by this clause:

"15. Liability Limitation; Your Exclusive Remedy

"You can recover from Microsoft only direct damages up to an amount equal to your service charge for one month or the equivalent of $5USD (whichever is greater). To the extent permitted by law, you cannot recover any other damages from Microsoft, including consequential, lost profit, special, indirect or incidental damages."

That means Microsoft is putting a value on the service of a maximum of one month's fee or $5 (£3.50). Finally, we have: "Applicable law and place for resolving disputes: Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract."