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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallNegotiate four protections before signing a cloud-GPU order: a measurable, GPU-specific uptime commitment; automatic credits that apply to the capacity you actually reserved; an operational export and migration schedule; and a defined termination process covering data, prepaid fees, suspension and transition help. Do not rely on a provider’s webpage or a generic cloud SLA. Put the GPU models, regions, remedies and exit mechanics in the order form or an incorporated service-level agreement, and specify which document wins if terms conflict.
Why a GPU contract needs more than a standard cloud SLA
GPU workloads can fail even when a provider reports that its general control plane is available. A shortage of a particular accelerator, failed provisioning, fabric congestion, driver incompatibility or degraded checkpoint storage can stop training while ordinary compute instances remain reachable. A useful contract therefore measures the service you bought, not merely whether a dashboard or API endpoint responds.
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Define the covered service by GPU SKU, quantity, region or availability zone, host configuration, attached storage and networking. State whether the commitment covers on-demand instances, reserved capacity, bare-metal servers, managed training jobs or all of them. Identify the measurement window (normally each calendar month), the monitoring source, the incident clock and the evidence a customer may use to prove an outage. If the provider can substitute a different GPU, say whether that counts as fulfillment and what performance or capacity difference is acceptable.
Public terms illustrate why this detail matters. The current Amazon EC2 SLA calculates service credits as a percentage of affected monthly billing, while NVIDIA’s SLA excludes customer systems and software, public-internet or telecommunications failures, force majeure, customer actions and maintenance. Those exclusions may be reasonable in a mass-market service, but each is a negotiation point for a dedicated GPU order.
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Build a measurable, GPU-specific uptime clause
Define availability and degradation separately
Use separate metrics instead of one “availability” percentage. Availability can mean that the contracted GPU is provisioned and usable. Capacity availability can mean that the promised number of GPUs can be obtained within a stated provisioning time. Performance availability can cover severe degradation such as repeated accelerator resets, unusable interconnect bandwidth or a managed job that cannot start. For multi-GPU training, define whether losing one GPU in a node is a full outage or a partial outage and how partial minutes are weighted.
Attach a schedule listing every SKU and region. A clause that promises “GPU availability” without identifying the model can let a provider satisfy the commitment with a lower-tier accelerator. Include minimum host memory, interconnect type, driver or CUDA compatibility where relevant, and the maximum time for replacement hardware.
Set the clock, exclusions and maintenance rules
- Measurement window: specify the month, billing period or other interval and the time zone used.
- Start and stop events: define when an outage starts (for example, failed provisioning, job interruption or loss of usable GPU access) and when it ends.
- Excluded events: list force majeure, customer-controlled software, unpaid accounts and documented internet failures narrowly. Do not accept a blanket exclusion for “any third-party network issue” when the provider controls the relevant fabric.
- Maintenance: require advance notice, a maximum duration and an emergency-maintenance exception with prompt incident reporting. Planned maintenance should not silently remove an unlimited number of hours from the denominator.
- Evidence: require provider monitoring records, status-page history, ticket timestamps and an exportable incident report. Permit your own logs to establish an event when provider telemetry is unavailable.
- Claim process: state whether credits are automatic. If a claim is required, give at least 30 to 60 days after the statement and identify the exact form, evidence and recipient.
Ask the provider to commit to a current uptime percentage for each listed SKU and region in the order form. No single public source reviewed supplies a comparable, current percentage and credit table for every GPU SKU or negotiated enterprise order, so a marketing page is not a substitute for signed values.
Design service credits as a real remedy
Use progressive, automatic credits
A credit should compensate the bill or commitment affected by the failure, not merely provide a symbolic discount on a future unrelated purchase. Negotiate progressive tiers: a small credit for a minor breach, larger credits as availability falls, and a separate severe-incident credit for a prolonged outage or repeated capacity shortfall. Make the calculation cumulative across incidents and based on the affected GPU capacity, including reserved or committed capacity that was unavailable.
Require automatic application to the next invoice. If the provider insists on a claim, make the provider’s incident records sufficient evidence and prohibit forfeiture when the provider failed to notify you of an incident. Specify whether a credit is cash-refundable when no future invoice remains and whether it can be applied to storage, data transfer or other services used during migration.
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Preserve additional remedies
State that credits are not your exclusive remedy for chronic or severe failure. Add a right to terminate for convenience or cause after a defined number of breaches, consecutive outage hours or missed capacity deliveries, with a refund or credit for unused prepaid commitment. You can also negotiate reimbursement of documented transition costs when a material, uncured SLA breach forces a move.
Provider terms vary sharply. Amazon EC2 links credits to affected EC2 billing. Lambda’s terms say it may, “at its sole discretion, choose to offer credits for the Services”; the credits are limited to specified services, non-transferable and normally expire after 12 months. Lambda also states that payment obligations are non-cancelable and fees paid are non-refundable unless an agreement or order expressly says otherwise. Replace discretionary language with an objective entitlement in your order.
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“You may export your data” is not a migration plan. Attach a portability schedule that names the artifacts, formats, interfaces, timing and assistance included in the price.
Specify everything that must leave
- Training and inference datasets, including object metadata, checksums, retention markers and access-control metadata.
- Model checkpoints, optimizer state, experiment histories, feature stores and reproducibility manifests.
- Container images, package locks, driver and runtime versions, startup scripts and machine images.
- Infrastructure-as-code, scheduler definitions, network rules, secrets references, IAM roles and group mappings.
- Job logs, audit logs, metrics, traces, billing records and incident records needed to reconstruct operations.
- Provider-specific configuration and an API-compatible export or documented transformation path when no open format exists.
Set a delivery format and test it. Commonly usable choices include OCI images for containers, documented JSON or CSV for metadata, Parquet for tabular data, and versioned text files for infrastructure definitions. The contract should require checksums, a manifest and enough documentation for a competent operator to restore the workload elsewhere.
Control egress and transition costs
Agree on an egress-price cap or a fee waiver for a defined exit window. State whether the waiver covers all datasets or only the last successful checkpoint, and whether provider assistance, temporary storage and transfer appliances are included. Require a paid transition-assistance period with named engineering support, response times and a ceiling on hourly charges.
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Google Cloud service terms incorporate interoperability and export concepts, but the practical scope still depends on the applicable service documentation, fees pages, console behavior and order. Put the exact export obligations in your order rather than assuming a general interoperability statement covers proprietary GPU orchestration.
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Set retrieval and deletion deadlines
Require a minimum retrieval window after expiration or termination, during which the provider keeps content available without changing the agreed export price. Oracle’s Cloud Services Agreement states that content is available for retrieval for no less than 60 days after the Services Period ends. You can negotiate a longer period for multi-petabyte datasets or regulated records.
After you confirm receipt, require secure deletion within a stated period, deletion of replicas and backups on a documented schedule, and a written deletion certificate. Preserve confidentiality, audit and data-protection duties until deletion is complete.
Protect the exit: termination, suspension and prepaid commitments
Termination rights and cure periods
Request termination for convenience on written notice, with a short wind-down period that permits export. For termination for cause, define material breach, a cure period and an immediate-termination exception for insolvency, security compromise or unlawful processing. Chronic SLA failure should trigger termination without an additional discretionary approval.
Address prepaid reservations explicitly. The order should say whether unused fees are refunded, converted to transferable credits, or forfeited; how credits are calculated after a partial month; and whether a provider-caused outage extends the commitment term. Without this language, a non-cancelable commitment can leave you paying for unusable capacity.
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Limit suspension
List the triggers for suspension: non-payment, credible security abuse, legal compulsion and an emergency threat to the service. Require notice and a cure period for remediable breaches, suspension of only the affected account or workload where feasible, preservation of data during suspension and rapid restoration after cure. Emergency suspension can be immediate, but the provider should explain the reason and supply a recovery path.
Handle force majeure and prolonged disruption
Force-majeure language should not erase payment, export or confidentiality obligations indefinitely. Require notice, mitigation, status updates and a right to cancel unperformed services after a defined period. Oracle’s agreement allows cancellation of unperformed services when a force-majeure event continues for more than 30 days, while payment and other surviving provisions remain addressed in the agreement. Negotiate equivalent treatment for your order and specify what happens to prepaid amounts.
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Use one scorecard for every proposal. Public terms are useful context, but negotiated enterprise orders can change the result.
| Axis | What to require in the order | Public-term example or evidence limit |
|---|---|---|
| GPU uptime | SKU, region, measurement window, outage and degradation definitions, target percentage | No single public source states a comparable current target for every GPU SKU and enterprise order. |
| Exclusions | Narrow list, maintenance notice and evidence standard | NVIDIA excludes customer systems, internet or telecom events, force majeure, customer actions and maintenance. |
| Credit calculation | Automatic, cumulative tiers against affected GPU billing or commitment | Amazon EC2 uses percentage credits against affected monthly billing; Lambda credits may be discretionary. |
| Reserved capacity | Credit and refund treatment when reserved GPUs cannot be delivered | Not stated in the cited public terms; obtain an order-form commitment. |
| Export scope | Datasets, checkpoints, images, logs, metadata, IAM and infrastructure definitions | Google Cloud terms include interoperability and export concepts, with details in service documentation and orders. |
| Egress and assistance | Exit-window cap or waiver, transition staff, response times and fees | Not stated as a universal GPU obligation; negotiate it directly. |
| Retrieval period | Minimum days after termination and no change to agreed export pricing | Oracle states at least 60 days after the Services Period. |
| Termination and refunds | Convenience right, cure period, chronic-failure trigger and unused-commitment treatment | Lambda says fees are generally non-refundable and payment obligations non-cancelable unless the order says otherwise. |
| Liability | Cap tied to fees or commitment, with carve-outs for confidentiality, data loss, security and willful misconduct | Amazon’s customer agreement caps aggregate liability at fees paid in the preceding 12 months and excludes certain unavailability and consequential losses. |
| Document precedence | Order form, SLA, data terms and website terms ranked explicitly | Provider terms can be modified or incorporated by reference; precedence must be contractual. |
Clauses worth putting in the redline
Automatic credit entitlement
“If monthly GPU availability for a listed SKU and region falls below the tier in Schedule A, Provider will automatically issue the corresponding credit against the affected commitment within the next invoice. Credits are cumulative across incidents, do not expire while this order is active, and are refundable or transferable to the customer’s documented transition costs when the order ends.”
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“Customer may terminate the affected service without early-termination charge after three SLA breaches in any rolling six-month period or any outage exceeding the severe-incident threshold. Provider will refund the unused portion of prepaid capacity and waive egress charges during the agreed exit window.”
Export and deletion
“Within five business days of request, Provider will make the artifacts in Schedule B available in the stated formats with manifests and checksums. Provider will retain them for at least the retrieval period, provide reasonable transition assistance, and certify deletion of production, replica and backup copies after Customer confirms receipt.”
Pre-signature checklist
- Attach the GPU SKU, quantity, region, host and interconnect schedule.
- Define uptime, degradation, capacity shortfall, failed provisioning and maintenance separately.
- Set measurable percentages, incident clocks, evidence rules and claim deadlines.
- Make credits automatic, progressive and applicable to reserved capacity.
- Add chronic-failure termination, unused-commitment refunds and exit-window egress treatment.
- List every export artifact, format, checksum, retrieval period and deletion certificate.
- Limit suspension to stated triggers with notice, cure and emergency procedures.
- Negotiate liability-cap carve-outs, confidentiality, audit rights and governing law.
- Rank the order form, SLA, service terms, documentation and website terms by precedence.
- Recheck every percentage, price, exclusion and URL immediately before signature; public terms and service documentation can change.
The strongest GPU contract makes failure measurable, remedies automatic and migration routine. If a provider will not commit to those basics, treat the uncertainty as a business cost and reduce the prepaid exposure rather than assuming a generic cloud SLA will protect a specialized accelerator workload.
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