3. SLA: Infrastructure and Network Availability

3.1. Service Level

3.1.1 Company will make commercially reasonable efforts to make the Services available with an uptime percentage of at least 99.99% during each calendar month. Customer will be entitled to a Service Credit if the Availability Rate in any one month falls below 99.99% as described in Section 3.3.
3.1.2 A Service will be deemed ‘available’ if the Service Menu is available and if that applicable Service Menu is identified working by the Solution Monitors.
3.1.3 Service Levels applies to the Service Menus in the following table:
Menu Category Class Exclusions
Compute Compute Resource (Shared Device) Compute(CPU/Memory) Guaranteed -
Premium -
Standard -
Storage Premium -
Standard -
Compute Resource (Dedicated Device) Server Large -
Medium -
Small -
Server(Generation2) Large -
Medium -
Small -
Storage Premium+ -
Premium -
Network Internet Connectivity Best Effort Any Unavailability due to failure of the Internet which is not provided by Company will be excluded from Monthly Downtime.
VPN Connectivity Best Effort -
Guaranteed -
Server Segment -
Interconnectivity Service Interconnectivity -
Colocation Interconnectivity -
vFirewall -
vLoad Balancer -
Integrated Network Appliance Compact -
Compact(Redundant) -
Large -
Large(Redundant) -
External Storage Global File Storage Primary Storage -
Secondary Storage Any Unavailability which does not result from a Company Equipment will be excluded from Monthly Downtime.
Block Storage Storage Premium++ -

3.2. Service Level measurements

3.2.1 Available time and Unavailable time will be counted by measurements designated by Company.
3.2.2 The duration of Unavailability shall commence at the time the Unavailability is recorded and terminates when Solution Monitors records the Service being restored.

3.3. Service Credits

3.3.1 Service Level will not be applied when any Service Charge is overdue. If Company fails to meet the Availability Rate, Customer will be entitled to a Service Credit subject to this Section 3.3.
3.3.2 In the event Customer is entitled to a Service Credit, Customer shall submit a claim in Exhibit A (Service Credit Request Form) by email to Company within thirty (30) calendar days following the date the Unavailability happened. Customer must specify which Service Level was not met by means of Company’s instruction. If Company did not receive a Service Credit request within thirty (30) calendar days following the date Unavailability happened, Customer shall not be entitled to the Service Credit for the applicable Unavailability.
3.3.3 Company will respond to Customer on the Unavailability upon receipt of the Service Credit request. If Company confirms the Service Level specified in the Service Credit request is not met, the Service Credit will be issued to Customer after 2 months later of the month Company confirmed the Unavailability.
3.3.4 Company shall calculate the Service Credit for each Data Center.
3.3.5 The amount of reimbursement will be the total Service Charges for each Data Center multiplied by the following Service Credit. Notwithstanding the foregoing, in no case the Service Credit will exceed 100% of the monthly invoice for each Data Center.
Monthly Downtime Availability Rate Service Credit
≦4Min19Sec 100% to ≧99.99% 0%
4Min19Sec<to≦86Min24Sec 99.99%>to≧99.80% 1%
86Min24Sec<to≦432Min 99.80%>to≧99.00% 3%
432 Min<to≦864Min 99.00%>to≧98.00% 10%
>864Min <98.00% 100%

3.4. Exclusions

3.4.1 Notwithstanding anything to the contrary in this SLA or any agreement between Customer and Company, the following provisions will apply:
Customer shall not be entitled to any Service Credits under this SLA for any Unavailability due to:
(a) Force Majeure event, which means any cause beyond Company’s control including but not limited to, any act of God, earthquake, explosion, flood, fire, power failure, blackout, severe weather, or other catastrophe; any embargo, insurrection, national emergency, terrorist act, or war; any Law or any order, direction, or request of any federal, state, local, foreign, or other government or of any civil or military authority; or unavailability of necessary equipment, supplies, services, labor, or facilities;
(b) any act, misconduct or omission of Customer or End User;
(c) any default of third parties;
(d) Scheduled Maintenance;
(e) any failure of Customer or End User equipment;
(f) any failure to comply with Acceptable Use Policy;
(g) Customer’s failure to follow Company’s instructions;
(h) unauthorized changes to Company Equipment due to an act, misconduct or omission of Customer or End User; or
(i) exclusions described in Section 3.1.3

3.4.2 Notwithstanding anything to the contrary in this SLA or any agreement entered into between Customer and Company, the following will be excluded from the Monthly Downtime:
(a) any Unavailability due to Maintenance announced in advance by Company (including Emergency Maintenance);
(b) if the automatic switchover of a redundant device worked; or
(c) a failure to provide Customer Portal, including those provided by Company under the Customer Portal Service Agreement, which had no impact on the Service.
Download the Service Credit Request Form