SERVICE LEVEL AGREEMENT

Objectives of the Agreement

This agreement sets out the minimum level of service that USTCLOUD is required to meet and the corresponding penalties for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.

Network Uptime

The guaranteed up-time for network services is 99.9% each month. This uptime is determined by monitoring performed from remote locations by USTCLOUD, and does not take into consideration outages or issues with upstream providers, network carriers or clients local area networks.

Customer Support

All support requests will be handled as soon as possible, target time to action all support requests is within 60 minutes.

Requests for software upgrades and or installation of new software packages will be processed as soon as possible. Target time to complete such requests is within 24 hours of receipt.

Hardware Replacement

Hardware replacement will occur within 24 hours of the reported problem or failure where possible. Where further time is required USTCLOUD will contact the client via email and or telephone, where possible, to arrange alternative options.

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild RAID array’s where applicable.

Restoration of Client Data

Restoration of client data is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, USTCLOUD will restore the system to its original state however possible.

USTCLOUD is not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. USTCLOUD shall not be liable for loss of data under any circumstances.

Network Performance

All Network services are continuously monitored to ensure rapid response to any faults, which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided to technical support staff via email and SMS services 24 hours, 7 days.

Scheduled Outages

Scheduled outages: From time to time upgrades to hardware and or software may be required, such upgrades will generally be performed outside of business hours to avoid interruptions. Clients will be notified, where possible as far as practicable in advance of such upgrades. Scheduled network outages under normal conditions should not exceed 5 hours per year.

Under normal conditions the client will be advised via email and or telephone no less than 24 hours in advance of any scheduled outage. Under normal conditions, where possible, the clients input will be sought to identify the most suitable time for a scheduled outage to take place.

Outages caused by Upstream providers, such as the Data Center and or the network carriers are not covered by this Service Level Agreement as such outages are beyond the control of USTCLOUD.

Un-Scheduled Outages

Un-scheduled outages: From time to time unscheduled upgrades and or maintenance to hardware and or software may be required, where deemed to be urgently required in order to maintain network stability and operation. USTCLOUD, reserves the right to perform such unscheduled activities where it deems it necessary to maintain network stability and operation.

Outages caused by Upstream providers, such as the Data Center and or the network carriers are not covered by this Service Level Agreement as such outages are beyond the control of USTCLOUD.

Service Agreement Exclusions

This Service Level Agreement does not cover Service Downtime caused by problems in the following:

1. Client’s local area network.
2. Client-provided Internet connectivity or end-user software.
3. Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
4. Any predetermined Scheduled Service Downtime.
5. Any problems beyond the immediate USTCLOUD network.
6. Failure of hardware co-located by the client with USTCLOUD, or failure of any hardware or network connectivity directly caused by hardware co-located with USTCLOUD.

Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:

1. Inaccurate configuration.
2. Non-compliant use of any software installed on the server.
3. Client initiated server over-utilization.
4. Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
5. Problems associated with Operating System, Software, or Applications.

Service Level Guarantee

The service level guarantee will be measured by USTCLOUD and is based on the Network up-time. If USTCLOUD determines that primary services were unavailable for period exceeding the maximum allowable under the prescribed up-time target, and extending for a continuous duration of 1 hour or more per instance, upon the customers request, USTCLOUD will credit the customers monthly invoice the prorated charges of one (1) day of the USTCLOUD services fee for each consecutive hour, up to a maximum of 30 days per month. To receive credit if this guarantee has not been met, the customer must contact USTCLOUD within 30 days of the end of the month for which credit is requested and must provide specific data, dates and times of outages.

This guarantee applies only to clients whose accounts with USTCLOUD are not in arrears at the time the Service Level Agreement is actioned.

USTCLOUD reserves the right to modify this agreement at any time.