Service Level Agreement

Overview

Serverside Networks Inc. agrees to furnish services to the Subscriber, subject to the following (“Service Level Agreement” or “SLA”). Serverside Networks Inc. is hereafter referred to as (“Serverside.com”), (“Us”) and (“We”), and the Client as (“Customer”), (“Client”) and (“You”). Use of any Serverside.com service constitutes acceptance of and agreement to the Acceptable Use Policy (“AUP”) and the Terms of Service (“ToS”). All provisions of this agreement are subject to change from time to time at the discretion of Serverside.com. Subscriber understands that a change to the SLA by Serverside.com shall not be grounds for early contract termination or non-payment.

1. Scope

This SLA applies to dedicated server, cloud server and IP transit services purchased from Serverside.com. DDoS protection is included with those services; section 1.5 describes how attacks are treated for the purpose of performance credit.

1.1 Network

(“Network”) is defined as all equipment, software and facilities within Serverside.com’s infrastructure, including the contracted and leased services Serverside.com obtains from its providers, which Serverside.com utilizes to provide its dedicated server, cloud server, IP transit and DDoS protection services.

1.2 Service Availability

(“Service Availability”) refers to the total time in a given calendar month that Serverside.com’s infrastructure/network is available throughout the internet, provided that the client and its users have established internet connectivity. Serverside.com takes responsibility for the service availability within its own infrastructure, and what it has control over, however cannot be held liable for issues directly related to external providers, which include bandwidth, software or hardware.

1.3 Service Downtime

(“Service Downtime”) is defined as any unplanned interruption in service availability during which the client is unable to access the rented services as described in section 1.2. Provided that the downtime has been verified against Serverside.com’s monitoring records as resulting from a fault within the Serverside.com infrastructure, Serverside.com will measure the total length of unplanned service downtime during a calendar month for affected clients.

1.4 Scheduled Service Downtime

(“Scheduled Service Downtime”) is defined as a scheduled interruption of service. Scheduled downtime takes place during a Serverside.com defined maintenance window, which occurs in conjunction with a 1 hour notice to the client via electronic communication (email). Serverside.com agrees to schedule its maintenance procedures to take place during times at which clients will be least affected, and to expedite the procedures to reduce downtime incurred. Scheduled service downtime does not count as service downtime.

1.5 Performance Credit

(“Performance Credit”) is defined as the amount credited to a client when 100% service uptime is not met. Serverside.com will credit the customer 5% of its monthly (pro-rated to monthly if on a term other than monthly) service fee for each 1 hour of service downtime incurred, up to 100% of the client’s monthly service fee. Performance credit is calculated according to this section and is issued once a qualifying outage has been verified; Serverside.com may decline a claim only where an exclusion in this section applies. Performance credit is only applicable where the service downtime is the direct fault of Serverside.com. Performance credit is NOT applicable in the case of a service attack (DDoS), hardware failure, software failure, or a failure or issue induced by the client.

1.6 Claiming Performance Credit

To claim performance credit, submit a request through the Serverside.com cloud console at https://cloud.serverside.com or by email to [email protected] within 30 days of the end of the calendar month in which the downtime occurred, naming the affected service and the downtime period. Credit is applied to the next invoice for the affected service and is not paid out in cash.

1.7 Monitoring Service

(“Monitoring Service”) is defined as the service which Serverside.com provides in order to monitor the status of its infrastructure, which includes networks, individual systems and other services. The monitoring service is provided via Serverside.com’s monitoring solutions, and its records are the reference for verifying service downtime under section 1.3.