SERVICE LEVEL AGREEMENT

This Agreement is effective from the Service Commencement Date as defined in Clause of the Agreement.

This Agreement provides the right under certain circumstances specified below, for a Customer to receive Service Credits in the event of failure by EnterpriseCloudHosting to provide Service to the Customer in accordance with the Agreement.

Customer acknowledges that EnterpriseCloudHosting has the expertise and knowledge to provide the Services. The Customer has shown his interest in availing the Services provided byService Provider by accepting the terms and conditions mentioned in this Agreement and the standard of the Service as provided in this SLA.

DEFINITIONS

In this SLA, the following words and expressions, unless inconsistent with the context, shall bear the meanings assigned thereto:

Downtime” (“D”) shall mean the duration of the Service Outage, calculated in aggregate number of hours in respective month. Where if EnterpriseCloudHosting identifies the service outage, the downtime begins from there on or if customer identifies and a Trouble Ticket is raised from the occurrence of Service Outage, the time period for Downtime begin upon start of Service Outage and ends when the Trouble Ticket is closed by EnterpriseCloudHosting subject to due confirmation from the Customer on resolution of the outage. The time periods are calculated on basis on the number of outages per respective month and excluding the events covered under headings Exceptions to this SLA which shall not for the purposes of this SLA be included while measuring Downtime.

Exceptions” shall mean all the events as mentioned in Clause 3 of this SLA and shall include either an event or a set of events, any occurrence and the duration of occurrence of which shall not constitute a Service Outage or Downtime for the purposes of this SLA.

Emergency Maintenance” shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Service etc. as the case may be and has to be attended immediately. EnterpriseCloudHosting shall try to notify the Customer about the emergency maintenance in advance,whenever feasible.

Facility” means the facility located at office of EnterpriseCloudHosting in Mohali where EnterpriseCloudHosting provides space, racks for placing the servers. “Fees” means the amount invoiced by Service Provider.

Network” means the portion of internal computer network owned or operated on behalf of EnterpriseCloudHosting that extends from the outbound port on a Customer’s cabinet switch tothe outbound port on the border router and includes all redundant internet connectivity,bandwidth, routers, cabling and switches.

Actual Uptime” (“A”) shall mean the aggregate percentage of Total Uptime Hours in respective month during which the Services is actually made available for use by Customer.

Representatives” means any person who is nominated or appointed by the Customer to visit the Facility center.

Service Credits” shall mean services which the Customer would be entitled on account of failure of the EnterpriseCloudHosting to provide Services as per the standards mentioned in this Agreement.

Service Catalogue” shall contain all or any of services/facilities viz., back up facility, dedicated firewall facility, hardware monitoring facility, help desk support, load balance server, network and power uptime, OS management, shared firewall service and Version Control described in Annexure A to this SLA which may be availed by the Customer.

Service Outage” shall mean an unscheduled disruption/failure in any Service offered by EnterpriseCloudHosting as per this Agreement, due to which Customer’s server is un-accessible to Customer. The outage of Services due to, but not limited to the following shall be a Service Outage; Customer is unable to transmit to or receive information from his network equipment because EnterpriseCloudHosting failed to provide facility services to its network equipment including, switch, router, firewall etc. Failure of Services like Internet connectivity, IDC LAN etc. shall also be treated as Service Outage.

Setup Charges”: means all charges which may be incurred by EnterpriseCloudHosting for installing the server or any other expenses incurred for the commencement of Services to the”Total Uptime Hours” shall mean 24 hours 365 days a year (year is defined as period of 365 days).

Trouble Ticket” means issuing a ticket with a unique identification number confirming the Customer complaint logged in with EnterpriseCloudHosting in relation to a Service Outage faced by the Customer.

SCOPE OF THE SERVICES

EnterpriseCloudHosting may provide such Services as provided in the Service Catalogue.

The Customer may issue one or more purchase orders to EnterpriseCloudHosting for Services and EnterpriseCloudHosting shall accept a purchase order only if it is in accordance with the terms of this Agreement and for services as covered by theService Catalogue.

EnterpriseCloudHosting assures Customer that it shall provide its immediate support and assistance in the event of any disruption in the Services being provided by EnterpriseCloudHosting. The manner and time frame for troubleshooting and the timelines for the resolution of the problems are mentioned in the Annexure A of this Agreement.

  • Dual active power sources from two different power generation plants.
  • Tier III- (system) + (system) Architecture – Fault Tolerant with No Single
  • Point of Failure
  • Capability to provide 99.995 % SLA
  • Carrier Neutral Datacenter

EnterpriseCloudHosting assures the Customer 99.995 % uptime availability of the Infrastructure including Power and Cooling** covered by this SLA. Hardware Uptimes SLA wouldbe 4 hours resolution from the time of detection of hardware problem either byEnterpriseCloudHosting help desk or by the Customer. Subject to Clause 3 of this SLA, in the event EnterpriseCloudHosting fails to provide the Customer with the Services required by the Customer in accordance with the SLA, such failure resulting from complete unavailability of EnterpriseCloudHosting network, such events will be treated as “Qualified Network Downtime Event” for which EnterpriseCloudHosting will issue the Customer a Service Credit – calculated as per above method.

** EnterpriseCloudHosting assures Customer that it will provide cooling @ 21°C (+/-) 2°C and
Humidity levels @ 50 % (+/-) 5%.

2.5 The Actual Uptime (A) calculated in the respective month and it will be measure (compared) against the total uptime hours of the year 99.995%. If the outages exceeds total uptime hours the following service credits shall be due to

Customer

A >= 99.995% No Credits
A in between 99.994% to 99.000% 2 days equivalent service credit for the Service period affected calculated on a prorate basis.
A in between 98.999% to 98.000% 7 days equivalent service credit for the Service period affected calculated on a prorate basis.
A is < 98% 15days equivalent service credit for the Service period affected calculated on a prorate basis.

Calculation of Actual Uptime % = Total Uptime Hours –Actual Downtime x 100.
Total Uptime Hours
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