SERVICE LEVEL AGREEMENT FOR CLOUDIT’S CLOUD SERVER SERVICE OFFERING (99.99% SLA)

The cloudIT’s Cloud Server Services SLA (“SLA”) service level agreement and associated solutions described below apply to the cloudIT’s Cloud Server Service (“Service”), which utilizes cloudIT Infrastructure, when that Service is purchased directly from cloudIT or through a cloudIT Partner or Reseller. This SLA is applicable separately to each account.

Service Commitment

While the applicable service is in force between cloudIT and Customer or Partner or Reseller (herein referred to as “Customer”) for the Service, cloudIT will use commercially reasonable efforts to achieve a Monthly Uptime Percentage of at least 99.99% for the cloudIT Cloud Infrastructure for any calendar month. If cloudIT does not meet this SLA, and so long as your account with cloudIT is current and payment is not past due, you will be eligible to receive the below-referenced Service Credits.

Definitions

  • cloudIT Infrastructure: The systems resources (computer and storage) used to provide the Service.
  • Downtime: Defined as the time in which the Service Console has no external connectivity from outside the particular cloudIT data center that hosts that cloudIT Infrastructure, as verified by cloudIT.
  • Monthly Uptime Percentage: Calculated as the total number of minutes in the given month minus the number of minutes of Downtime, the balance is then divided by the total number of minutes in the given month.

Total number of minutes in given month – number of minutes of downtime

Total number of minutes in the given month

  • = Monthly Uptime Percentage

Service Credits

If cloudIT does not meet the SLA for a particular month for an account during the term set forth in the Order for Service, cloudIT will, at Customer’s request, provide the applicable credit (“Credit”) as outlined below:

Monthly Uptime Percentage
Less than 99.99% but equal to or greater than 99.0%
Less than 99.0%
Service Credit Percentage
10%
30%

SLA Service Credits will only be applied to future payments owed by Customer. SLA Service Credits will not give the right to the Customer to a refund or other payment, and Credit may not be transferred or applied to any other account.

Customer understands and accepts that Customer’s sole remedy, and cloudIT’s sole liability, with respect to cloudIT inability to meet any SLA, is limited to the Credits as described above. Customer explicitly disclaims any and all other remedies, whether in law or equity.

Credit Requests

To receive a Credit, a Customer is responsible for submitting a claim alleging cloudIT’s failure to achieve the SLA within 30 days of the last date of the reported Downtime. The claim must be made by logging into cloudIT website at www.cloudIT.com and creating a support case.

The case must include the following information:

  • 1. Customer Name.
  • 2. Customer Email Address (that cloudIT has on file).
  • 3. Customer Phone Number.
  • 4. Name of the Service and Cloud Instance in which the credit request relates.
  • 5. Specific Date(s) and Time(s) for each downtime claim.
  • 6. Any logs or records that validate the claimed outage.
  • 7. Additional applicable details.

Exclusions

The following items are not considered Downtime for the purpose of calculating Monthly Uptime Percentage:

  • This SLA does not begin until after the cloudIT Onboarding Process has been completed and the Customer has been turned over to the Support Operations Team.
  • The virtual machine must be powered up for the entire billing period or this SLA does not apply.
  • Downtime as a result of Service(s) suspended due to a violation of the cloudIT Universal Terms of Service.
  • Downtime caused by maintenance (including emergency maintenance) of the platform used to provide the Service which does not exceed the pre-determined unavailability window for such maintenance (cloudIT will endeavor to provide a minimum of seven (7) days’ advance notice of any planned Service-affecting maintenance).
  • Downtime caused by events outside the reasonable control of cloudIT or its subcontractor, including failure or unavailability of the Customer’s systems, the Internet, or any other service or third-party used by Customer to use, connect to, or access the Service.
  • Downtime that results from any actions or inaction by the Customer and/or third party software, equipment, or technology (other than third party software or equipment within cloudIT’s direct control).
  • Downtime that results from denial of service attacks, virus activity, hacking attempts, or any other circumstances beyond cloudIT’s control.
  • Downtime that results from acts, requests, or demands from law enforcement, any cause beyond cloudIT’s reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, terrorist attack, acts of God or the intervention of any government authority.

cloudIT may modify the Service (including modifications to the software and other elements of the cloudIT Cloud Infrastructure) at any time, without prior notice, provided the modification does not materially denigrate the functionality of the Service.

This service agreement is part of the cloudIT Universal Terms of Service.