Service Level Agreement

Server Hardware/ Network Equipment
Service Level Agreement

This Exabytes Enterprise Server Hardware or Network Equipment Service Level Agreement (this “SLA”) applies to all Services You have purchased in a service agreement (the “Agreement”) with Exabytes Enterprise Sdn. Bhd. (Company No.: 200001017062 [519669-U]) and/ or its affiliates (“We”, “Our” or “Us”).

I. Service Level

(a) We agree to use commercially reasonable effort to make available Our server hardware or Our network equipment with a Monthly Uptime Percentage of at least 99.9% in each calendar month (“Service Level”) in accordance with this SLA.

“Monthly Uptime Percentage” is calculated based in accordance with the following formula: 100% minus percentage of minutes in which Our server hardware or Our network equipment is Unavailable during a calendar month.

“Unavailable” or “Unavailability” is calculated as total accumulated minutes within a calendar month where Our server hardware or network equipment is entirely unavailable i.e. Your computer is unable to ping Our server hardware or network equipment and Our server hardware or network equipment is unable to ping Your computer.

“Ping” is defined as a basic Internet program that allows a user to verify that a particular internet protocol (IP) address exists and can accept requests. Ping works by sending an Internet Control Message Protocol (ICMP) Echo Request to a specified interface on the network and waiting for a reply.

(b) The Service Level is not met if the Monthly Uptime Percentage of Our server hardware or Our network equipment is less than the Service Level or if Our server hardware or Our network equipment is Unavailable for more than 0.01% of the time in any calendar month.

(c) If the Service Level is not met and You are in compliant with the Agreement, You will be eligible to claim for SLA Credits once a calendar month only in accordance with Part II of this SLA subject to Part III of this SLA.

II. SLA Credits

(a) The SLA Credits are in the form of Ringgit Malaysia credits and computed in accordance with the following formula:

(b) Any approved SLA Credits are Your sole and exclusive remedy for Our performance of any Services under the Agreement. You will not be entitled to a refund or any other payment from Us for Our failure to meet the Service Level.

(c) Any approved SLA Credits cannot be applied to services You have purchased or will purchase under another service agreement with Exabytes Enterprise.

III. Exceptions to Service Level

(a) The Service Level is not applicable to Unavailability or any Services performance issues or Services failure resulting from or caused by:

1. Circumstances outside Our reasonable control, including but not limited to, any force majeure event, internet access outage, virus attack, hacking, domain name server (“DNS”) issues, network or device failure external to Our data center (including at Your site or between Your site and Our data center), inability to obtain supplies or power used in or equipment needed for provision of this SLA.
2. Our or third party scheduled maintenance, emergency maintenance, upgrades or system enhancement.
3. Third party equipment/hardware, software, other technology, or services including but not limited to, inadequate bandwidth.
4. Any actions or inactions of You, any third party or Your representative, employee or agent.
5. Your equipment or hardware, software, telecommunication, or other technology.
6. Your Content.
7. Your use of the Services in violation of the Agreement.
8. Your failure to comply with Our instruction in using the Services.
9. Our suspension or termination of Your right to use the Services in accordance with the Agreement.
10. False Service Level breach reported as a result of outages or errors of any Our measurement system.
11. Any software malfunction, runtime error or system bugs.
12. Failure of access circuits to Our network where such failure is not solely caused by Us.
13. File Transfer Protocol (FTP), Post Office Protocol (POP), Internet Message Access Protocol (IMAP), or Simple Mail Transfer Protocol (SMTP) customer access.
14. Email or webmail delivery and transmission.
15. DNS propagation.
16. Browser or DNS caching that may make Your site appears inaccessible when others can still access it.

IV. Claims Procedure

(a) In order for Us to consider a claim for SLA Credits, You must submit the following information to Exabytes Enterprise at [email protected] within thirty (30) days from the ending of any Unavailability:

• Your contract number, server name, IP address.
• Your primary contract details.
• Unavailability commencement date and time.
• Unavailability end date and time.

Your failure to submit that claim for SLA Credits in accordance with the above requirement may disqualify You from receiving SLA Credits.

(b) We will review all claim information made available to Us and determine whether You are entitled to SLA Credits under this SLA. If We approve Your claim for SLA Credits pursuant to this SLA, We will apply the SLA Credits against future service fee due and payable by You to Us and We will forfeit the SLA Credits upon termination of the Agreement.

V. Modification

We reserve the right to modify or revise this SLA at any time. You will be notified prior to any modification or revision to this SLA.