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LEGAL

SERVICE LEVEL AGREEMENT

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This Service Level Agreement (the “SLA”) applies to and is a legally binding agreement between DedicatedServers.pk a project of (“Cloud Servers Private Limited”) and the Customer. Both parties have contemporaneously entered into a legally binding Terms of Service Agreement (the “Terms of Service”).

The SLA, the Terms of Service, and the Order, form an agreement (“Agreement”) between Cloud Servers Private Limited and the Customer and relates to Cloud Servers Private Limited’s business being run in the name and style of, DedicatedServers.PK which essentially provides cloud computing services (“DedicatedServers.PK”). This Agreement is effective from the moment:

  • the Customer indicates agreement on the DedicatedServers.PK Website by clicking “I agree” or “Submit”, or
  • The two parties sign a written Agreement in person (whichever comes first).

To avoid any ambiguities, this SLA excludes Cloud Servers Private Limited’s GPON, MPLS, IP and other connectivity services as such services are covered under separate SLAs between the Customer and Cloud Servers Private Limited. This SLA only covers the Services provided to the Customer by Cloud Servers Private Limited.

DEFINITIONS

In this SLA, unless there is something inconsistent to the subject or context, the following words and expressions shall have the meaning respectively assigned to them as follows:

  • Service Downtime Credit

“Service Downtime Credit” means the credit provided by DedicatedServers.PK to Customer in relation to an Unavailable Service.

  • Unavailable Service

“Unavailable Service” means that Customer is unable to access its subscribed resources running on the Services platform due to failure of a critical component of the Service (including virtual server, server instance, firewall, load balancer, switch, storage platform, and connectivity to Cloud Servers Private Limited Network services (i.e. internet and MPLS) from the Service platform); and “Unavailability” means accordingly.

 

  • Uptime Target

“Uptime Target” means the target time for Cloud Servers Private Limited’s Services to be available after taking into account the impact of exclusions mentioned in Clause 4 of this document.

Capitalized words and expressions used in this SLA, and not defined herein, shall have the meanings respectively assigned to them in the Terms of Service.

SERVICE UPTIME TARGET

The Service is provided with an Uptime Target of 99.9% for each calendar month. This means that if the Services are down for more than forty three (43) minutes during a calendar month, the Customer will be entitled to Service Downtime Credit. Customer will only be entitled to Service Downtime Credit for such portion of the Service that is affected.

SERVICE DOWNTIME CREDIT

Service Downtime Credit shall be allowed to the Customer as per the following table:

Service Downtime Duration

(Minutes per Calendar Month)

 Service Downtime Credit
Less than 15 minutes 12 hours
16-59 minutes 24 hours
60-119 minutes 48 hours
120-419 minutes 120 hours
1000+ minutes 672 Hours (1 Month)
  • If the total down time of service will be less than 43 minutes in any calendar month no credit will be provided.

EXCLUSIONS

Following events shall be excluded from any Unavailable Service calculations;

  • Scheduled maintenance activities which have been announced in advance minimum.
  • Force Majeure events.
  • Unavailability of DedicatedServers.pk Website.
  • Acts or omissions of Cloud Servers Private Limited’s upstream providers or failures of the Internet or IP providers.
  • Failures or malfunctions in Customer’s software, hardware or technology.
  • Unavailability due to acts or omissions of the Customer or End Users.
  • If the Customer is in breach of any of Cloud Servers Private Limited’s policies or the Terms of Service. This shall include, but not be limited to, the Customer’s payment obligations against using the Services.
  • Law enforcement activities.
  • Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses, hacking or spamming attacks.
  • Hardware or software failures.
  • Natural disasters.
  • Reboots or recovery tasks.

SERVICE DOWNTIME CREDIT REQUEST PROCEDURE

For DedicatedServers.PK to process a Customer’s request for Service Downtime Credit, the Customer should send the request in writing within thirty (30) days of the event giving rise to the Service Downtime Credit. The written request must include the following:

  • Description of the Unavailable Service, including date, time and duration.
  • Documentation of proof of the Unavailable Service i.e. monitoring or system logs.

Cloud Servers Private Limited will be the sole arbiter regarding the award of Service Downtime Credit and Cloud Servers Private Limited’s decision will be final and binding. The award of Service Downtime Credit as described in this SLA will be the sole and exclusive remedy for Unavailability of stored data or virtual servers or loss of stored data. Service Downtime Credit will only be provided against future Services and for the avoidance of doubt may not be exchanged for cash or other forms of payment.

ENTIRE UNDERSTANDING

This SLA, the Terms of Service, and any applicable Order(s) constitute the entire understanding of the parties related to the subject matter hereof.  All prior written or oral agreements, understandings, communications or practices between Customer and Cloud Servers Private Limited, are hereby superseded and withdrawn and shall have no legal effect insofar as they relate to the service levels hereunder.   In the event of any conflict between the documents comprising the Agreement, precedence shall be given to the documents in the following order:

  • The Order;
  • This SLA; and
  • Terms of Service.