FlexCloud SLA

Last updated: January 19, 2016

FlexCloud Hosting Service Level Agreement

Definitions

“Day Credit” means a credit equal to one-thirtieth (1/30) of the monthly recurring Service Fees, or applicable usage rate, paid to Hostway by Client (if Client is on an annual or quarterly Billing Cycle, then the credit will be calculated by dividing the Service Fees, or applicable usage rate, by 360 for annual or 90 for quarterly).

“FlexCloud Server” means the public and/or private cloud space on Hostway’s FlexCloud infrastructure allocated and licensed to Client by Hostway as further specified in this SOW.

“Infrastructure” means Hostway Systems critical to Hostway’s data center, including heating, ventilation, and air-conditioning (collectively HVAC), uninterruptable power supply (UPS), and other power and HVAC infrastructure equipment and cabling, but does not include power supplies of individual servers.

“Infrastructure Issue” means the non-functioning, in Hostway’s reasonable determination, of the Infrastructure in whole or in part.

“Network” means the combination of Hostway’s routers, switches, backbone connections, and cabling, but does not include services or software running on the servers (which may affect the performance or availability of the Network).

“Network Issue” means an issue with the Network resulting in Client being unable to transmit to and receive data from the FlexCloud Server.

“Operational” means the applicable FlexCloud Server responds to a ‘ping-test’ initiated by Hostway.

FlexCloudTM Service Level

Hostway’s FlexCloud infrastructure incorporates high availability features including automated failover of instances, fully redundant hosting (via our Infrastructure, Network, and storage hardware), and enterprise class storage area networks to increase performance and reliability. Hostway deploys, operates and maintains cloud computing infrastructure and our services include the provisioning capacity on this cloud infrastructure.

Each individual FlexCloud Server will deliver 100% uptime (excluding scheduled or emergency maintenance) within the Hostway network subject to the terms of this SLA. Only problems known to Hostway in the hardware and hypervisor layers that deliver the FlexCloud Servers are considered failures or “downtime” under this SLA. Client may receive an additional Day Credit for each 1-hour period that the FlexCloud Server experiences downtime, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Infrastructure Service Level

Hostway’s critical systems, including power and HVAC, will be available 100% of the time (excluding scheduled or emergency maintenance) in a given calendar month. Should an Infrastructure Issue occur, Client may request and Hostway will issue to Client a Day Credit for each hour of such downtime. Critical systems downtime exists if the FlexCloud Server is shut down due to power or heat problems and a ticket is opened for the issue in the Hostway ticket tracking system. An Infrastructure Issue is measured from the time the ticket is opened to the time that Hostway records the problem as resolved. Client may receive an additional Day Credit provided for each additional 1-hour period that the FlexCloud Server is not Operational due to an Infrastructure Issue, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Network Service Level

The Network will be available to Client free of Network Issues 100% of the time, except for scheduled or emergency maintenance, in a given calendar month. Upon Client’s written request and subject to the exceptions herein, Hostway will issue the Client Account a Day Credit for each hour of Network Issue. The duration of a Network Issue is measured from the time Hostway receives notice of the Network Issue from Client through Hostway’s trouble ticket to the time the Managed Server is able to transmit and receive data. Client may receive an additional Day Credit for each additional 1-hour period of Network Issue, except for scheduled or emergency maintenance, subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.

Maintenance Window

Weekly scheduled maintenance windows will occur from Monday at 11:30pm Central Time to Tuesday at 2:30am Central Time. At least 7 calendar days in advance, Hostway will notify Client of any planned downtime resulting from a scheduled maintenance. If there is a planned downtime resulting from an unscheduled maintenance, Hostway will make a good faith effort to notify Client in advance to come to an agreement on a time for such maintenance. Hostway may, at its sole commercially reasonable discretion, conduct an emergency maintenance window, at any time and without prior notice to Client, during which any or all Enterprise Services may be unavailable. Downtime during scheduled or emergency maintenance is not subject to Day Credits.

SLA Exceptions

Client will not receive any Day Credit if Client is in violation of the MSA or for Infrastructure Issues or Network Issues resulting from, or in connection with, any of the following: (a) Scheduled or emergency maintenance; (b) Force Majeure; (c) Unavailability of, or interruption or delay in, Client’s third party products or services (including software and telecommunications) or Client’s own products or services; (d) Failures occurring beyond the Network, whether in whole or in part; (e) Client’s acts or omissions (or acts or omissions of third parties, including Client’s resellers, customers, End Users, or vendors), including negligence and misconduct; (f) Client’s request to re-install any operating system other than the currently supported version; and (g) Client’s violation of the MSA, including failure to timely pay Service Fees as they become due.

Day Credit Process

To apply for a Day Credit, Client must email support@hostwaycloud.com within 3 business days of Hostway’s failure to meet this SLA and Client must include the server name, Client ID, date, and time for each such failure. Client acknowledges that incomplete Day Credit requests may be refused by Hostway. Hostway will not issue Day Credits as a refund. Day Credits will be applied on the Client Account toward future Service Fees payable and is subject to an aggregate maximum of 30 Day Credits in a given month regardless of type of issue.