This Service Level Agreement (this “SLA”) governs the use of the Services under the terms of the Master Managed Services Agreement (the “Agreement”), between Client and Lightspeed Technologies Pte Ltd (“Lightspeed”, “we” or “us”) and is subject to all of the terms and conditions of the Agreement. Lightspeed may update, amend, modify or supplement this SLA from time to time. The terms and conditions of this SLA are applicable to the Managed Hosting service only, and “Service” or “Services” as used in this SLA refers only to the Managed Hosting service. Capitalized terms used herein but not otherwise defined will have their respective meanings set forth in the Agreement. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.
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Lightspeed will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed to by Client.
- “Data” means all data submitted by Client to Lightspeed in connection with the Services, including all content, material, IP and similar addresses, recordings, messages, and software.
- “Dedicated Hardware” means the processor(s), memory, storage and other hardware directly allocated to the Client in the Service.
- “Managed Hosting Fees” means the fees for the Dedicated Hardware for the calendar month in which the failure occurred.
- “Data Center Network” means the portion of the Lightspeed cloud network extending from the network egress point of Client’s Cloud Server Host to the outbound port of the data center border router.
- “Scheduled Maintenance” means maintenance of which we notify Client by email at least 10 business days in advance, and that does not exceed 60 minutes in any calendar month.
2. SERVICE AVAILABILITY
Lightspeed will use commercially reasonable efforts to provide the following Service Availability measured on a calendar-month basis (each, a “Goal”):
- Network Availability: 99.99%
2.1 “Service Availability” means:
- With respect to “Network Availability”, the Monthly Uptime Percentage excluding Scheduled Maintenance and Exclusions during any calendar month
- With respect to “Dedicated Hardware”, the functioning of all processor(s), memory, storage and other hardware that we specifically guaranty during any calendar month, as such Dedicated Hardware may be amended from time to time throughout the term of this SLA.
Loss of Service Availability caused by any of the following (each, an “Exclusion”) will be excluded from Service Availability calculations: (i) issues beyond Lightspeed’s reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet availability, Client’s portion of the network, IP transit provider issues, SYN attacks, and other similar events or any Force Majeure event, or (ii) other issues addressed in this SLA.
2.3. Availability Calculations
To calculate Service Availability, Lightspeed uses a combination of methods, including analyzing logs from both Lightspeed’s event monitoring system and the actual affected infrastructure components and matching these findings with client reports to determine the actual timeframe. Any loss of Service Availability less than five minutes in duration will not be included in the calculation of Service Availability.
3. SERVICE AVAILABILITY CREDIT
If Service Availability measured for any completed calendar month is below the Goal, Lightspeed will issue a credit (“Service Availability Credit”). We will verify Service Availability Credits for validity and they will be subject to the other conditions in this SLA. The Service Availability Credit will be calculated as follows:
|Service Availability||Amount of the refund as a percentage of monthly fee for affected Service|
|99.0% to 99.99%||5% of monthly fee credited|
|98.0% to 98.99%||10% of monthly fee credited|
|95.0% to 97.99%||15% of monthly fee credited|
|94.99% or below||2.5% credited for every 1% of lost availability up to the maximum total penalty limit|
3.1. Service Availability Credit Request and Payment Procedures
To request a Service Availability Credit, (a) Client must be in good standing with Lightspeed, (b) Client must open a technical support ticket by emailing firstname.lastname@example.org reporting an apparent Service interruption within 72 hours of the event, and (c) Client must send an email or written Service Availability Credit request to email@example.com in the calendar month immediately following the month for which Client is requesting a Service Availability Credit. Service Availability Credit requests must include Client’s name and Lightspeed account number and the dates and specific times for which Client is requesting Service Availability Credits.
Lightspeed will compare information provided by Client to the data referenced in Section 2.3 above. A Service Availability Credit will be issued only if Lightspeed confirms from such data that a Service Availability Credit is available. Lightspeed will calculate the Service Availability Credit based on the type of particular Service for which Service Availability did not meet the Goal, the fees for the particular Service and the percentage of overall individual Service affected.
The limits and sole remedies regarding Service Availability Credits total credits under this SLA are set forth in Section 3.
3.2. Limits On Service Availability Credit & Sole And Exclusive Remedies
The total Service Availability Credit due to Client for any Cloud Server affected may not exceed 50% of the monthly fees charged for use of any Cloud Server during the month for which the Service Availability Credit is to be issued. Only one Service Availability Credit is available in any given calendar month.
Notwithstanding anything set forth in the Agreement or this SLA, the Service Availability Credit described in this Section 3 is Client’s sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Lightspeed of the Agreement or this SLA.
Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.
4. TECHNICAL SUPPORT
Lightspeed will use commercially reasonable efforts to assist Client, through Client’s authorized contacts, with setting up and configuring Services, having access to the Services and other issues related to the Services. We may rely on contacts authorized by Client in writing in providing information changes or technical support pursuant to the Agreement and are not required to respond to requests from others. For more information, visit the technical support page of Lightspeed’s website. Lightspeed’s technical support response time depends on the complexity of the inquiry and support request volume.
5.1 Account Management Tools
Through Client authorized contacts, Client may manage Client’s Service with Lightspeed’s online management tools. Lightspeed will not be required to perform for Client any task that can be done through the control panels.
5.2 Custom Configuration
Requests for modification to the standard configuration of the Services will be considered on a case-by-case basis. Approval of such modifications will be at Lightspeed’s sole discretion. Lightspeed does not guarantee any particular result from non-standard configurations nor can it be held liable in any way for Service performance changes or failures which result from non-standard configurations.
5.3 Additional Services
For tasks that cannot be performed through the online management tools, Client may request that Lightspeed perform professional services on a time and materials basis. The request must include a detailed description of work and the authorized amount of time, in half hour increments, to perform the work. Lightspeed may evaluate and revise the request (including the estimated number of hours to perform the work) and reserves the right, in its sole discretion, to decline any request. Any additional services will be performed at Lightspeed’s standard published rates, provided that any emergency services that require commencement within 24 hours will be charged at 1.5x Lightspeed’s standard published rate. Lightspeed will use commercially reasonable efforts to perform requested additional services. However, it does not guarantee any particular result from performance of additional services or make any representations or warranties regarding such additional services nor can it be held liable in any way (including for any credits) for Service performance changes or failures which result from performing tasks requested by Client. Lightspeed may require a separate agreement for any of these additional services.
6.1 Scheduled Maintenance
In order to maintain performance, Lightspeed performs Scheduled Maintenance within its published maintenance windows. This may require that specific Services be suspended during the maintenance period. Loss of Service Availability due to Scheduled Maintenance is not deducted in calculating Service Availability. Lightspeed will use commercially reasonable efforts to notify Client in advance of any Scheduled Maintenance that may adversely affect Client’s use of the Services.
6.2 Emergency Maintenance
Lightspeed may need to perform emergency maintenance, including security patch installation and hardware replacement. Lightspeed will not be able to provide Client with advanced notice of emergency maintenance. Loss of Service Availability due to emergency maintenance is not deducted in calculating Service Availability.
7. STORAGE CAPACITY; DATA TRANSFER; SERVER RESOURCES
Each Managed Hosting is allotted dedicated storage capacity according to the Services and related options purchased by Client. This storage size can be increased through the online management tools for no additional charge but only up to the maximum amount allowed for the Services and related options. The Dedicated Hardware may stop accepting, processing or delivering Data when the purchased limit is reached causing a loss of Service Availability or Data loss. Lightspeed will not be responsible for such loss of Service Availability or Data losses, and such loss of Service Availability is not deducted in calculating Service Availability.
8. CERTAIN LIMITATIONS
8.1 Anti-Virus Checking
Lightspeed does not provide anti-virus checking on any Dedicated Hardware started and configured by Lightspeed or the end users. Lightspeed is solely responsible for protecting all the self-configured servers and users that interact with the servers.
8.2 DATA RETENTION
Backups for Dedicated Hardware are available if additional back-up services were purchased.
Lightspeed will not be responsible for retaining any of Client’s Data after termination of Services. Client’s Data may be deleted promptly after Client’s Service is terminated and from backups during scheduled backup rotation.
Lightspeed will not restore, provide on any storage media or send out any Data pertaining to terminated Services, unless specifically noted in a customized service agreement.
It is Client’s responsibility to back-up and migrate Client’s Data prior to termination of Client’s Service or any other action that can lead to deletion of any of Client’s Data from the Services.
Lightspeed does not guarantee compatibility of the Services with any specific customer configuration of hardware or software. Client is encouraged to discuss any technical and compatibility issues with our technical support personnel.