CubeXS Weatherly (Pvt) Ltd. Cloud Servers SLA


CubeXS Weatherly (Pvt) Ltd. (hereinafter referred to as the "Operator" which expression shall unlessrepugnant to the context include its administrators, authorized representatives and permittedassigns)

Service Availability

  1. CubeXS Weatherly (Pvt) Ltd. (Operator) guarantees 99.95% up time for its services in a given calendar month excluding unavailability due to scheduled maintenance. This commitment is alsoapplicable in case a Cloud Server requires relocation
  2. Operator will not be responsible for any service failure or latency due to any violation of law, act or omission by Client including without limitation any negligence, willful misconduct or misuse of any service or equipment, which impairs Operator's ability to provide service.
  3. Operator or its supplier may plan a service outage to conduct necessary maintenance and upgrade its network. Such planned service outages will be communicated to Client at least fortyeight (48) hours before the maintenance activity via email.
  4. It is Client's responsibility to ensure that Operator has the correct and current list of nominated contacts and their contact details at all times. Operator shall not bear any liability in the event Client has not provided to Operator an updated list of contacts.
  5. In circumstances where an emergency service interruption is required, Operator reserves the right to undertake the service interruption without notice. In such cases Operator will use its best efforts to notify the End Client's prior to any service interruption. Notification via e-mail may be used in case of an emergency service interruption.
  6. In case there is non-scheduled outage, Operator will be required to provide a service credit/compensation to Client for the number of outage hours for that particular link. Theservice credit will be calculated as; monthly charges divided by 720 hours. Nocompensation shall be provided to Client by Operator if the outrages or interruptions aredue to local power failure, power fluctuations or surges or failure of Customer to complywith site environment requirements or Client applications/integration equipment or thesituation under Force Majeure. This SLA ceases to apply following the termination dateof this agreement.

Service Credit Calculation

The service credit applied will be calculated by multiplying a) your total charges for the current monthly billing period during which the downtime occurs in a given Region by b) the percentage credit you qualify for in the table below:

Monthly Availability %

Credit to Bill for CubeXS Weatherly (Pvt) Ltd. Cloud Services (Not Total Bill)

100% to 99.95%


<99.95% to 99.9%

10%

<99.9% to 99.5%

20%

<99.5% to 99.0%

30%

<99.0%

40%

Problem Identification and Resolution

CubeXS Weatherly guarantees the operation of all cloud server hosts including compute, storage, and hypervisor. We guaranty that restoration or repair of Cloud Server host fails will be completed within one hour of problem identification.

Relocation

If a Cloud Server relocation is required because of cloud server host degradation, CubeXS Weatherly will notify you at least a day before in advance of beginning the relocation, unless we determine in our reasonable finding, that we must begin the relocation sooner to protect your cloud server data. Either way, we guarantee that the relocation will be completed within three hours of the time that we begin the relocation

Password fortification

Password fortification is solely a customer's liability; CubeXS Weatherly will not be responsible in case of unauthorized use of password. CubeXS Weatherly reserves the right to destroy such type of servers after one day's warning; however the server will be disabled and will be inaccessible. CubeXS Weatherly will not be responsible of any Data Loss after destroying such servers.

Definitions:

For purposes of this Service Level Guarantee:

"Cloud Server Host" means the physical server which hosts your cloud server;

"Power" includes UPSs, PDUs and cabling, but does not include the power supplies in cloud server hosts;

"Scheduled Maintenance" means maintenance that is announced at least 48 hours in advance.

"Cloud Server" means your unique virtual machine instance;

"Cloud Server Fees" means the fees for your Cloud Servers for the billing period in which the failure occurred and includes monthly virtual machine instance and bandwidth charges;

"Data center network" means the portion of CubeXS Weatherly's network extending from the network egress point of your cloud server host to the outbound port of the data center border router;

"Monthly Availability %" is calculated per Region on a monthly basis, as 100% minus:

  1. Total instance-downtime-minutes, divided by
  2. Total instance-minutes

 

"Total instance-minutes" is defined as the aggregate amount of time all instances are running for a customer during a given month in a given Region.

"Total instance-downtime-minutes" is calculated as the sum of each instance's downtime minutes, during the course of a month.

For each instance, "downtime minutes" are accrued starting at the beginning of the first 6 minute interval during which the instance was inaccessible and the user was unable to launch a replacement instance in the same Region, and continue until the ability to launch a replacement instance is restored, including the time that would be required for a replacement instance to become accessible.

"Inaccessible" means that the operating system in the replacement instance could not respond to API or network requests, despite proper security group configuration, for 6 minutes or more.

"Accessible" means that the operating system in the replacement instance could respond to network requests.

"Unable to launch a replacement instance in the same Region" means that a request was sent to each CubeXS Weatherly Cloud API endpoint for that Region but no replacement instance actually started and became accessible.

Any Region in which a customer has no CubeXS Weatherly Cloud activity, defined as having 0 "total instance-minutes" on their bill in a given month, will be deemed to have had 100% availability for that customer for the given month.

To be eligible for a service credit a customer must be running or trying to run instances in more than one Availability Zone within a Region during the period of time when the customer's instances were inaccessible.

Limitations:

You are not entitled to a credit if downtime would not have occurred but for your breach of your Agreement with CubeXS Weatherly (Pvt) Ltd. or your misuse of Cloud Servers system. You are not entitled to a credit if you are in breach of your services agreement with CubeXS Weatherly (including your payment obligations to CubeXS Weatherly) until you have cured the breach.

You must contact your CubeXS Weatherly's Account Team via the "Contact Us" link on the www.cubexsweatherly.com Website within thirty (30) days following the end of the downtime to receive the credit. To be eligible to receive the credit, you must prove that your use of the Cloud Server was adversely affected in some way as a result of the downtime.

This Service Level Agreement does not apply to any downtime, suspension, or termination of any CubeXS Weatherly Services:

  • That result in account suspension or termination due to breach of the Terms of Agreement
  • between CubeXS Weatherly (Pvt) Ltd. and a Customer;
  • Caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CubeXS Weatherly controlled datacenters;
  • That result from any actions or inactions of you or any third party; or
  • That result from your equipment, software or other technology and/or third party equipment, software or other technology (other than those which are under our direct control).

Notwithstanding anything in this Service Level Guarantee to the contrary, the maximum totalcredit for the monthly billing period, including all guarantees, shall not exceed 100% of your feefor that billing period. Credits that would be available but for this limitation will not be carriedforward to future billing periods.

This Service Level Guarantee is your sole and exclusive remedy for Cloud Server unavailability.

This Service Level Guarantee is part of your Agreement with CubeXS Weatherly(Pvt) Ltd., along with CubeXS Weatherly's Cloud Terms of Service and the AUP, and is subject to the terms and conditions stated therein.

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