CubeXS Weatherly (Pvt) Ltd. Block Storage SLA


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

Service Commitment

  1. CubeXS Weatherly, (Pvt) Ltd. guarantees 99.95% up time for its services excluding unavailability due to scheduled maintenance.
  2. CubeXS Weatherly 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. CubeXS Weatherly or its supplier may plan a service outage to conduct necessary maintenance and upgrade to its network. Such planned service outages will be communicated to Client at least forty eight (48) hours before the maintenance activity via email.
  4. 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.
  5. 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.
  6. In case there is non-scheduled outage, CubeXS Weatherly will provide a Service credit/compensation to Client for the number of outage hours for that particular link. The rebate will be calculated as; monthly charges divided by 720 hours. No rebates shall be provided to Client by Operator if the outrages or interruptions are due to local power failure, power fluctuations or surges or failure of Customer to comply with site environment requirements or Client applications/integration equipment or the situation under Force Majeure. This SLA ceases to apply following the termination date of this agreement.

Service Credit Calculation

The service credit applied will be calculated by multiplying a) your total charges for CubeXS WeatherlyBlock Storage 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. Block Storage 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%

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 service credit.

Definitions:

"Cloud Storage Service" means the web service interfaces and related back-end systems, Cloud Storage verification Service, Storage System;

"Content Delivery Network" means the global mesh of servers designed to accelerate the delivery of web content by serving the content from a location in geographic closeness to the user;

"Scheduled Maintenance" means maintenance that does not go beyond sixty minutes in any calendar month including maintenance that is announced at least ten business days in advance;

"CubeXS Weatherly Network" means the portion of CubeXS Weatherly's network that extends from the outbound port on CubeXS Weatherly Cloud edge device to the outbound port on the datacenter border router;

Unavailability

Unavailability means:

Cloud network is down, or Unavailability due to scheduled maintenance. Please note that Unavailability on account of scheduled maintenance is excluded from these conditions and thus does not qualify for Service Credit Calculation due to Unavailability.

Limitations

You are not entitled to a credit if the unavailability has occurred due to customer misuse of CubeXS Weatherly's system, or breach of agreement with CubeXS Weatherly. You are not entitled to a credit if you are in violation of your services agreement with CubeXS Weatherly (including your payment obligations to us) until you have resolved the violation.

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

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.