Oriental Cloud Inc. Service Level Agreement
During the Term in which Customer receives Services from Oriental Cloud, the Services will be operational and available to Customer at least 99% of the time in any calendar month (the “Service Levels”). If Oriental Cloud does not meet the Service Levels, and if Customer meets its obligations under this Agreement, Customer will be eligible to receive the Service Credits described below. This Agreement states Customer’s sole and exclusive remedy for any failure by Oriental Cloud to meet the Service Levels.
The following definitions shall apply to the Service Level Agreement:
- “Agreement” means this Service Level Agreement
- “Downtime” means, for a domain, if there is more than a ten percent user error rate. Downtime is measured based on server side error rate
- “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month
- “Scheduled Maintenance” means those times where Oriental Cloud notifies Customer of periods of expected Services disruptions at least 5 days prior to the commencement of such Services disruption
- “Services” means the Oriental Cloud SaaS application provided to Customer
- “Term” means the term during which Customer receives the Services from Oriental Cloud
- “Service Credit” means a number of free days of Services added to the end of the Customer’s then-current Term in accordance with the following table:
Customer Must Request Service Credit.
In order to receive any of the Service Credits described above, Customer must notify Oriental Cloud within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit.
The aggregate maximum number of Service Credits to be issued by Oriental Cloud to Customer for all Downtime that occurs in a single calendar month shall not exceed five days of Services added to the end of Customer’s Term. Service Credits may not be exchanged for or converted to monetary amounts.
Downtime that results from Scheduled Maintenance does not count against the Service Levels.
Downtime does not apply to any error rate that results from:
- Customer’s software or hardware;
- Customer’s cloud deployment performance;
- Customer’s unauthorized use of the Services;
- cloud provider service disruptions outside the control of Oriental Cloud; and
- problems outside of Oriental Cloud’s reasonable control.