Service Level Agreement

Service Commitment

KisoLabs is committed to providing services to its Customers at a standard of excellence commensurate with the best practice in the industry. Network uptime and service availability are of the highest importance. The following service levels are designed to assure Customers of ultimate performance and maximal uptime.

100% Service Uptime

KisoLabs guarantees that KisoLabs' services will be available 100% of the time, excluding Maintenance, as defined below. Customer is eligible for a credit for Service Downtime for any breach of this guarantee, which can be verified by KisoLabs’s technical support team. “Service Downtime” is defined as an inability to use any KisoLabs' service(s) caused by failure of network equipment managed and owned by KisoLabs, excluding Maintenance, but including servers, switches, routers, and cabling.

Maintenance

“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance in the KisoLabs datacenter(s) of which Customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the KisoLabs datacenter(s) that: (a) in KisoLabs’s sole discretion, is necessary to avoid an immediate threat to the KisoLabs datacenter or Customer’s server and (b) of which Customer is notified.

Remedies

In the event KisoLabs fails to meet its as outlined herein, and provided Customer follows the procedures outlined herein, KisoLabs will apply a credit (“Credit”) to Customer’s account in an amount equal to five percent (5%) of the Net MRC for the affected account for each hour of downtime or fraction thereof. “Net MRC” means the monthly recurring charge for the service(s) experiencing the issue excluding any add-on or optional services which are not included as part of the standard service but are included as part of such customer’s monthly recurring charge. The Credits described in this SLA will be Customer’s exclusive remedy and KisoLabs’s entire liability for any breach of any warranty of performance or service contained in this SLA. In order to claim Credits, Customer must open a KisoLabs trouble ticket. All downtimes will be measured from the time the ticket is received and validated by KisoLabs to the time KisoLabs, in its sole discretion is able to resolve the issue. Customer may not receive more than one Credit per affected service per incident and in no event will Customer receive greater than one month’s Net MRC in Credit for any given month regardless of the number of incidents. Customer must be a KisoLabs customer in good standing to receive the Credit. No Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Credit are met. Upon cancellation of the Customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.

Exceptions

Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) the result of scheduled network maintenance activity, (iii) Denial of Service attack, hacker activity, or other malicious event or code targeted against KisoLabs or a KisoLabs Customer, or (iv) failure of any Network or Internet Infrastructure not owned or managed by KisoLabs.