Service Level Agreement ("SLA") - F(x) Data Cloud


This F(x) Data Cloud Service Level Agreement(“SLA”) is a policy governing the use of F(x) Data Cloud Instance and F(x) Data Cloud Volume under the terms of the F(x) Data Cloud Customer Agreement(the “F(x) Data Cloud Agreement”) between F(x) Data Cloud,Inc. and its affiliates(“F(x) Data Cloud”, “us” or “we”) and users of F(x) Data Cloud (“you”).This SLA applies separately to each account using F(x) Data Cloud Instance or F(x) Data Cloud Volume.

Unless otherwise provided herein, this is subjected to the terms of the F(x) Data Cloud Agreement and capitalized terms will have the meaning specified in the F(x) Data Cloud Agreement. We reserve the rights to change the terms of the SLA in accordance with the F(x) Data Cloud Agreement.

Service Commitment

F(x) Data Cloud will use commercially reasonable efforts to make F(x) Data Cloud Instance and F(x) Data Cloud Volume each available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”).

In the event F(x) Data Cloud Instance and F(x) Data Cloud Volume does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definition:

  • “Monthly Uptime Percentage”

    • It calculated by subtracting from 100% the percentage of minutes during the month in which F(x) Data Cloud Instance or F(x) Data Cloud Volume, as applicable, was in the state of “Unavailable”. Monthly Uptime Percentage measurement exclude downtime resulting directly or indirectly from any F(x) Data Cloud SLA Exclusion (defined below).
  • “Unavailable” or “Unavailability”

    • For F(x) Data Cloud Instance, when your running instance have no external connectivity.
    • For F(x) Data Cloud Volume, when your attached volumes perform zero read write IO, with pending IO in the queue.
  • “Service Credit”

    • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for either F(x) Data Cloud Instance or F(x) Data Cloud Volume (whichever was Unavailable, or both if both were Unavailable) affected for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

Monthly Uptime Percentage

Service Credit Percentage


Less than 99.95% but equal to or greater than 99.0%
10%

Less than 99.0%
30%

We will apply any Service Credits only against future F(x) Data Cloud Instance or F(x) Data Cloud Volume payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from F(x) Data Cloud. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

Unless otherwise provided in the F(x) Data Cloud Agreement, your only solution for any unavailability, non-performance, or other failure by us to provide F(x) Data Cloud Instance or F(x) Data Cloud Volume is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the F(x) Data Cloud Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  • The words “SLA Credit Request” in the subject line.
  • The dates and times of each Unavailability incident that you are claiming.
  • The affected F(x) Data Cloud Instance IDs or the affected F(x) Data Cloud Volume IDs.
  • Your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

F(x) Data Cloud Instance SLA Exclusion

The Service Commitment does not apply to any unavailability, suspension or termination of F(x) Data Cloud Instance or F(x) Data Cloud Volume, or any other F(x) Data Cloud Instance or F(x) Data Cloud Volume performance issues:

  • That result from the violation described in the "Acceptable Use Policy - F(x) Data Cloud"
  • Caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of F(x) Data Cloud Instance or F(x) Data Cloud Volume.
  • That result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume.
  • That result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control).
  • That result from failures of individual instances or volumes not attributable to Unavailability.
  • That result from any maintenance as provided for pursuant to the F(x) Data Cloud Agreement.
  • Arising from our suspension and termination of your right to use F(x) Data Cloud Instance or F(x) Data Cloud Volume in accordance with the F(x) Data Cloud Agreement (collectively, the “F(x) Data Cloud Instance SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.