Service Level Agreement

The CloudX ME Storage Service Level Agreement (“SLA”) is a policy governing the use of CloudX ME, a company of Systrix IT Solution LLC. This SLA applies separately to each account using CloudX ME. Unless otherwise provided herein, this SLA is subject to the terms in the Terms & Conditions page and capitalized terms will have the meaning specified in those Terms & Conditions. We reserve the right to change the terms of this SLA in accordance with the Terms & Conditions.

Service Commitment

CloudX ME will use commercially reasonable efforts to make CloudX ME Storage available with the applicable Monthly Uptime Percentage (as defined below) during any monthly billing cycle (the “Service Commitment”). In the event CloudX ME does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • “Error Rate” means: (i) the total number of internal server errors returned by CloudX ME as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that five minute period. We will calculate the Error Rate for each CloudX ME account as a percentage for each five minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the CloudX ME SLA Exclusions (as defined below).
  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle.
  • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible CloudX ME account.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for CloudX ME for the billing cycle in which the error occurred in accordance with the schedule below.

For all requests not otherwise specified below:

Monthly Uptime Percentage Service Credit Percentage
Equal to or greater than 95.0% but less than 99.9% 10%
Less than 95.0% 25%

We will apply any Service Credits only against future CloudX ME 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 error occurred. Service Credits will not entitle you to any refund or other payment from CloudX ME. 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 Terms & Conditions, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide CloudX ME 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 to support@cloudxme.com. 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:

  1. the words “SLA Credit Request” in the subject line;
  2. the dates and times of each incident of non-zero Error Rates that you are claiming; and
  3. 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 applicable to the month of such request is confirmed by us and is less than the applicable 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.

CloudX ME SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of CloudX ME, or any other CloudX ME performance issues: (i) that result from a suspension described in Terms & Conditions; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CloudX ME or its partners; (iii) that result from any actions or inactions of you or any third party; (iv) 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); v) that result from CloudX ME scheduled maintenance activities; or (vi) arising from our suspension and termination of your right to use CloudX ME in accordance with the Terms & Conditions (collectively, the “CloudX ME SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.