ServerPlus SLA

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ServerPlus is committed to providing services and support to its customers with the best practice in the industry. The following service levels and money-back guarantees are designed to assure ServerPlus customers of ultimate performance and maximal uptime. Hardware Replacement Guarantee ServerPlus guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer within 3 hours. This time frame is based on ServerPlus's receipt of customer's support ticket concerning the hardware issue, ServerPlus's identification of the failed hardware and the scheduled maintenance window confirmed with the customer. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to dedicated hardware during maintenance. Infrastructure Guarantee ServerPlus guarantees that the critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month excluding scheduled maintenance. Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and ServerPlus records such failure in the Online Customer Support System. Infrastructure downtime is measured from the time the customer opens a ticket regarding server downtime to the time the problem is resolved and the server is powered back on. 100% Network Uptime ServerPlus guarantees that the network will be available 100% of the time in a given month, excluding scheduled maintenance. Network Downtime is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by ServerPlus, excluding Maintenance. Network downtime is measured from the time the ticket is opened by a customer to the time the server is once again able to transmit and receive data. Remedies In the event ServerPlus fails to meet the Replacement Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, ServerPlus will apply credit of 5% of the Net MRC (maximum upto 50% of customer's monthly fees in a calender month) for the affected server for each hour of downtime or fraction thereof. "Net MRC" means the monthly recurring charge for hosting service for the server experiencing the issue excluding any software charges, add-on or optional services. In order to claim Credits, Customer must open a ServerPlus support ticket. All downtimes will be measured from the time the ticket is received and validated by ServerPlus to the time ServerPlus, in its sole discretion is able to resolve the issue. Customer must be a ServerPlus 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 (1) actions of the Customer or others authorized by Customer; (2) the failure of power, facilities, equipment, systems or connections not provided by ServerPlus; (3) the failure of Third Party Service to ServerPlus's network; (4) application, software, or operating system failure, (5) the result of network maintenance activity, (6) Denial of Service attack, hacker activity, or other malicious event or code targeted against ServerPlus or a ServerPlus Customer, or (7) failure of any Network or Internet Infrastructure not owned or managed by ServerPlus. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable. Maintenance "Maintenance" means Scheduled Maintenance or Emergency Maintenance. "Scheduled Maintenance" means any maintenance in the ServerPlus data center (a) of which the customer is notified at least 24 hours in advance, or (b) that is performed during standard maintenance windows. "Emergency Maintenance" means any maintenance in the ServerPlus data center that: (a) in ServerPlus's sole discretion, is necessary to avoid an immediate threat to the data center or Customer's server and (b) of which Customer is notified. Any Emergency Maintenance in excess of 2 hours per event will count as Network Downtime. This SLA and all Services are subject to the ServerPlus/IndiaLinks' Master Service Agreement & Terms of Service.

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