Service Level Agreement (SLA) and Service Level Objectives (SLO)

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1 Service Level Agreement (SLA) and Service Level Objectives (SLO) Ver 1.4

2 Table of Contents 1. Overview Definitions Credit Standards Datacenter Infrastructure Hypervisor Cloud Storage Primary Storage 99.99% Uptime Secondary Storage 99.9% Uptime Management Storage 99.9% Uptime Edge Protection Network Services Private Networks 99.99% Uptime Public Networks 99.99% Uptime Management Networks 99.9% Uptime Non-Credit Standards Support Services Support Team Service Level Objectives Sales Presales Accounting Team Service Level Objectives Credit Requests General SLA Exclusions Credit Requirements Credit Limitations Terms of Service / Terms and Conditions... 16

3 Service Level Agreement The following presents Nuvolat Services Inc. Doing Business As HCSquare - ( Nuvolat") standard Service Level Agreement ( SLA ) applicable to the sale of its products and services ( Products and Services ). When used in this Service Level Agreement, You and Your refer to the individual entering into an agreement arranging the sale and use of the Nuvolat Products and Services (when entering into this agreement on behalf of yourself) or the entity entering into an agreement arranging the sale and use of the Nuvolat Products and Services (when entering into this agreement as an authorized representative on behalf of such entity). 1. Overview. The purpose of this Service Level Agreement is to set forth the service levels at which Nuvolat is to provide certain Services to You. You agree that the remedies set out herein are the sole and exclusive remedy for Nuvolat s failure to meet a Service Level Guarantee. This Service Level Agreement applies only when Your account is in good standing. This SLA lists certain Nuvolat standards for provision of the Services, and it offers customer promised Service Credit (as defined below) for any failure to meet those standards. This SLA also lists several non- credit service standards standards of quality Nuvolat strives to meet, even though they re not guaranteed or subject to credits, and even though customer might not notice any failure to meet some of them. These non-credit standards are listed alongside the credit standards below, for informational purposes only, to provide a sense of Nuvolat s commitment to excellence. (Each listing of a standard below states whether it s a credit standard or a non-credit one.) 2. Definitions. Service Level Agreement or SLA means, with respect to a specific Service, a level of performance at which Nuvolat is contractually obligated to deliver the Service to you and which, depending on the specific Service ordered, is established with reference to one or more of the following metrics: 3. Credit Standards Datacenter Infrastructure Hypervisor Cloud Storage Edge Protection Network Services

4 3.1 Datacenter SLA for Datacenter Uptime is 99.99%. This SLA applies to the availability of the datacenter facility that includes redundant power to racks, redundant cooling, hosting and physical security of facility. Any Service interruption that results from unavailability of any of these which may lead to downtime that lasts 4 minutes 23.0 seconds in any calendar month is a Datacenter Event constituting a failure to achieve this Datacenter SLA. Downtime due to unavailability of component Power failure at datacenter, overheating, security breach etc. Downtime due to performance issue Insufficient power / drop in power specs for cabinets A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime, with a maximum credit of up to 30% of the monthly fee for the total downtime A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime due to unavailability of data center because of a performance issue, with a maximum credit of up to 30% of the monthly fee for the total downtime 3.2 Infrastructure SLA for Infrastructure Uptime is 99.99%. This SLA applies to the availability of the infrastructure that includes compute hosts, storage cluster nodes, networking gears, and edge / border protection devices. Any Service interruption that results from unavailability of any of these which may lead to downtime that lasts 4 minutes 23.0 seconds in any calendar month is a Infrastructure Event constituting a failure to achieve this Infrastructure SLA. Downtime due to unavailability of component compute hosts, storage cluster nodes, networking gears, and edge / border protection devices Downtime due to performance issue compute hosts, storage cluster nodes, networking gears, and edge / border protection devices A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime, with a maximum credit of up to 30% of the monthly fee for the total downtime A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime due to unavailability of Infrastructure because of a performance issue, with a maximum credit of up to 30% of the monthly fee for the total downtime 3.3 Hypervisor SLA for Hypervisor Uptime is 99.99%. This SLA applies to the availability of the actual hypervisor deployed on compute nodes / hosts. You remain solely responsible for virtual machine OS (Guest OS) and all applications running inside virtual machine. Any Service interruption that results from a hypervisor on compute nodes downtime and lasts 4 minutes 23.0 seconds in any calendar month is a Hypervisor Event' constituting a failure to achieve this Hypervisor SLA.

5 Downtime due to unavailability of component Vmware vsphere Hypervisor down Downtime due to performance issue Performance issue on Vmware vsphere hypervisor host A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime, with a maximum credit of up to 30% of the monthly fee for the total downtime A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime due to unavailability of the hypervisor because of a performance issue, with a maximum credit of up to 30% of the monthly fee for the total downtime 3.4 Cloud Storage Primary Storage 99.99% Uptime This SLA applies to the availability of primary storage / primary datastores used for production virtual machine deployment. Any Service interruption that results from unavailability or performance issue of primary storage which may lead to downtime of Services that lasts 4 minutes 23.0 seconds in any calendar month is a Primary Cloud Storage Event constituting a failure to achieve this Storage SLA. Downtime due to unavailability of component Unavailability of primary datastore for specified duration Downtime due to performance issue Performance issue / latency that may lead to unavailability of primary datastore. Latency to the cloud storage mount point IP address > 20ms A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime, with a maximum credit of up to 30% of the monthly fee for the total Downtime A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime due to unavailability of primary storage because of a performance issue, with a maximum credit of up to 30% of the monthly fee for the total downtime Exclusions: Does not constitute single spike which is lasted for less than 4 minutes 23 seconds in calendar month. Does not constitute multiple spikes of smaller durations that accumulate to total duration of 4 minutes 23 seconds in calendar month. Does not cover any type of vdisk / VM / virtual appliance / virtual firewall configuration / application deployment which is not as per recommended guideline from Nuvolat and therefore leading to performance / latency / unavailability issues Secondary Storage 99.9% Uptime This SLA applies to the availability of secondary storage / secondary datastores used for backup and replication only. Be informed that secondary storage is not SSD optimized and therefore does not fall into same SLA metric as primary storage. Any Service interruption that results from unavailability or performance issue of secondary storage which may lead to downtime of Services that lasts 43 minutes 49.7 seconds in any calendar month is a Secondary Cloud Storage Event constituting a failure to achieve this Storage SLA.

6 Downtime due to unavailability of component Unavailability of secondary datastore for specified duration Downtime due to performance issue Performance issue / latency that may lead to unavailability of secondary datastore. Latency to the cloud storage mount point IP address > 80ms A credit of 10% of the monthly fee for each 43 minutes and 49.7 seconds of downtime, with a maximum credit of up to 30% of the monthly fee for the total downtime A credit of 10% of the monthly fee for each 43 minutes and 49.7 seconds of downtime due to unavailability of secondary storage because of a performance issue, with a maximum credit of up to 30% of the monthly fee for the total downtime Exclusions: Does not constitute single spike which is lasted for less than 43 minutes 49.7 seconds in calendar month. Does not constitute multiple spikes of smaller durations that accumulate to total duration of 43 minutes 49.7 seconds in calendar month. Does not cover any type of vdisk / VM / virtual appliance / virtual firewall configuration / application deployment which is not as per recommended guideline from Nuvolat (HCC) and therefore leading to performance / latency / unavailability issues Management Storage 99.9% Uptime This SLA applies to the availability of Management storage / Management datastores used for management appliance only that is vcener, management firewall etc. Be informed that management storage does not comes from primary storage vpools and therefore does not fall into same SLA metric as primary storage. Any Service interruption that results from unavailability or performance issue of management storage which may lead to downtime of management services that lasts 43 minutes 49.7 seconds in any calendar month is a Management Cloud Storage Event constituting a failure to achieve this Storage SLA. Downtime due to unavailability of component Unavailability of management datastore for specified duration Downtime due to performance issue Performance issue / latency that may lead to unavailability of management datastore. Latency to the cloud storage mount point IP address > 80ms A credit of 10% of the monthly fee for each 43 minutes and 49.7 seconds of downtime. A credit of up to 30% of the monthly fee for the total downtime A credit of 10% of the monthly fee for each 43 minutes and 49.7 seconds of downtime due to unavailability of management storage because of performance issue. A credit of up to 30% of the monthly fee for the total downtime

7 Exclusions: Does not constitute single spike which is lasted for less than 43 minutes 49.7 seconds in calendar month. Does not constitute multiple spikes of smaller durations that accumulate to total duration of 43 minutes 49.7 seconds in calendar month. Does not cover any type of vdisk / VM / virtual appliance / virtual firewall configuration / application deployment which is not as per recommended guideline from Nuvolat (HCC) and therefore leading to performance / latency / unavailability issues. 3.5 Edge Protection SLA for Edge Circuit Uptime is 99.99%. This SLA applies to the availability of edge circuit which includes (third party) hosted IDS and IPS services. The SLA only applies to availability of these circuits and their ability to detect and mitigate the attacks. The specified IDS and IPS services does not provide any type of prevention from intrusion, You may deploy Your choice of virtual appliances for additional security. Any Service interruption that results from unavailability of any of these which may lead to downtime that lasts 4 minutes 23.0 seconds in any calendar month is a Edge Circuit Event constituting a failure to achieve this Edge Circuit SLA. Downtime due to unavailability of component Unavailability of Edge Protection Circuit Downtime due to performance issue Performance issue in scrubbing center A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime. A credit of up to 30% of the monthly fee for the total downtime A credit of 10% of the monthly fee for each 4 minutes and 23 seconds of downtime due to unavailability of scrubbing center because of performance issue. A credit of up to 30% of the monthly fee for the total downtime Exclusions: Does not constitute single event which is lasted for less than 4 minutes 23 seconds in calendar month. Does not constitute multiple events of smaller durations that accumulate to total duration of 4 minutes 23 seconds in calendar month. Does not include cutover time from Voxility to Nuvolat circuits, in case of external scrubbing centers (Voxility) are down due to outage. This SLA does not cover outage due to denial of service attack on customer s workload / customer s firewall but rather assures the ability to detect those and mitigate them by offloading data floods to offsite locations of our IDS providers.

8 3.6 Network Services SLA for Network Uptime is 99.99%. This SLA applies to the availability of network services which includes private and public network. Any Service interruption that results from unavailability of any of these which may lead to downtime that lasts 4 minutes 23.0 seconds in any calendar month is a Network Services Event constituting a failure to achieve this Network Services SLA. Network Performance Definitions Jitter means variation in Latency. Latency refers to the amount of time it takes for a packet of data to travel from one point to another. Maximum Jitter is defined as the highest permissible level of jitter within a given period when there is no Network Outage. Network Outage is defined as an unscheduled period during which IP services are not useable due to capacity-constraints on the Nuvolat s network, or a hardware or software failure on the Nuvolat s network. Packet Loss is defined as Latency in excess of 10 seconds. All Jitter, Latency, and Packet Loss metrics outlined below are monthly averages, unless otherwise noted in this document / within terms and conditions Private Networks 99.99% Uptime Your vcenter cluster is provisioned with number of dedicated VLANs. These VLANs essential can be allocated to group of VMs along with virtual firewall instances. This SLA only guarantees the network performance between the network end points in the same account and on the same VLAN. Nuvolat guarantees 99.99% uptime of the private network that connects Your virtual servers to one another % uptime is defined as private network performance that meets or exceeds the following criteria: Packet loss < 0.2% Latency < 10ms Jitter < 0.1ms within any 15 minute period Maximum Jitter: 20 milliseconds within any 15-minute period.

9 Exclusions: Does not constitute single event which is lasted for less than 4 minutes 23 seconds in calendar month. Does not constitute multiple events of smaller durations that accumulate to total duration of 4 minutes 23 seconds in calendar month. This SLA does not cover (without limitation): network performance to Your physical location or internet access point (such as a local DSL/cable modem); or failures due to denial of service attacks. Does not cover any type of vdisk / VM / virtual appliance / virtual firewall configuration / application deployment which is not as per recommended guideline from Nuvolat and therefore leading to performance / latency / unavailability issues Public Networks 99.99% Uptime Each VLAN is by design attached to a virtual firewall instance (PFSense). You can also bring in Your own virtual firewall appliance which is compatible with Vmware and meets the deployment guideline of Nuvolat. The SLA applies to public connectivity from upstream providers. With redundant upstream circuit we guarantee automatic failover of public connectivity in case the primary ISP goes down. This SLA only guarantees the network performance on WAN interface of virtual firewall appliances. Nuvolat guarantees 99.99% uptime of the public network that connects Your virtual firewall to public internet % uptime is defined as public network performance that meets or exceeds the following criteria: Packet loss < 0.2% Latency < 10ms Jitter < 0.1ms within any 15 minute period Maximum Jitter: 20 milliseconds within any 15-minute period. Exclusions: Does not constitute single event which is lasted for less than 4 minutes 23 seconds in calendar month. Does not constitute multiple events of smaller durations that accumulate to total duration of 4 minutes 23 seconds in calendar month. This SLA does not cover (without limitation): network performance to Your physical location or internet access point (such as a local DSL/cable modem); or failures due to denial of service attacks. Does not cover any type of vdisk / VM / virtual appliance / virtual firewall configuration / application deployment which is not as per recommended guideline from Nuvolat and therefore leading to performance / latency / unavailability issues.

10 3.6.3 Management Networks 99.9% Uptime Nuvolat provides, one management network with each vcenter cluster. By default the management cluster consist of a dedicated management vlan and a dedicated management firewall (virtual appliance). The SLA applies to public and private connectivity on management network. This SLA only guarantees the network performance on WAN interface of management firewall appliance and on LAN interface of the management VLAN. Since there is no direct impact of management network outage on production workloads, the SLA for management network is considered as low priority. Nuvolat guarantees 99.9% uptime of the management network that connects customer to their vcenter cluster. 99.9% uptime is defined as management network performance that meets or exceeds the following criteria: Packet loss < 0.4% Latency < 20ms Jitter < 0.2ms within any 15 minute period Maximum Jitter: 30 milliseconds within any 15-minute period. Exclusions: Does not constitute single event which is lasted for less than 43 minutes 49.7 seconds in calendar month. Does not constitute multiple events of smaller durations that accumulate to total duration of 43 minutes 49.7 seconds in calendar month. This SLA does not cover (without limitation): network performance to Your physical location or internet access point (such as a local DSL/cable modem); or failures due to denial of service attacks. Does not cover any type of vdisk / VM / virtual appliance / virtual firewall configuration / application deployment which is not as per recommended guideline from Nuvolat and therefore leading to performance / latency / unavailability issues.

11 4. Non-Credit Standards This SLA also lists several non-credit service standards standards of quality Nuvolat strives to meet, even though they re not guaranteed or subject to credits, and even though You might not notice any failure to meet some of them. These non-credit standards are listed for informational purposes only, to provide a sense of Nuvolat s commitment to excellence. 4.1 Support Services SLO for Support Services This SLO (Service Level Objective) applies to the support standard and quality of service provided by Nuvolat support teams. This includes front end support teams, namely cloud support, migrations, vadmins and Presales (vcto) services. Although the breach of support deliverables does not constitute to any type of Service Credit, we at Nuvolat are always open to work with customers to solve any issue up to their satisfaction which is defined within our support scope. For more details on support deliverables we refer to Nuvolat Support Guide on the documentation portal Support Team Service Level Objectives

12 A tracking number will automatically be provided to You promptly after opening of the Case, and a human support engineer will review the support request within the timeframe listed above. Nuvolat may reclassify any Case misclassified as falling into one of the emergency categories listed above, and such Case will not qualify for emergency treatment. Resolution and repair times vary, and this SLO does not address them Sales Presales Accounting Team Service Level Objectives

13 5. Credit Requests. Within 10 business days of the end of the month in which You were faced with a Datacenter, Infrastructure, Hypervisor, Primary Cloud Storage, Secondary Cloud Storage, Management Cloud Storage, Edge Circuit or Network Services Event, You need to send an to credit_requests@nuvolat.com, stating your Case number and the Event you were faced with. (Credit Request). In the event that all requirements are met as defined below, You shall be entitled to a reduction of 10% of the monthly recurring fee payable for Services for each such Event that occurred in a given month, up to a maximum 30% within a given month (Service Credit). Upon receipt of Your Service Credit, Nuvolat shall apply that Service Credit against any amounts payable by you under the Agreement in respect of Services delivered by Nuvolat for the following calendar month. Any Service Credit to which You are entitled resulting from Nuvolat s failure to meet its SLA in the last calendar month during the term of Your contract shall be paid out to You by Nuvolat within 30 business days of the last day of the term. Up Time Down Time Min Down Time % of Monthly Recurring Charges % 0.010% % % 0.025% % % 0.050% % % 0.075% % % 0.100% %

14 6. General SLA Exclusions The following periods of time represent exclusions from the SLA: Periods of scheduled and emergency maintenance: o o Standard Maintenance Windows would be for 2 hours a calendar month on Saturday and/or Sunday. Emergency Maintenance: Nuvolat reserves the right to schedule Emergency Maintenance when deemed necessary in its sole discretion. Periods of downtime due to work directed and/or requested by You. Individual server or network component outages that do not impact the overall availability of the Service due to redundancy in the design. Evaluation or approval of new software or hardware for use within Nuvolat Partner data center. This includes systems developed outside of Nuvolat such as third---party systems or systems developed by You. an outage that is due to a DOS (Denial of Service) attack, worm or virus infection or acts of God an outage that is due to Customer application errors or due to instructions by You The above listing of exclusions is for illustrative purposes only and is not, therefore, an exhaustive or complete list. Nuvolat will investigate any report it may receive from You with respect to any Hypervisor Event, Network Event, or Storage Event and will use reasonable commercial efforts to remedy any Hypervisor Event, Network Event, or Storage Event for which it is responsible under this Service Levels Agreement. If Nuvolat acting reasonably determines that the Hypervisor Event, Network Event, or Storage Event has been caused by factors outside the scope of its obligations under this Service Levels Agreement, Nuvolat shall be relieved of its obligations with respect to issuing credits hereunder and shall notify you of its determination.

15 7. Credit Requirements The following are required for credits: You must open a support case (a Case ) during the Failure in question. You will open all Cases through the Support Portal / contacting support via . In opening a Case, You need to provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the Case opening procedures at the Support Portal / Support and Help Center. However, at Nuvolat s sole discretion, a Nuvolat representative may open a Case for You and You will need to provide all information required in the preceding sentence to the support representative. You must provide the information required / asked by support personnel even if Nuvolat provides managed cloud services. You must provide Nuvolat with accurate and complete designated points of contact at Your end who will be working with Nuvolat technical team. You must provide Nuvolat with accurate passwords for maintenance and repair use by Nuvolat engineers. Delays or failures caused by Your failure to abide by the requirements OR not providing required information in time do not constitute to SLA breach. 8. Credit Limitations The minimum period of failure eligible for a credit is as per specific SLA definition and its downtime duration. Please note shorter periods will not be aggregated. The maximum credit for any single failure is one month s Service fees. In the event that multiple periods of failure overlap in time, credits will not be aggregated, and You will receive credit only for the longest such period of failure. Nuvolat is not required to issue multiple credits for a single incident; in the event that a single incident calls for credits pursuant to multiple parts of this SLA, Nuvolat may decide, in its sole discretion, which credits to award. The maximum credit during a single calendar year, for all Service features combined, is two month s Service fees, regardless of the length of Failure or the number of occurrences. The period of failure for server uptime, network performance, Storage performance and everything else specified in Credit Standards begins when You open a Case and issue is been verified and acknowledged by Nuvolat support team. It ends when the failure is remedied. Credits available pursuant to this SLA apply only to future Service delivery. Nuvolat is not required to provide refunds pursuant to this SLA. If You retain a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, bundled licensing.

16 Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: Downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods: Outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer. Outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions. DNS issues outside of Nuvolat s control. Outages resulting from Internet anomalies outside of Nuvolat s control. Outages resulting from fires, explosions, or force majeure. Outages to the Customer Portal, ticketing system, documentation portal. Failures during a beta period. Emergency Maintenance refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Nuvolat in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. Nuvolat will exercise reasonable efforts to inform You in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure. 9. Terms of Service / Terms and Conditions Terms defined in the Agreement will have the same meaning when used in this SLA. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.

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