FORSA Cloud Compute Service Level Agreement

Formulus Black will apply any Service Credits only against future payments for the applicable Included Service otherwise due from the Customer.  At the discretion of Formulus Black, Formulus Black may issue the Service Credit to the credit card or payment method used to pay for the billing cycle in which the Unavailability occurred.  Service Credits will not entitle the Customer to any refund or other payment from Formulus Black.  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.

CREDIT REQUEST AND PAYMENT PROCEDURES

To receive a Service Credit, the Customer must submit a claim by opening a case with Formulus Black.  To be eligible, the credit request must be received by Formulus Black by the end of the second billing cycle after which the incident occurred and must include:

1. 1. 1. The words “SLA Credit Request” in the subject line;
      2. The dates and times of each Unavailability incident claimed;
      3. The resource IDs for the affected Included Service; and
      4. The Customer’s request logs that document the errors and corroborate the claimed outage(s) (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 Formulus Black and is less than the Service Commitment, then Formulus Black will issue the Service Credit within one billing cycle following the month in which the request is confirmed by Formulus Black.  Failure to provide the request and other information as required above will disqualify the Customer from receiving a Service Credit.  Unless otherwise provided in the Agreement, this SLA sets forth the Customer’s sole and exclusive remedies, and Formulus Blacks’ sole and exclusive obligations, for any unavailability, non-performance, or other failure to provide the Included Services.

SINGLE FC2 INSTANCES

Formulus Black will use commercially reasonable efforts to ensure that each individual FC2 instance (“Single FC2 Instance”) has an Hourly Uptime Percentage of at least 80% of the time in which that Single FC2 Instance is deployed during each clock hour (the “Hourly Commitment”).  In the event any Single FC2 Instance does not meet the Hourly Commitment, the Customer will not be charged for that instance hour of Single FC2 Instance usage.

FORSA CLOUD COMPUTE SLA EXCLUSIONS

The Service Commitment and Hourly Commitment do not apply to any unavailability, suspension or termination an Included Service, or any other Included Service performance issues: (i) caused by factors outside of the reasonable control of Formulus Black, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions of the Customer or any third party, including failure to acknowledge a recovery volume; (iii) that result from the Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within the direct control of Formulus Black); or (iv) arising from  suspension or termination of the Customer’s right to use the applicable Included Service in accordance with the Agreement.  If availability is impacted by factors other than those used in the Monthly Uptime Percentage calculation, then Formulus Black may issue a Service Credit considering such factors at our discretion.

DEFINITIONS

• “Hourly Uptime Percentage” is calculated by subtracting from 100% the percentage of deployed minutes during any clock hour in which a Single FC2 Instance was in a state of Unavailability. Hourly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any FORSA Cloud Compute SLA Exclusion.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Services, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any FORSA Cloud Compute SLA Exclusion.
• A “Service Credit” is a dollar credit, calculated as set forth above, that Formulus Black may credit back to an eligible account.
• “Unavailable” and “Unavailability” mean:
  • For Single FC2 Instances, when the Customer’s Single FC2 Instance has no external connectivity.
  • Software maintenance and/or upgrades resulting in no external connectivity
  • But excludes host hardware unavailability, internet connectivity, and power failures