Service Level Agreement – InnoScale

Service Level Agreement

Pursuant to the Terms of Service Innovative Scaling Technologies, Inc. (“InnoScale”), hereby provide s Customer with the following Service Level Agreement (“SLA”). Unless otherwise defined herein all capitalized terms wil l have the meaning set forth in the Terms of Service. The Terms of Service are hereby incorporated by reference.

1. Service Level Commitme nt

InnoScale will use commercially reasonable efforts to ensure the availability of Service and will at tempt to maintain ninety-nine point nine nine nine percent (99.999%) availability (“Service Availability”). InnoScale of fers Customers a credit for Service Availability lapses in Service Availability as set forth in Section 2 below (“Perfor mance Credit”). Service Availability is measured twenty-four (24) hours a day and seven (7) days a week in each calendar month:

2. Performance Credit

• 5% of Monthly Service fees – Credited for 99.99% to 99.998%
• 10% of Monthly Service fees – Credited for 99.9% to 99.98%
• 25% of Monthly Service fees – Credited below 99.9%

Notwithstanding the foregoing, in no calendar month will the credit exceed twenty-five percent (25%) of the monthly Service charge for the affected month.

3. Performance Credit Pro cedure

Customer must submit a written Performance Credit request to InnoScale within ten (10) business days of the applicable lapse in Service Availability. Customer’s Performance Credit request must contain Customer’s account number, the dates and times of the lapse in Service Availability, and other relevant identification required by InnoScal e to validate Customer’s Performance Credit request. Performance Credit eligibility shall be determined in InnoScale’s s ole discretion. If approved InnoScale will accordingly apply the applicable Performance Credit to Customer’s next monthl y invoice.

4. Performance Credit Eli gibility Exclusions:

• Outages caused by Customer-provided application software installed on InnoScale Servers.
• Outage caused by delay or interruption in telecommunications provided by 3rd party services, inc luding Domain Name System propagation service.
• Outages caused by any event or condition not wholly within the control of InnoScale, including w ithout limitation, acts of any governmental body, war, insurrection, or embargo.
• Outages during Customer scheduled or emergency maintenance events.
• Outages caused by negligence or willful misconduct of Customer or Customer’s customer(s).
• Outages caused by inability to obtain equipment or services needed for the provisioning of addit ional Services.
• Any excluded hardware and software as defined in the applicable agreement.
• A single-server (“development cloud” or single dedicated server).
• Customer misuse of Services.

5. Scheduled Maintenance< /h3>

Services will be unavailable to during scheduled or emergency maintenance events. InnoScale will pro vide Customer with seventy-two (72) hours notice advance notice for scheduled maintenance events. Scheduled maintenance will be performed during off-peak hours (Sunday’s 6:00 p.m. through 6:00 a.m. Eastern Standard Time). InnoScale in its s ole discretion will determine whether to provide Customer notification in an emergency maintenance situation. All mainte nance notifications from InnoScale will be provided to Customer’s designated point of contact. Scheduled outages will no t be counted in measuring Service Availability. Scheduled maintenance may vary based on Customer’s Service selections. I nnoScale will work with Customer to accommodate Services that require non-standard schedule maintenance times.

6. Incident Report

Customer shall immediately notify InnoScale of Service unavailability at support@innoscale.net and InnoScale Support will work with Customer to determine the cause for such unavailability and will use reasonable efforts to restore Services to Customer. Custome r shall work with InnoScale to provide all necessary information to resolve any issues associated with restoration of Se rvices.