ORANGE CLOUD SERVICE LEVEL AGREEMENT

Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Cloud Orange, LLC and its Customers for the provisioning of IT services required to support and sustain the cloud services described in the Order Form of the Subscriber Sales Agreement.

Goals and Objectives

The goal of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to our Customers.  The objectives of this Agreement are to:

• Provide clear reference to service ownership, accountability, roles and/or responsibilities.
• Present a clear, concise and measurable description of service provision to the customer.
• Match perceptions of expected service provision with actual service support and delivery.

Customer Requirements

Customer responsibilities and/or requirements in support of this Agreement include:

• Payment for all support costs at the agreed interval.
• Reasonable availability of customer representative(s) when resolving a service related incident or request.

Cloud Orange Requirements

Cloud Orange responsibilities and/or requirements in support of this Agreement include:

• Meeting response times associated with service related incidents.
• Appropriate notification to Customer for all scheduled maintenance.

Service Availability

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

• Telephone support : 8:00 A.M. to 5:00 P.M. Monday – Friday
• Email support: Monitored 24/7/365
• Onsite assistance guaranteed within 24 hours during the business week

Service Requests

In support of services outlined in this Agreement, the Service Provider will respond to service related incidents and/or requests submitted by the Customer within the following time frames:

• 0-2 business hours for issues classified as High priority.
• Within 8 business hours for issues classified as Medium priority.
• Within 2 working days for issues classified as Low priority.
• Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request.

Service Levels

While it is Cloud Orange’s goal to maintain 100% uptime of its hosted environments, the guaranteed uptime commitment is 99.9% availability.  If uptime and availability is calculated to be less than 99.9% for a particular hosted server, co-location, or other hosted service, customers may request a credit towards their account per the following credit schedule.

Service Level Credit

The customer is entitled to service level credit should their cloud services are disturbed, interrupted or unresponsive (“Network Outage”).  Network Outage is defined as an instance in which no traffic can pass in or out of the Cloud Orange infrastructure for more than 10 consecutive minutes.  Credits are based on the duration of any service interruption during a given calendar month as per the following sliding scale.

Credit can only be used towards future billing charges.

Credit is only applicable to the specific service on the overall account that was below 99.8% per the billing period in which the non-conformance occurred.

Credit request can only apply to disputed SLA non-conformance in the last billing cycle.  Billing cycles over thirty (30) days old are not contestable.

Credit request must be sent via email to Cloud Orange support.  Cloud Orange is allowed up to 30 days to respond to the credit request.

Credit decision is based solely on Cloud Orange’s discretion.

Faults in the service must be reported to Cloud Orange to allow for appropriate tests to be conducted to identify the issue.  The Client must provide assistance to ensure the identified fault is repaired

Changes to Polices and Terms of Service

Cloud Orange reserves the right to revise its policies at any time without notice.