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Agreement

1. DEFINITIONS
In this SLA, the following words and expressions, unless inconsistent with the context, shall bear the meanings assigned thereto:

“Billing Start Date”
Shall mean the date of commissioning report submitted to the Customer by Webhostingbingo Datacenter. In case the Customer is not satisfied with the solution delivered by Webhostingbingo Datacenter, the Customer shall inform Webhostingbingo Datacenter of the same within 3 days of the receipt of Commissioning Date. Upon receipt of the objection, Webhostingbingo Datacenter shall suspend all Services, make the changes required and release the environment once again with a new Commissioning Report. In such case the latter one shall be regarded as the Billing Start Date. If the Customer uses the commissioned set-up, though he has a few outstanding requests, Customer shall pay full charges from the first Commissioning Report, unless partial billing is agreed to between the parties, before the Customer starts using the Services. If no partial billing agreement has been reached and if Customer uses the Services even after raising objections, Customer shall pay in full from the first date of Commissioning Report

“Downtime”
Shall mean the duration of the Service Outage, calculated in aggregate number of hours in respective month. Where if Webhostingbingo Datacenter identifies the service outage, the downtime begins from there on or if customer identifies and a Trouble Ticket is raised from the occurrence of Service Outage, the time period for Downtime begins upon start of Service Outage and ends when the Trouble Ticket is closed by Webhostingbingo Datacenter subject to due confirmation from the Customer on resolution of the outage. The time periods are calculated on basis on the number of outages per respective month and excluding the events covered under headings Exceptions to this SLA which shall not for the purposes of this SLA be included while measuring Downtime.

“Exceptions”
Shall mean all the events as mentioned in Clause 3 of this SLA and shall include either an event or a set of events, any occurrence and the duration of occurrence of which shall not constitute a Service Outage or Downtime for the purposes of this SLA.

“Emergency Maintenance”
Shall mean maintenance carried out under a condition or situation which poses danger to the system, equipment, network, facilities required for rendering the Service etc. as the case may be and has to be attended immediately. Webhostingbingo Datacenter shall try to notify the Customer about the emergency maintenance in advance, whenever feasible.

“Facility”
Means the facility located at office of Webhostingbingo Datacenter in Indore where Webhostingbingo Datacenter provides space, racks for placing the servers.

“Fees”
Means the amount invoiced by Service Provider.

“Network”
Means the portion of internal computer network owned or operated on behalf of Webhostingbingo Datacenter that extends from the outbound port on a Customer’s cabinet switch to the outbound port on the border router and includes all redundant internet connectivity, bandwidth, routers, cabling and switches.

“Actual Uptime” (“A”)
Shall mean the aggregate percentage of Total Uptime Hours in respective month during which the Services is actually made available for use by Customer.

“Representatives”
Means any person who is nominated or appointed by the Customer to visit the Facility center.

“Service Credits”
Shall mean services which the Customer would be entitled on account of failure of the Webhostingbingo Datacenter to provide Services as per the standards mentioned in this Agreement.

“Service Catalogue”
Shall contain all or any of services/facilities viz., back up facility, dedicated firewall facility, hardware monitoring facility, help desk support, load balance server, network and power uptime, OS management, shared firewall service and Version Control described in Annexure A to this SLA which may be availed by the Customer.

“Service Outage”
Shall mean an unscheduled disruption/failure in any Service offered by Webhostingbingo Datacenter as per this Agreement, due to which Customer’s server is un-accessible to Customer. The outage of Services due to, but not limited to the following shall be a Service Outage; Customer is unable to transmit to or receive information from his network equipment because Webhostingbingo Datacenter failed to provide facility services to its network equipment including, switch, router, firewall etc. Failure of Services like Internet connectivity, IDC LAN etc. shall also be treated as Service Outage.

“Setup Charges”
Means all charges which may be incurred by Webhostingbingo Datacenter for installing the server or any other expenses incurred for the commencement of Services to the Customer.

“Support Desk”
Shall be the location where the Customer should report a fault. Details of the same are mentioned in Schedule B to this SLA, or if changed, may be intimated from time to time by Webhostingbingo Datacenter to the Customer.

"Total Uptime Hours"
Shall mean 24 hours 365 days a year (year is defined as period of 365 days)

“Trouble Ticket”
Means issuing a ticket with a unique identification number confirming the Customer complaint logged in with Webhostingbingo Datacenter in relation to a Service Outage faced by the Customer.

2. SCOPE OF THE SERVICES
Webhostingbingo Datacenter may provide such Services as provided in the Service Catalogue provided in Annexure A to this SLA. The Customer may issue one or more purchase orders to Webhostingbingo Datacenter for Services and Webhostingbingo Datacenter shall accept a purchase order only if it is in accordance with the terms of this Agreement and for services as covered by the Service Catalogue.
Webhostingbingo Datacenter assures Customer that it shall provide its immediate support and assistance in the event of any disruption in the Services being provided by Webhostingbingo Datacenter. The manner and time frame for troubleshooting and the timelines for the resolution of the problems are mentioned in the Annexure A of this Agreement. Services will be provided to the Customer by Webhostingbingo Datacenter with the infrastructure available at its data center which consists of the following:
Dual active power sources from two different grids.
Capability to provide 99.98 % SLA
Unique Six Zone Security System
Carrier Neutral Datacenter

Webhostingbingo Datacenter assures the Customer 99.98 % uptime availability of the Infrastructure viz., Power and Cooling** covered by this SLA. Hardware Uptimes SLA would be 4 hours resolution from the time of detection of hardware problem either by Webhostingbingo Datacenter help desk or by the Customer. Subject to Clause 3 of this SLA, in the event Webhostingbingo Datacenter fails to provide the Customer with the Services required by the Customer in accordance with the SLA, such failure resulting from complete unavailability of Webhostingbingo Datacenter network, such events will be treated as “Qualified Network Downtime Event” for which Webhostingbingo Datacenter will issue the Customer a Service Credit - calculated as per method provided in Clause 2.5.
** Webhostingbingo Datacenter assures Customer that it will provide cooling @ 23°C (+/-) 2°C . Service Outage Credit Customer is entitled to a Service Outage credit (“Service Outage Credit”) equal to a percentage of their Monthly Service Charge as outlined in the following table, based on the total aggregate amount of Service Outages during the same calendar month:
The Customer is required to provide a preventive maintenance window, once in every quarter to enable Webhostingbingo Datacenter to update the various patches and carry out other preventive maintenance. The time required to carry out this preventive maintenance by Webhostingbingo Datacenter shall depend upon the environment of the Customer and shall be informed to the Customer before the time window is sought. During this window, Customer’s environment shall not be available and the same shall not be counted as Downtime.
For the customized solutions provided by Webhostingbingo Datacenter, preventive maintenance is absolutely essential and the SLAs offered by Webhostingbingo Datacenter are based on the explicit understanding that the Customer will provide opportunity for Webhostingbingo Datacenter to carry out preventive maintenance from time to time. In case the Customer does not provide, at least once in a quarter, the requisite downtime to carry out preventive maintenance activities, even after a request is made by Webhostingbingo Datacenter, Webhostingbingo Datacenter shall not be liable to provide any Service Credits or any other compensation in case of Downtime or any other loss to Customer such as data loss, denial of service or virus attacks.
Webhostingbingo Datacenter shall recommend usage of high availability architecture for all critical loads, wherein there is a duplication of critical elements. For instance, this may be two power sources to a rack, or two firewalls in the network. In a high availability set-up, it is clarified that even when one of the elements fail, but the other is still running, then the entire set-up/solution/system/environment is considered to be available and the same shall not be counted as Downtime.

3. EXCEPTIONS
The following events do not constitute a Downtime and shall not be eligible to be considered for any Service Credit: Interruption due to scheduled maintenance, alteration, or implementation, where the Service Provider provides at least seven days prior notice and to the Customer and also interruption due to Emergency Maintenance; The usual scheduled maintenance time is the early hours of the morning i.e., between 1am to 6am. The usual maintenance time would not be more than two hours. The quarterly maintainance window as described in clause 2.6 above. Hardware failure
Failure of the Customer links, internet connectivity or end user software, access circuits, local loop or any network not owned or managed by Webhostingbingo Datacenter.
DNS Issues not in scope and control of Webhostingbingo Datacenter. Negligence or other conduct of Customer or its authorized persons, including a failure or malfunction resulting from applications or services provided by Customer or its authorized persons;
A shut down due to circumstances reasonably believed by Webhostingbingo Datacenter to be a significant threat to the normal operation of the Services, Webhostingbingo Datacenter’s facility, or access to or integrity of Customer data (e.g., hacker or virus attack);
Failure or malfunction of any equipment or services not provided by Webhostingbingo Datacenter; Any abuse or fraud failure to comply with the Acceptable User Policy on the part of Customer and its authorized persons. Any problems outside the Service Provider Facility Network.
Any interruptions, delays or failures caused by Customer or Customer’s employees, agents, or subcontractors, such as, the following:
Inaccurate configuration.
Non-compliant use of any software installed on the server.
Customer initiated server over-utilization.
Any problems related to the attacks on the machine such as hacking, attacks, and exploits.
Any specific services not part of Services.
Force Majeure event.

4. SERVICE CREDIT
Webhostingbingo Datacenter agrees that it shall provide for the requisite service credits to the Customer in the event of it not being able to provide the Services for which it had already received the payments.
Webhostingbingo Datacenter agrees that on occurrence of any event that attracts service credits the Customer would be eligible to request a Service Credit on compliance of the terms as mentioned in Clause 6.1.(a) of this SLA.
Customer shall be eligible for Service Credit for only those Downtimes which has occurred a month prior to the date of claim and the maximum Service Credit to which Customer shall be entitled is as mentioned in Clause 6.1.(c).

5. PAYMENT TERMS
The Customer shall pay all the charges as set out in the Agreement which includes one-time setup charges, Monthly recurring charges and other supplemental charges for any Supplemental Services provided including before the Service Commencement Date.

6. PROCEDURE FOR AVAILING SERVICE CREDITS
Whenever the Customer encounters Service Outage, the following procedure should be followed; The Customer should contact Webhostingbingo Datacenter “Support Desk” without undue delay and shall request for a Trouble Ticket number immediately and can track the Trouble Ticket number till the Trouble Ticket is closed on resolution of the outage.
Webhostingbingo Datacenter on the receipt of the issue of Trouble Ticket to the Customer shall have a background check to verify if the Customer is eligible for the Service Credit.
When Webhostingbingo Datacenter fails to provide Services in accordance of the SLA entitling Customer for Service Credits, Webhostingbingo Datacenter shall credit the Customer's account the prorated base charges from the day the Trouble Ticket is issued to Customer till the Trouble Ticket is closed on resolution of the outage.
Service Credits will be adjusted after end of existing contract by giving additional service Days.

7. WARRANTIES OF WEBHOSTINGBINGO DATACENTER
Additional Warranties of Webhostingbingo Datacenter in regards to SLA: Webhostingbingo Datacenter warrants that it shall perform and provide Services in a professional and workmanlike manner in accordance with this Agreement.

8. REPRESENTATIONS OF CUSTOMER
Additional Warranties of Customer in regards to SLA.
The Customer will not do any voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN) as defined in National Numbering plan. The customer will not originate the voice communication service from a Telephone in India and/or terminate the voice communication to any Telephone within India.
The Customer will not establish any connection to any public switched Network (i.e. telephone voice network) in India and will not use any dial up lines with outward dialing facility from Nodes.
Customer acknowledges and will not establish any interconnectivity between ISPs for the purposes of offering Internet Telephony Services.

9. NETWORK SECURITY
We provide 100 mbps shared connection in package. For securing the servers of clients against any NW threats, the following are implemented: Firewall, IPS and Antivirus etc. However, Customer can opt for dedicated security gadgets by paying the relevant charges.

10. MANAGING OS AND DB
Setup and administering the OS, DB and HW including the patches updation for the servers for OS and DB will be taken care of by Webhostingbingo Datacenter as and when required. OS is provided with license and accordingly charged.

11. SERVER AND DB MANAGEMENT OS and DB management will be provided by Webhostingbingo Datacenter to the Customer, if opted for and charged accordingly.

12. CLIENT ACCESS TO THE SERVERS
Customer is allowed to access their server only after providing the PO to Webhostingbingo Datacenter. The Customer is provided with 5 IPs and 24x7x365 monitoring of servers is maintained.

13. DISCLAIMER
With a commitment and desire to offer the best possible technology to the Customer and evolutions in technology, Webhostingbingo Datacenter shall upgrade its platform from time to time. Accordingly, Webhostingbingo Datacenter reserves its right to change the platform without any change in the service levels committed.