Service Levels Policy

1. Overview.

The purpose of this Service Level Policy is to set forth the service levels at which Amanah is to provide certain Services to Customer. Customer agrees that the remedies set out herein are the sole and exclusive remedy for Amanah’s failure to meet an SLG. This Service Levels Policy applies only while Customer accounts are in good standing.

2. Definitions.

“Service Level Guarantee” or “SLG” means, with respect to a specific Service, a level of performance at which Amanah is contractually obligated to deliver the Service to Customer and which, depending on the specific Service ordered, is established with reference to one or more of the following metrics:

  • Facility Power SLG
  • Network Services SLG

3. Colocation SLG’s.

3.1. Facility Power SLG

Guarantee. Amanah’s monthly SLG for Facility Power availability is 99.99%. This SLG applies to the delivery of power up to the electrical distribution panel provided, however, that Customer remains solely responsible for proper utilization of the supplied power circuit, such proper utilization mandating that the power circuit not exceed 80% of its rated capacity. Any
Service interruption that results from a power or environmental control failure within the Facility and lasts 4:32 minutes (four minutes and thirty-two seconds) in any calendar month is a ‘Facility Event’ constituting a failure to achieve this Facility Power SLG.

3.2. Network Services SLG

Guarantee. Amanah guarantees that within each calendar month, bandwidth will be available 99.99% of the time. Any Service interruption that results from a loss of bandwidth and lasts 4:32 minutes (four minutes and thirty-two seconds) in any calendar month is a ‘Network Event’ constituting a failure to achieve this Network Services SLG.

3.3. Credit Requests.

Prior to the end of the calendar month in which the Facility Event or Network Event occurs, Customer shall be entitled to request a credit equal to one day of total monthly Fees for each full hour a Facility Event or Network Event continues, up to a maximum equivalent to the number of days remaining in the calendar month such Facility Event or Network Event
initially occurred. Requests for credits must be submitted to billing@amanah.com. Upon receipt of Customer’s request for such credit, Amanah shall apply such credit against any amounts payable by Customer under the Agreement in respect of Services delivered by Amanah in respect of the following calendar month. Any credits to which Customer is entitled
resulting from Amanah’s failure to meet its SLG’s in the last calendar month during the Initial Term or Renewal Term, as applicable, of the Agreement shall be paid out to Customer by Amanah within 30 Business Days of the last day of said Initial Term or Renewal Term.

4. SLG Exclusions.

The following periods of time represent exclusions from the SLG’s:

  • Periods of scheduled and emergency maintenance as defined in Section 8 below and any other times that may be specifically agreed to with Customer.
  • Periods of downtime due to denial of service attacks, hacker activity or other malicious event or code targeted against Amanah of any user of Amanah’s network.
  • Periods of downtime due to Customer directed and requested work.
  • Individual server or network component outages that do not impact the overall availability of the Service due to redundancy in the design.

The above listing of exclusions is for illustrative purposes only and is not, therefore, an exhaustive or complete list. Amanah will investigate any report it may receive from Customer with respect to any Facility Event or Network Event and will use reasonable commercial efforts to remedy any Facility Event or Network Event for which it is responsible under this
Service Levels Policy. If Amanah acting reasonably determines that the Facility Event or Network Event has been caused by factors outside the scope of its obligations under this Service Levels Policy, Amanah shall be relieved of its obligations with respect to issuing credits hereunder and shall notify Customer of its determination.

5. Standard Maintenance Windows.

Maintenance Windows will be scheduled in advance by Amanah on an as needed basis.

In addition, Amanah reserves the right to schedule Emergency Maintenance when deemed necessary in its sole discretion.