Service Level Agreement

Webyne INC(“WEBYNE”) provides cloud platform and configuration services, including but not limited to smart dedicated servers, graphics processing units, object storage, content delivery network service and continuous data protection back up services (“Services”) to its customers (“Customers”), and such use of the Services by the Customers shall be governed by the online Terms of Service available at link https://www.cloudy4.com//terms-of-service — (“Terms”) or master services agreement (“MSA”) , if any, executed between WEBYNE and the Customer. Notwithstanding the foregoing, this service level agreement (“SLA”) shall be applicable to all Customers irrespective of whether they have executed an MSA or not including those Customers who are availing the Services through a free trial facility. WEBYNE may modify this
SLA at any time by posting a revised version of the same on cloudy4’s website (“Website”) and the amended version of the SLA shall become automatically binding on the Customer if it continues to avail of the Services.

This SLA sets out service levels for the provision of the Services and these shall be read with the Terms of Service (“Terms”). The Customer’s use of Services or its registration with us constitutes agreement to this SLA and makes it legally binding on the Customer.

  1. DEFINITIONS:

Except as otherwise defined in this SLA or unless the context otherwise requires, all defined terms in this SLA shall have the same meanings as defined in the Terms of Service or applicable MSA, if any.

  1. UPTIME:

Or equivalent credits or discount at the discretion of WEBYNE in the next billing cycle.

  1. DOWNTIME REPORTING PROCESS:
  1. ELIGIBILITY FOR REBATES:

Rebates will only be applied to a Downtime for which WEBYNE support team has been notified by the Customer in the manner provided in Clause 3 above.

  1. EXCEPTIONS:

5.1 WEBYNE shall not be responsible for any Downtime to the extent that such Downtime results from any of the following events or a combination of such events:

  1. The period of the reported downtime in respect of an impacted Server/Service shall be deemed to commence from the time the email is sent by the Customer reporting the downtime to WEBYNE as per the terms of Clause 3 of this SLA. On receipt of such email, WEBYNE Team shall validate the reported downtime and check its eligibility to be considered as downtime while doing Uptime calculation for the purpose of clause 2.
  2. Accordingly, the time period of calculation of any applicable credits for the purpose of computing the Rebate shall begin from the time that WEBYNE Support is notified by e-mail by the Customer as per the terms of this SLA and shall end on the resolution of the reported outage.
  3. WEBYNE does not take responsibility of data integrity and security for Customer (as defined in the Terms of Service or MSA, as applicable) as the Customer has to ensure appropriate security measures such as protection of passwords and security keys.
  4. It is the Customer’s responsibility to purchase appropriate data backup and recovery plans and manage them including testing the backups periodically in order to mitigate the risk of loss or accidental deletion of Customer data.
  5. Unless otherwise provided in the Terms of Services/ MSA, as applicable, this SLA sets forth the Customer’s sole and exclusive remedies, and WEBYNE’s sole and exclusive obligations, for any unavailability, non-performance, or other failure by WEBYNE to provide the Services.