Service Level Agreement (SLA)

Service Hosting at Host4India's Data Centre. This Agreement is effective from the Service Commencement Date as defined in the Master Service Agreement.

This Agreement provides the right, under certain circumstances specified below, for a Customer to receive Service Credits in the event of failure by Host4India to provide Services in accordance with the Agreement. The Customer acknowledges that Host4India has the expertise and knowledge to provide the Services, and has shown interest in availing the Services by accepting the terms and conditions mentioned in this Agreement and the standard of Service provided in this SLA.

Definitions

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

• Billing Start Date — the date of the commissioning report submitted to the Customer by Host4India. If the Customer is not satisfied, they must inform Host4India within 3 days of receipt; upon objection, Host4India suspends Services, makes required changes, and re-releases with a new Commissioning Report (which then becomes the Billing Start Date). If the Customer uses the commissioned set-up despite outstanding requests, full charges apply from the first Commissioning Report unless partial billing is agreed.
• Downtime ("D") — the duration of the Service Outage, calculated in aggregate hours per month. Downtime begins when Host4India identifies the outage or when a Trouble Ticket is raised, and ends when the Trouble Ticket is closed upon confirmation of resolution, excluding events under "Exceptions."
• Exceptions — all events under the Exceptions clause; their occurrence and duration do not constitute a Service Outage or Downtime.
• Emergency Maintenance — maintenance under a condition that poses danger to the system, equipment, network, or facilities and must be attended immediately. Host4India will try to notify in advance where feasible.
• Facility — the data centre facility where Host4India provides space and racks for placing servers (Yotta D1, Plot No 7, Knowledge Park V, Greater Noida, Uttar Pradesh 201301).
• Actual Uptime ("A") — the aggregate percentage of Total Uptime Hours per month during which the Services are actually available for use.
• Service Credits — services to which the Customer is entitled on account of failure of Host4India to provide Services per the standards in this Agreement.
• Service Outage — an unscheduled disruption/failure in any Service due to which the Customer's server is inaccessible, including failure of Internet connectivity, IDC LAN, switch, router, or firewall provided by Host4India.
• Total Uptime Hours — 24 hours, 365 days a year.
• Trouble Ticket — a ticket with a unique identification number confirming the Customer complaint logged with Host4India in relation to a Service Outage.

1. Scope of the Services

Host4India may provide such Services as provided in the Service Catalogue. The Customer may issue one or more purchase orders, which Host4India accepts only if in accordance with this Agreement and the Service Catalogue. Host4India assures immediate support and assistance in the event of any disruption.

Services are provided with the infrastructure available at the data centre, which consists of:

• Dual active power sources from two different power generation plants
• Tier III architecture — fault tolerant with no single point of failure
• Capability to provide 99.95% SLA
• Carrier-neutral data centre
• ISO 20000-1 & 27001 certified

Hardware Uptime SLA is 4 hours resolution from the time of detection of a hardware problem by Host4India help desk or the Customer. Where Host4India fails to provide the Services due to complete unavailability of the Host4India network, such events are treated as a "Qualified Network Downtime Event" for which a Service Credit is issued.

** Host4India assures cooling @ 21°C (+/- 2°C) and humidity @ 50% (+/- 5%).

Actual Uptime (A) is calculated per month and measured against 99.995%. If outages exceed the total uptime hours, the following service credits are due:

Actual Uptime	Service Credit
A ≥ 99.995%	No Credits
A between 99.994% and 99.000%	2 days equivalent service credit (pro-rata) for the affected Service period
A between 98.999% and 98.000%	7 days equivalent service credit (pro-rata) for the affected Service period
A < 98%	15 days equivalent service credit (pro-rata) for the affected Service period

Actual Uptime % = (Total Uptime Hours − Actual Downtime) / Total Uptime Hours × 100

The Customer must provide a preventive maintenance window once every quarter to enable Host4India to update patches and perform preventive maintenance; this window is not counted as Downtime. If the Customer does not provide such a window even after a request, Host4India is not liable to provide Service Credits or other compensation for Downtime or other loss. Host4India recommends high-availability architecture for critical loads; where one element fails but a redundant element runs, the set-up is considered available and not counted as Downtime.

2. Exceptions

The following events do not constitute Downtime and are not eligible for Service Credit:

• Scheduled maintenance/alteration/implementation with at least seven days' prior notice, and Emergency Maintenance. Usual scheduled maintenance is in the early hours (1am–6am) and typically no more than two hours.
• The quarterly maintenance window described above.
• Hardware failure.
• Failure of Customer links, internet connectivity, end-user software, access circuits, local loop, or any network not owned or managed by Host4India.
• DNS issues not in the scope and control of Host4India.
• Negligence or other conduct of the Customer or its authorized persons, including failures resulting from Customer-provided applications or services.
• A shut down due to circumstances reasonably believed to be a significant threat (e.g. hacker, virus, or ransomware attack).
• Force majeure events including natural disasters (flood, earthquake, etc.), and data loss due to such events or cyberattacks.
• Failure or malfunction of any equipment or services not provided by Host4India, including abuse/fraud or AUP non-compliance, problems outside the Facility network, and interruptions caused by the Customer (inaccurate configuration, non-compliant software use, or Customer-initiated over-utilization).

3. Service Credit

Host4India shall provide the requisite service credits to the Customer in the event it is unable to provide the Services for which it had already received payment. On occurrence of any event that attracts service credits, the Customer is eligible to request a Service Credit on compliance with the procedure below. The Customer is eligible for Service Credit only for Downtimes occurring a month prior to the date of claim, up to the maximum specified in this SLA.

4. Payment Terms

The Customer shall pay all charges set out in the Agreement, including one-time setup charges, recurring charges, and supplemental charges for any Supplemental Services, including before the Service Commencement Date.

5. Procedure for Availing Service Credits

• The Customer should contact the Host4India Support Desk without undue delay and request a Trouble Ticket number, which can be tracked until the ticket is closed on resolution.
• Host4India performs a background check to verify eligibility for the Service Credit.
• Where Host4India fails to provide Services in accordance with this SLA, it credits the Customer's account the prorated base charges from the day the Trouble Ticket is issued until it is closed on resolution.

Service Credits are adjusted after the end of the existing contract by providing additional service days.

6. Warranties of Host4India

Host4India warrants that it shall perform and provide Services in a professional and workmanlike manner in accordance with this Agreement.

7. Representations of Customer

• The Customer will not perform voice communication by dialing a telephone number (PSTN/ISDN/PLMN) as defined in the National Numbering Plan, nor originate/terminate voice communication to any telephone within India.
• The Customer will not establish any connection to any public switched network in India and will not use dial-up lines with outward dialing from Nodes.
• The Customer will not establish interconnectivity between ISPs for offering Internet Telephony Services.

8. Network Security

For securing clients' servers against network threats, the following are implemented: Firewall, IPS, and Antivirus. The Customer may opt for dedicated security gadgets by paying the relevant charges.

9. Managing OS and DB

Setup and administering the OS, DB, and hardware including patch updates will be handled by Host4India as and when required. OS is provided with license and charged accordingly.

10. Server and DB Management

OS and DB management is provided by Host4India to the Customer, if opted for, and charged accordingly.

11. Client Access to the Servers

The Customer is allowed to access their server only after providing the PO to Host4India. The Customer is provided with 1 IP and 24x7x365 monitoring of servers is maintained.

12. Disclaimer

With a commitment to offer the best possible technology and in line with evolutions in technology, Host4India shall upgrade its platform from time to time. Host4India reserves the right to change the platform without any change in the committed service levels.

Schedule A — Troubleshooting & Resolution Times

In the event of a Service disruption or alarm, troubleshooting and resolution shall be as follows:

* Time starts when the problem is detected by the Host4India Help Desk or reported by the customer, and ends on assistance/repair as applicable. Resolution norms for hardware problems depend on SLAs with respective vendors. 95% of calls are attended within the stipulated response time and 90% closed within the stipulated resolution time (measured quarterly); resolution norms exclude WAN links.

In case of outage: the data centre will communicate any outages related to Managed Services elements within 20 minutes of observation of the fault through NMS or escalation by its engineers. Logging of complaints is mandatory to ensure a fault ticket number is generated for reference and auto-escalation.

Disclaimer

Host4India will use reasonable efforts to resolve problems as quickly as possible. As this service is based on a combination of third-party hardware and software, Host4India will not offer service credits in case of non-availability of a website due to the absence of a redundant architecture in the Customer's set-up. In such cases, Host4India will work with the customer to remedy problems at the earliest.

Terms and Conditions

Host4India reserves the right to modify the server manufacturer at any time; the contracted specifications will remain the same. Please contact us for details on other server configurations that might be available.

Note: In case Host4India has not provided the licensed software, it is the responsibility of the Customer to provide licensed software. Host4India does not take responsibility if the customer has not complied with any laws of licensing.