Service Level Agreement

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Service Level

Agreement

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Service Level Agreement (SLA)

Client Name [Customer]

Effective Date Day Month Year

Version

Version Date Description Author

Approval

By signing below, all Approvers agree to all terms and conditions outlined in this Agreement.

Approvers Role Signed Approval Date

Mvine Limited Service Provider [Customer] Customer

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1.0 Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Mvine Limited and [Customer] for the provisioning of IT services required to support and sustain the Product or service. This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

This Agreement outlines the parameters of all IT services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

2.0 Goals & Objectives

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the Customer(s) by the Service Provider(s).

The goal of this Agreement is to obtain mutual agreement for IT service provision between the Service Provider(s) and Customer(s).

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 & delivery.

3.0 Stakeholders

The following Service Provider(s) and Customer(s) will be used as the basis of the Agreement and represent the

primary stakeholders associated with this SLA: IT Service Provider(s): Mvine Limited (“Provider”) IT Customer(s): Customer (“Customer”)

4.0 Periodic Review

This Agreement is valid from the Effective Date outlined herein and is valid until further notice. This Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current Agreement will remain in effect.

The Account Manager (“Document Owner”) is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals as required.

Account Manager: Mvine Limited Review Period: Bi-Yearly (6 months)

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Previous Review Date: Insert Date Next Review Date: Insert Date

5.0 Service Agreement

The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement.

5.1 Service Scope

The following Services are covered by this Agreement:  Manned telephone support

 Monitored email support

 Planned or Emergency Onsite assistance (extra costs apply)  Monthly system health check

 Browser Compatibility  Mobile Devices

5.2 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.

5.3 Service Provider Requirements

Service Provider 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.

5.4 Service Assumptions

Assumptions related to in-scope services and/or components include:

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6.0 Service Management

Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.

6.1 Service Availability

Coverage parameters specific to the service(s) covered in this Agreement are as follows: Telephone support: 9:00 A.M. to 5:00 P.M. Monday – Friday

Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer / action the call; however there will be a backup answer phone service

Email support: Monitored 9:00 A.M. to 5:00 P.M. Monday – Friday

Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day.

No onsite assistance is assumed or factored into the SLA. Should such service be required please contact your account manager.

6.2 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:

 0-8 hours (during business hours) for issues classified as High priority.  Within 48 hours for issues classified as Medium priority.

 Within 5 working days for issues classified as Low priority.

7.0 Incident Reporting

The Mvine support team can be contacted during the hours of 9.00am to 5.00pm on Business Days by: Telephone: 0208 392 4820

Email: [email protected]

Incident Report Form on the Customer portal.

On the first contact for a new incident, the Mvine support team will allocate an incident number that should be quoted in all subsequent correspondence. The Mvine support team may request further information from Customer to the extent reasonably required to help resolve the incident.

If the incident is found to lie with the Software, the Mvine team will categorise the incident. Once the solution has been agreed with the Customer and successfully implemented by the Mvine team the incident will be closed.

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Incident Categories – incidents will be categorised as follows:

Category Description Response Time Target Resolution Time

Minor

Errors that are none disabling or cosmetic and have little or no impact on the normal

operation of the Hosting Services.

Within 24 hours of notice of incident from

Client.

Within 45 business days

Moderate

Certain non-essential features of the Hosting Services are impaired while most major components of the Hosting Services

remain functional.

Client.

Within 7 Business Days after initial response.

Serious

Operation of the Hosting Services is severely degraded or major components

of the Hosting Services are not operational and work cannot reasonably

continue.

Client.

Within 2 Business Days after initial response.

Critical The entire Hosting Services are “down” and inaccessible.

Client.

Within 4 hours. Continuous effort after initial response

and Client co-operation.

The Mvine team will use its best endeavours to achieve the target resolution times listed above. If the target resolutions time is likely to be exceeded for any particular incident the Mvine team will give a revised estimate of the expected resolution time and regularly update the Customer on progress.

If the Customer is not satisfied with the progress towards a resolution or with the service provided in general then the dispute procedure should be followed.

The Mvine team shall provide monitoring of its Hosting Services. The Mvine team shall directly notify the Customer Directors of Maintenance Events that may affect the availability of the Hosting Services.

8.0 General Server SLA

The hosted service is provided and contracted through a 3rd_{party on behalf of the customer by Mvine. The SLA specific for this}

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8.1 Parties

(1) iomart Hosting Limited t/a Server Provider registered in Scotland (Company No. SC275629) whose registered office is at Lister Pavilion, Kelvin Campus, West of Scotland Science Park, Glasgow, G20 0SP ("Server Provider"); and (2) Mvine Limited registered in England and Wales (Company No: 05313963) whose registered office is at 30 Addiscombe Grove, Croydon, Surrey CR9 5AY (“The Client”) Server Provider is a provider of Internet related services such as co-location, dedicated servers, and IP transit services, and the Client may from time to time require such services. This Agreement sets out the terms which have been agreed between Server Provider and the Client for the provision of such Internet services and shall be supplemented from time to time by Schedules setting out specific details of such services requested by the Client.

8.2 General

The Services shall be as described in this Agreement and any associated Schedules. All Schedules shall be deemed to be an offer from the Client and shall only be deemed accepted by Server Provider when counter-signed by an authorised representative of Server Provider. In the event of any conflict between any provision in this Agreement and those in the Schedule then the provision in the Schedule shall prevail. The Client, where the Client an individual, or the person entering into this Agreement on behalf of the Client, where the Client is an entity, warrants that they are 18 years of age or older, and capable and authorised to enter into this Agreement. Server Provider reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. Server Provider shall endeavor to give the Client reasonable notice of such modifications but this may not always be possible and Server Provider shall not be liable to the Client or to any third party for any such modification or any failure to give such notice Server Provider reserves the right at its sole discretion to suspend the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a "Suspension Events"): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on Server Provider and which affects the Services and which can only be dealt with properly by suspension of the Services; (iii) if the Client fails to pay any amounts due under this Agreement when they are due; (iv) if any events occur which would entitle Server Provider to terminate this Agreement; (v) the Bandwidth used by the Client in relation to the Services exceeds the agreed level and Server Provider determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by Server Provider from time to time. It is The Client’s responsibility to keep the server files up to date. The Client is liable for any legal contracts or end user license agreements as a result of any third party software installed by The Client. In the event of a server crash, once notified, Server Provider will endeavor to reboot the Client’s server as soon as possible but offer no timed guarantee. The Client may have access to an automatic reboot switch, in which case an instantaneous reboot may be possible. Server Provider make no guarantee as to the functionality of the reboot switch, but will make all reasonable endeavors that the reboot switch is functioning properly. It is the Client’s responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Control Panel, and to ensure such contact details are current and up to date at all times. Server Provider may provide the Services to the Client from verbal or email order received by it from any authorised person. A person shall be an authorised person for the purpose of this clause if his name is listed at the time of order on the Control Panel. This Agreement together with the Schedule constitutes the whole and only agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement whether existing prior to or at the same time as this Agreement. The Agreement will be on these conditions only, to

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the exclusion of any other terms and conditions (including any terms and conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Client’s terms and conditions shall not apply to this Agreement.

8.3 Support & Maintenance

Maintenance and support shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than Server Provider or its authorised representatives; or (b) software programmes or hardware supplied by the Client.

The Client shall document and promptly report all errors or malfunctions of the Services, Hardware or Software to Server Provider. The Client shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from Server Provider provided the procedures specified are reasonable. The Client shall maintain a current archive copy of all software and data, and shall properly train its personnel in the use of the Services, Hardware and Software.

Any problems caused by the Client to the Services, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to The Client at £30 per 30 minutes, or part thereof. For any work that will take more than two hours we will seek prior

authorisation from the Client by telephone, email, fax, or post.

8.4 Acceptable Use Policy

Server Provider’ Acceptable Use Policy ("Policy") is intended to help protect the Server Provider service, Server Provider clients and the Internet community in general from irresponsible or, in some cases, illegal activities, and the Client agrees to be bound by the Policy.

1. The Client shall not, nor shall they permit, enable, or assist others (except as to end users) and they shall make commercially reasonable efforts not to allow their end users, to use the Services for any breach of any applicable law or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following:

a. civil infringement of and/or criminal offences relating to copyright, trademarks or any other intellectual property right in any jurisdiction; or

b. commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country; or

c. knowingly or recklessly transmitting, displaying or posting to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed; or

d. transmitting, transferring, displaying or posting to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United Kingdom or the said territory or which may expose Server Provider to any retribution or penalty under the laws and/or regulations and/or decrees of the United Kingdom or any other country relating to the export of or dealing with military

or potentially military resources; or

e. use of the Services or the Internet in any manner which is a violation or infringement of any rights of any kind or nature (whether like to any of the foregoing or otherwise) of any person, firm or company; or

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f. unauthorised access to the network management equipment of Server Provider or other Internet service providers; or

g. forgery of Internet addresses or other fields in IP packets by the Client; or

h. any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client; or i. any activity that potentially could harm the Server Provider Network, its clients’ networks or other networks, including but not limited to traffic flooding, malicious overflows, etc; or

j. any activity that Server Provider decides at its absolute discretion is an unsuitable use of the Services. 2. The Client is responsible for:

a. Maintaining email addresses of the forms [email protected] and [email protected] for receiving complaints of network abuse activities, as suggested by Internet Official Protocol Standard RFC 2142. Typically, these email addresses will forward emails to the real user accounts of the responsible persons for treating the network misuse complaints.

b. The activities of its customer base or end-users and, by accepting service from Server Provider, is agreeing to ensure that its clients abide by this Policy. If irresponsible or illegal activity continues, even after Server Provider tries to communicate with the Client, then the Client may be subject to an appropriate action in order to stop those activities. 3. All complaints related to network misuse - including email abuse - are to be sent to

abuse@Server Provider.com

4. IRC services or IRC-related services are permitted only with prior written permission from Server Provider management. This includes, but is not limited to: “IRCd servers,” “eggdrops,” “bots,” and “bouncers.” The purpose of this restriction is to prevent attacks on the Server Provider service due to malicious activity that has been known to occur on IRC networks like EFnet and Undernet.

5. The Client warrants that it will respond to any Abuse Complaints within 48 hours.

8.5 Service Level Agreement

This SLA applies to Services where the agreement for the Service specifically references this SLA. The objective of this SLA is to document the availability of the Service that Server Provider is to achieve. This does not constitute any additional liability to Server Provider, but instead a self-assumed obligation towards the Client. Under the conditions below Server Provider offers to pay the Client service credits if the availability defined below is not met.

Server Provider shall guarantee the availability will be 100% in any calendar month, subject to exclusions as defined below. If Server Provider fails to meet this guarantee a credit shall be available to the Client as defined below. The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by: problems associated with equipment connected on the Client's side of Server Provider delivery point,

the Server Provider Network, Server Provider will proceed to disconnect the link, for benefit of the rest of users of the Server Provider Network. This disconnection won’t be cause of penalty under the SLA. Server Provider will notify the Client as soon as possible about this issue in order for the Client to repair the problems.

t in which no fault is observed or confirmed by Server Provider,

so for the purpose of investigating the problem and restoring the service, to Client premises and equipment pertaining to the service in case the service should include the management of equipment on the customer site by Server Provider,

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by Server Provider,

led Maintenance affecting the Services as defined above.

attacks generated inside the Client's network or executed against users inside the Client's network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client's responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.

Nevertheless Server Provider is available to support the customer by implementing appropriate measures on the Server Provider Network, such as limiting on ICMP bandwidth, rate limiting over clients’ ports, implementing filters or black- holing routes.

Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from Server Provider applies in case of Force Majeure.

Should the Client not have access to the Services as defined above, Server Provider shall credit the Client 0.5 days service credit for each hour when the service is not available, subject to a maximum credit in any one month of 50% of the monthly fee for the contracted service. The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available; it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying Server Provider within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against Server Provider for any non-availability of the Services.

8.6 Consequential Losses

Server Provider is not in a position to assess any consequential loss which the Client may suffer as a result of any failure of the Services, or any other default on the part of Server Provider and it would be impractical and uneconomic for Server Provider to insure against such liability. Accordingly it is the responsibility of the Client to properly assess any consequential loss that it and/or its clients may suffer and to obtain and maintain adequate insurance in relation to such losses. The Client shall also ensure that it has adequate insurance cover in relation to any loss or damage which may be caused to Server Provider and/or its clients through the negligence or default of the Client, its employees, agents, or equipment. The Client shall, as and when requested, provide Server Provider with such evidence as Server Provider may require in relation to the Client’s insurance.

8.7 Indemnity

The Client agrees to, subject to a limit of three times the annual value of this Agreement or £100,000 whichever is greater, indemnify and keep Server Provider, its subsidiaries, affiliates, officers, partners and employees fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following: (i) the Clients breach of this Agreement or its negligence or other act, omission or default; (ii) the operation or break down of any equipment or software owned or used by the Client but not the Hardware and/or Software; (iii) the Clients use or misuse of the Services; (iv) the Client infringing (whether innocently or knowingly) third party rights (including without limit IPRs).

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8.8 Disclaimer

Nothing in the Agreement shall exclude or limit the liability of Server Provider for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.

The Client acknowledges that the allocation of risk in this Agreement reflects the price paid for the Services, Hardware and Software and that it is not within the control of Server Provider how or for what purposes they are used. If any exclusion or limit of liability in this Agreement is held to be invalid and Server Provider becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by the Client for the Services.

Server Provider shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. No action, claim or demand arising out of or in connection with this Agreement may be brought by the Client against Server Provider more than one year after the cause of action has occurred.

Server Provider is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond those already supplied.

Neither Server Provider nor anyone else who has been involved in the creation, production or supply of the Services, Hardware or Software shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with this Agreement or the Services,

Hardware or Software for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, data, business contracts, revenues or anticipated savings, or (iii) damage to the Client's reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Server Provider from and against any claim which may be made against Server Provider in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the Client.

9.0 Browser Compatibilities

Please see the table below to illustrate the different Operating Systems, devices and browser compatibilities. The Product will work on all current browser versions however when new browser versions are released then best effort will be made to work with the new browser. Whilst all attempts will be made to work with all browsers, browser upgrades do have a tendency to break sites.

9.1 Browser Support Policy

Mvine is committed to making your website easily accessible and consistent across supported browsers and platforms. Because it is not always possible or practical for us to fully test and validate your website using every available operating system and browser combination, we have implemented this policy to ensure that we support the majority of our users.

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Development Principles and Web Standards

Mvine attempts to minimise browser-support issues by following three best practices:

Develop websites and applications using web standards and according to Mvine Ltd's best practice policy. Avoid technologies that are only supported by certain browser types (e.g., ActiveX).

Avoid programming implementations that are only supported by certain browser types (e.g., CSS extensions).

9.2 General Browser Requirements

To successfully interact with our websites and services, your browser must meet the following requirements:  The browser must be configured to accept cookies

 The browser must be configured to execute JavaScript  The browser must be capable of 128-bit SSL encryption

Even if you are using a supported browser, you might not be able to successfully access your online services if you have disabled cookies or JavaScript.

9.3 Specific Browser Support

To maximise our ability to successfully support our customers' needs, Mvine Ltd uses statistical data from web visitors and registered users, rather than generic industry data, to identify the browsers used by our target audience. We regularly review this data to determine which browsers to support.

We validate against and fully support our customers' use of the following browser/platform combinations: Mozilla Firefox 3.0 and higher for Linux, Mac OS, and Windows

Internet Explorer 7.0 and higher for Windows Apple Safari 3.0 and higher for Mac OS Google Chrome 1.0 and higher for Windows

We invest time and resources to ensure that our websites and applications are consistent across each supported browser/platform combination. Minor differences in appearance such as differences in font anti-aliasing (or lack thereof) and colouring (e.g., 24-bit versus 32-bit colour, different gamma between Mac OS and Windows) might be experienced, but these differences should not impact application functionality.

Other browsers might also work, but we do not attempt to resolve problems with browser/platform combinations other than those listed above. Browsers that have been developed to comply with the guidelines and specifications, including mobile browsers, should operate successfully.

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9.4 Resolving Browser Issues

If you are experiencing a problem using one of the browser/platform combinations we support, please contact our technical support group for assistance. If you are experiencing a problem on an unsupported browser/platform combination, the issue might be resolved by moving to a supported browser.

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9.5 Browser Compatibility Table

IE

3.6 5 6 14 11.1 3.6 5 11.1 Yes Yes Yes

4 7 15 4 5 8 16 5 6 9 17 6 7 10 18 7 8 19 8 9 20 9 10 21 10 11 22 11 12 12 13 13 14 14

WIN MAC DEVICES

F IR E F O X S A F A R I C H R O M E O P E R A F IR E F O X S A F A R I O P E R A A N D R O ID IP H O N E IP A D

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10.0 Website Performance

Mvine is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the network. The Mvine Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Mvine.

10.1 Uptime Guarantee

Mvine strives to maintain a 99.99% network and service uptime level, and guarantees at least 99.5%. This uptime percentage is a monthly figure, and is calculated solely by Mvine monitoring systems or Mvine authorised/contracted outside monitoring services. If Mvine fails to meet its 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis.

10.2 Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Mvine network caused by or associated with:

 Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

 Telcom Failure

 Scheduled maintenance for hardware/software upgrades

 Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Mvine utilises only name brand hardware of the highest quality and performance.

 Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)  DNS issues not within the direct control of Mvine

 Network floods, hacks, attacks from outside parties or individuals  Failure or error of any Mvine monitoring or measurement system

 Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Mvine service(s).

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10.3 Connectivity

Mvine's goal is to make the Mvine network available to Clients, free of outages, as best possible. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Mvine™ service failure for more than 20 consecutive minutes, excluding service failures relating to Mvine's scheduled maintenance and upgrades. The Mvine network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Mvine's goal is to keep Average Round-Trip Latency on the Mvine network to 85 milliseconds or less. Mvine defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Mvine network and major US backbone peering points during such month, as measured by Mvine. Mvine's goal is to keep Average Packet Loss on the Mvine network to 1% or less. Mvine defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Mvine network during such month that are not successfully delivered, as measured by Mvine.

10.4 Hardware Failure

Mvine stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Mvine utilises only name brand hardware of the highest quality and performance. Mvine will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee. Mvine will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

10.5 Credits

Credit requests must be made on the Mvine web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by Mvine within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Mvine within five days after the end of such month. The total amount credited to a Client for Mvine not meeting SLA service levels will not exceed the service fees paid by Client Mvine for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Mvine's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Mvine. Upon Client’s request (in accordance with the procedure set forth below), Mvine will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Mvine and confirmed by Mvine's measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Mvine network for a calendar month exceeds 85 milliseconds, then upon Client's request, Mvine will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Mvine will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.

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10.6 Speed

After reliability, Mvine believes that speed and access to the services is a key feature of our platform. We are committed to ensure that the site access is at its fastest at all times. Mvine aims that the time to interact with useful content is within 1.5 seconds and full page loads within 3 seconds.

10.7 General

Mvine reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Mvine makes no claims regarding the availability or performance of the Mvine servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Service Level Agreement

Service Level

Agreement

Service Level Agreement (SLA)

Table of Contents

1.0 Agreement Overview

2.0 Goals & Objectives

3.0 Stakeholders

4.0 Periodic Review

5.0 Service Agreement

5.1 Service Scope

5.2 Customer Requirements

5.3 Service Provider Requirements

5.4 Service Assumptions

6.0 Service Management

6.1 Service Availability

6.2 Service Requests

7.0 Incident Reporting

8.0 General Server SLA

8.1 Parties

8.2 General

8.3 Support & Maintenance

8.4 Acceptable Use Policy

8.5 Service Level Agreement

8.6 Consequential Losses

8.7 Indemnity

8.8 Disclaimer

9.0 Browser Compatibilities

9.1 Browser Support Policy

9.2 General Browser Requirements

9.3 Specific Browser Support

9.4 Resolving Browser Issues

9.5 Browser Compatibility Table

10.0 Website Performance

10.1 Uptime Guarantee

10.2 Exceptions

10.3 Connectivity

10.4 Hardware Failure

10.5 Credits

10.6 Speed

10.7 General