Service Level Agreement

Last Updated: October 8, 2024

This Service Level Agreement (the 'SLA') sets out the service levels expected by Cubbit in relation to the provision of services deliveredvia a Cloud Infrastructure owned or operated by Cubbit (the 'Services') and is incorporated into the agreement between the Customerand Cubbit. If you have purchased the Services through an authorised Cubbit reseller (the 'Partner'), all references to the Customer inthis SLA shall be deemed to refer to the Partner and any Service credits shall only apply to the relevant Partner's orders under theAgreement. Capitalised terms used in this SLA but not defined shall have the meanings ascribed to them in the applicable Agreement.

1. DEFINITIONS

Monthly Uptime Percentage is calculated by subtracting from 100% the average of Error Rates measured over each five-minute period during the billing month.

Error Rate is calculated as follows: (i) the total number of internal server errors returned by the Cubbit DS3 Service with the error status "Internal Error" or "Service Unavailable" divided by (ii) the total number of requests for the applicable request type during that five-minute interval. The Error Rate will be calculated as a percentage for each 5-minute interval in the monthly billing cycle for each Cubbit DS3 Service account. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any exclusion provided for in this SLA.

Service Credit means a credit on Fees for Services, calculated as set forth below.

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2. MAINTENANCE

Customer acknowledges and agrees that the Services may not be available during the time required to perform Maintenance activities. Scheduled Maintenance operations of the Services, as well as extraordinary or emergency Maintenance operations, shall be communicated to the Customer at least 48 hours in advance, insofar as notice can be given. Notification will be made via the Services or via the status.cubbit.io page. Cubbit will endeavour to keep actual interruptions to a minimum and, as far as possible, schedule maintenance activities at times that have the least impact on the Customer's business.

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3. SERVICE AVAILABILITY

Cubbit shall make every reasonable effort to ensure the availability of the Services with the following Monthly Uptime Percentage.

Service Monthly Uptime
Cubbit DS3 >= 99.95%

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4. SERVICE CREDITS

As the sole and exclusive remedy in the event of a breach of the Monthly Uptime Percentage, Cubbit grants the Customer, by way of compensation, the Service Credit determined as follows:

Monthly Uptime Percentage Service Credit
< 99.95% 10%
< 99.00% 25%

Service Credits will be recognized by Cubbit to the Customer and processed as follows:

  1. For usage on a consumption basis: The Service Credits will be applied to future payments that the Customer owes to Cubbit for the Services.
  2. For pre-committed Subscriptions: The duration of the Contract will be extended by as many days as the number of accrued Service Credits.

The Customer's sole and exclusive remedy in the event of unavailability, non-performance, or other default by Cubbit in the provision of the Services shall be the receipt of the Service Credit (if eligible) in accordance with the terms of this SLA.

Service Credit Request

To receive a Service Credit, the Customer must submit a request by opening a support ticket at cubbit.io/support within 10 (ten) days from the end of the month in which the non-compliance occurred. The request should:

  • Indicate in the subject line that it is a Service Credit Request.
  • Specify the dates and times of each non-zero error rate event.
  • Attach documentation supporting the claims while ensuring the removal of any confidential or sensitive information.

Failure to comply with this procedure will result in forfeiture of the right to receive a Service Credit.

Maximum Credit

The maximum total number of Service Credits that Cubbit may issue to the Customer in a single month shall not exceed 50% of the Fees owed for that month.

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5. SLA EXCLUSIONS

Cubbit's obligations under this SLA do not apply in the event of downtime caused by:

  1. Force Majeure, i.e., events and circumstances beyond Cubbit's reasonable control.
  2. Any hardware or software used by the Customer that is not provided by Cubbit.
  3. Actions or failures to act on the part of the Customer or third parties.
  4. Maintenance activities, within the following limits:
    • One scheduled Maintenance operation per quarter, lasting no more than 4 (four) hours each.
    • Two extraordinary or emergency Maintenance operations per year, lasting no more than 8 (eight) hours in total.
  5. Suspension or termination by Cubbit of the Customer's right to use the Services, as per the applicable Contract.

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6. CHANGES

Cubbit reserves the right to amend or replace this SLA during the term of the Contract for the provision of the Services. Any changes made to the SLA shall enter into force from the date of their publication on the Cubbit website.