PRMWD Servers Service Level Agreement 

Network We guaranty that our data center network will be available 100% of the time in any given monthly billing period, excluding scheduled maintenance.

Data Center Infrastructure We guaranty that data center HVAC and power will be functioning 100% of the time in any given monthly billing period, excluding scheduled maintenance. Infrastructure downtime exists when PRMWD Servers downtime occurs as a result of power or heat problems.

PRMWD Cloud Server Hosts We guaranty the functioning of all cloud server hosts including compute, storage, and hypervisor. If a PRMWD server host fails, we guaranty that restoration or repair will be complete within one hour of problem identification.

Migration If a PRMWD server migration is required because of cloud server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your cloud server data. Either way, we guaranty that the migration will be complete within three hours of the time that we begin the migration.

Credits If we fail to meet a guaranty stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the PRMWD servers adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:

Network: Five percent (5%) of the fees for each 30 minutes of network downtime, up to 100% of the fees;

Data Center Infrastructure: Five percent (5%) of fees for each 30 minutes of infrastructure downtime, up to 100% of the fees;

PRMWD Server Hosts: Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees;

Migration: Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees.

Definitions: For purposes of this Service Level Guaranty:

“PRMWD server” means your unique virtual machine instance;

“PRMWD server fees” means the fees for your PRMWD servers for the monthly billing period in which the failure occurred and includes monthly virtual machine instance and bandwidth charges;

“PRMWD server host” means the physical server which hosts your PRMWD cloud server;

“data center network” means the portion of The PRMWD Cloud network extending from the network egress point of your PRMWD server host to the outbound port of the data center border router;

“power” includes UPSs, PDUs and cabling, but does not include the power supplies in PRMWD server hosts;

“scheduled maintenance” means maintenance that is announced at least ten business days in advance, and that does not exceed sixty minutes in any calendar month.

Limitations.

You are not entitled to a credit if you are in breach of your services agreement with The PRMWD Cloud (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with The PRMWD Cloud or your misuse of PRMWD Servers system.

To receive a credit, you must contact your The PRMWD Cloud account team within thirty (30) days following the end of the downtime. You must show that your use of the Cloud Servers was adversely affected in some way as a result of the downtime to be eligible for the credit.

This Service Level Guaranty is your sole and exclusive remedy for PRMWD Servers unavailability.

Not with standing anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

This Service Level Guaranty is part of your Agreement with The PRMWD Cloud Servers, along with The PRMWD Cloud Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents.