EBUNTI INFORMATION TECHNOLOGY SERVICE LEVEL AGREEMENT
Last updated: March 17, 2022

This EBUNTI Compute Service Level Agreement (this “SLA”) is a policy that governs the use of the included Services (listed below) and applies separately to each account that uses the included Services. In the event of a conflict between the terms of this SLA and the terms of the EBUNTI Customer Agreement or any other agreement with us that governs the use of our Services (the “Agreement”), the terms and conditions of this SLA will apply, but only to the extent of such conflict. Capitalized terms used herein but not defined here will have the meanings set forth in the Agreement.

INCLUDED SERVICES:
Infrastructure as a Service (IaaS)
Backup as a Service (BaaS)
Disaster Recovery as a Service (DRaaS)
Microsoft Protection as a Service (MPaaS)
SLA
For the services included in all instances or tasks in operation, EBUNTI will make all commercially reasonable efforts to ensure that each included Service is available with a monthly uptime percentage of at least 99.9%, on a monthly basis. In the event that any of the included Services do not meet the SLA, it will be eligible to receive a Service Credit as described below.

Monthly Uptime Percentage

Service Credit Percentage

Less than 99.9% but equal to or greater than 99.0%

10%

Less than 99.0% but equal to or greater than 95.0%

30%

Less than 95.0%

100%

SLA CREDITS

Service Credits are calculated as a percentage of the monthly invoice (excluding one-time payments, such as payments for professional services) for each contracted Service individually, which EBUNTI did not meet the SLA for.
We will apply Service Credits only against future payments for the applicable included Service that you would otherwise owe. Service Credits do not entitle you to any refunds or other payments from EBUNTI. A Service Credit will be applied and issued only if the credit amount for the applicable monthly billing cycle exceeds one dollar ($1 USD). Service Credits are non-transferable and cannot be applied to any other account or organization.

CREDIT REQUEST AND PAYMENT PROCEDURES

To receive a Service Credit, you must open a case in EBUNTI’s support portal at https://support.drpmexico.com. Claims under the SLA can only be submitted individually, as these claims cannot be combined or stacked. Your credit request must be received by us by the end of the second billing cycle after the incident occurred and must include the information specified below.

Contracted Service
Incident start date and time
Incident end date and time
Incident number reported in EBUNTI’s support portal
Detailed description of the SLA breach
If we confirm that an SLA claim for region-level or instance-level is valid, we will issue a service credit within a billing cycle following the month in which we confirm your request.
Failure to provide the requested information and other required details will disqualify you from receiving a Service Credit. Unless otherwise specified in the Agreement, this SLA sets forth your sole and exclusive remedies, and EBUNTI’s sole and exclusive obligations, for any unavailability, non-performance, or other failure on our part in providing the included Services
EBUNTI SLA EXCLUSIONS
The SLA does not apply to any unavailability, suspension, or termination of an included Service, or any other performance issues related to the included Service, whether directly or indirectly: (i) caused by factors outside our control, including any force majeure event or Internet access or related issues beyond the demarcation point of the applicable Included Service; (ii) resulting from any action or inaction by you or a third party, including failure to recognize a recovery volume or failure to respond to concerns about resource health; (iii) resulting from your equipment, software, or other technology and/or equipment, software, or other technology of third parties (other than third-party equipment under our direct control); or (iv) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “EBUNTI Compute SLA Exclusions”). If availability is affected by factors not included in our calculation of the Monthly Uptime Percentage, we may issue a Service Credit considering those factors at our discretion.
SLA DEFINITIONS
“Availability Zone” and “AZ” mean an isolated location within an EBUNTI region identified by a letter identifier following the EBUNTI region code (e.g., MXGDL or MXMTY).The “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Services, as applicable, were in an Unavailability state.

A “Service Credit” is a dollar credit, calculated as outlined above, that we may apply to an eligible account.

“Unavailable” and “Unavailability” mean: For the applicable SLA of EBUNTI, when all your running instances or running tasks, as applicable, do not have external connectivity at the same time.