NetworkGrid - Service Level Agreements

This Service Level Agreements documents set out the performance metrics such as applicable service levels and availabilities of NetworkGrid services.

The applicable Service Level Agreements form an integral part of the Master Services Agreement.

Content:

CDN SLA
DDoS Protection SLA
DNS SLA

(A) CDN SERVICE LEVEL AGREEMENT

Nuevas Soluciones Digitales SAS (“NetworkGrid”) and the Customer of NetworkGrid (“Customer”) will comply with the following Service Level Agreement with respect to Customer’s use of the CDN Services (“CDN Services”) provided by NetworkGrid pursuant to the NetworkGrid Master Services Agreement (“MSA”) and any Service Order thereunder concluded between NetworkGrid and Customer.

The SLA is part of the MSA. Terms not defined herein shall have the same definition as within the MSA.

1. Definitions

“Base Fee” consists solely of the committed base monthly fee paid by Customer for the Services and excludes all other fees that might be paid by Customer including, but not limited to, charges for additional services, incremental bandwidth usage and any other type of optional additional services.

“Customer Content”, for purposes of this SLA, means objects delivered from a Delivery Server.

“Delivery Server” means NetworkGrid-owned or operated servers for delivering Customer Content located on the CDN at NetworkGrid’s Points of Presence (each, a “POP”).

“Downtime” means complete unavailability of transmission of Customer Content through CDN Services covered by the uptime guarantee for more than fifteen (15) consecutive minutes.

“Origin Server” means either NetworkGrid’s or Customer’s server, where Customer Content is stored for retrieval by Delivery Servers.

2. Guarantee of Uptime

Subject to the SLA exceptions set forth in the MSA, NetworkGrid provides a 99.99% uptime guarantee to Customer. Availability in this SLA is calculated based on the cumulative Downtime for a given calendar month. Subject to the terms and conditions of this SLA and the MSA, NetworkGrid shall issue to Customer a Service Credit based on the percentage availability in a given monthly billing period as follows (credit amounts expressed as a percentage of the fee for the affected Service).

AvailabilityService Credit:99.99% – 99.9% | 5%
99.89% – 99.0% | 10%
less than 99.0% | 15%

The following time periods do not count as Downtime:

• Non-compliance of Services with the Service Levels due to any Excluded Cause according to the MSA;

• Time spent by NetworkGrid resolving reports by Customer which do not specify a Defect.

3. Service Credits

To receive Service Credit under this Services SLA, Customer must submit a request in writing via e-mail to support@networkgrid.io. The request must include Customer’s (a) company name, (b) contact name, (c) e-mail address and (d) phone number, as well as (e) the date of the suspected Downtime and (f) a reasonably detailed description of the reason for the Service Credit request. NetworkGrid must receive the Service Credit request within 30 Days after the suspected Downtime has occurred. The suspected Downtime must be capable of confirmation by NetworkGrid’s measurement tools. Any issued Service Credit shall be applied to Customer’s next applicable invoice after NetworkGrid initially received and reviewed the Service Credit request. Service Credits are exclusive of any Taxes charged to Customer or collected by NetworkGrid.

4. Miscellaneous

Service Credits shall not entitle Customer to any refund, reimbursement or other payment from NetworkGrid. Service Credits shall not be applied or transferred to other accounts of the Customer or of third parties. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly period is greater than twenty-five US dollars (USD 25.00).

Notwithstanding anything in this SLA to the contrary, total Service Credits issued to Customer in connection with any calendar month shall not exceed the Base Fee paid by Customer for such month. All Service Credit is calculated on the basis of a 30-day month. To be eligible for Service Credit, Customer must follow NetworkGrid’s published instructions for use of Services and the MSA; improper use shall result in ineligibility. Service Credit shall not be issued if Customer is in breach of the MSA or the applicable Service Order, including breach for non-payment. Service Credit will only be issued if Customer has paid in full for Services covering the time period within which the Service Credit is requested. NetworkGrid reserves the right to periodically change the measurement points and methodologies it uses. This SLA sets forth Customer’s sole and exclusive remedy for a Downtime or other service outage.

(D) DDOS PROTECTION SERVICE LEVEL AGREEMENT

Nuevas Soluciones Digitales SAS (“NetworkGrid”) and the Customer of NetworkGrid (“Customer”) will comply with the following Service Level Agreement with respect to Customer’s use of the DDoS protection Services provided by NetworkGrid pursuant to the NetworkGrid Master Services Agreement (“MSA”) and any Service Order thereunder concluded between NetworkGrid and the Customer.

The SLA is part of the MSA. Terms not defined herein shall have the same definition as within the MSA.

1. Definitions

“Base Fee” consists solely of the committed base monthly fee paid by Customer for the respective IT Security Services and excludes all other fees that might be paid by Customer including, but not limited to, charges for any type of optional additional services.

“Downtime” means a period of time within which the NetworkGrid’s system of protection does not filter the traffic completely from external attacks or is otherwise fully dysfunctional.

IT Security Services include one of the following services specified below. For each service the availability level and services credits are calculated separately.

BGP DDoS Mitigation Services
The BGP DDoS Mitigation Services consists of the following services delivered via the platform:

(a) Providing a BGP-based solution to Customer and delivering protection for allocated IP addresses.

(b) When Customer is under attack, NetworkGrid will redirect data for 256 IP addresses (also known as a /24) via the Internet, delivering data to the filtering platform.

(c) Cleaned and legitimate data will be delivered via either a Direct Connection via a Layer2 or dedicated connection with filtering platform.

DDoS and Bot protection for web applications.
The DDoS and Bot protection for web applications consists of the following services delivered via the Platform:

(a) Providing a proxy-based solution to Customer and delivering protection for their domains.

(b) NetworkGrid provides protected IPs for Customer’s domains.

(c) Cleaned and legitimate data will be delivered via internet to the Customer’s application.

2. Guarantee of Availability

Subject to the SLA exceptions set forth in the MSA, NetworkGrid provides a 99.5% uptime guarantee to Customer. Availability in this SLA is calculated based on the cumulative Downtime for a given calendar month. Subject to the terms and conditions of this SLA and the MSA, NetworkGrid shall issue to Customer a credit for a Downtime (“Service Credit”) based on the percentage availability in a given monthly billing period as follows (credit amounts expressed as a percentage of the fee for the affected Service

AvailabilityService Credit:99.5% – 99% | 5%
98.99% – 97.0% | 15%
Less than 97% | 35%

Downtime starts from the moment the incident ticket is opened by NetworkGrid. Downtime is considered to be fixed upon the moment when the ticket is closed and the respective notification is sent to the Customer.

The following time periods do not count as Downtime:

• Non-compliance of the Services with the Service Levels due to any Excluded Cause according to the MSA, available at http://networkgrid.io/legal;
• Time spent by NetworkGrid resolving reports by Customer which do not specify a Defect.

3. Service Credits

To receive Service Credit under this Services SLA, Customer must submit a request in writing via e-mail to support@networkgrid.io The request must include Customer’s (a) company name, (b) contact name, (c) e-mail address and (d) phone number, as well as (e) the date of the suspected Downtime and (f) a reasonably detailed description of the reason for the Service Credit request. NetworkGrid must receive the Service Credit request within 30 Days after the suspected Downtime has occurred. The suspected Downtime must be capable of confirmation by NetworkGrid’s measurement tools. Any issued Service Credit shall be applied to Customer’s next applicable invoice after NetworkGrid initially received and reviewed the Service Credit request. Service Credits are exclusive of any Taxes charged to Customer or collected by NetworkGrid.

4. Scheduled Maintenance

NetworkGrid reserves the right to perform regularly Scheduled Maintenance during the “Scheduled Maintenance Windows” in the table below or during other times subject to the MSA.

5. Emergency Maintenance.

NetworkGrid reserves the right to perform emergency maintenance from time to time. These events should not be a regular occurrence, however are required should there be a security patch, bug fix or change that is rendering any part of the Services inoperable. Each emergency maintenance window will be customized depending on the severity of the issue. Best endeavours will be used to provide the prompt notice to the Customer. Emergency maintenance will not be considered downtime for purposes of calculating the availability in the SLA.

6. Miscellaneous

Service Credits shall not entitle Customer to any refund, reimbursement or other payment from NetworkGrid. Service Credits shall not be applied or transferred to other accounts of the Customer or of third parties. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly period is greater than twenty five US dollars (USD 25.00).

Notwithstanding anything in this SLA to the contrary, total Service Credits issued to Customer in connection with any calendar month shall not exceed the Base Fee paid by Customer for such month. All Service Credit is calculated on the basis of a 30-day month. To be eligible for Service Credit, Customer must follow NetworkGrid’s published instructions for use of Services and the MSA; improper use shall result in ineligibility. Service Credit shall not be issued if Customer is in breach of the MSA or the applicable Service Order, including breach for non-payment. Service Credit will only be issued if Customer has paid in full for Services covering the time period within which the Service Credit is requested. NetworkGrid reserves the right to periodically change the measurement points and methodologies it uses. This SLA sets forth Customer’s sole and exclusive remedy for a Downtime or other service outage.

(E) DNS SERVICE LEVEL AGREEMENT

Nuevas Soluciones Digitales SAS (“NetworkGrid”) and the Customer of NetworkGrid (“Customer”) will comply with the following Service Level Agreement with respect to Customer’s use of the DNS Services provided by NetworkGrid pursuant to the NetworkGrid Master Services Agreement (“MSA”) and any Service Order thereunder concluded between NetworkGrid and the Customer.

The SLA is part of the MSA. Terms not defined herein shall have the same definition as within the MSA.

1. Definitions

“Base Fee” consists solely of the committed base monthly fee paid by Customer for the respective DNS Services and excludes all other fees that might be paid by Customer including, but not limited to, charges for any type of optional additional services.

“Downtime” means a period of time within which in the NetworkGrid’s DNS system all the running instances are unavailable or cannot be operated.

2. Guarantee of Availability

Subject to the SLA exceptions set forth in the MSA, NetworkGrid provides a 99.99% uptime guarantee to Customer. Availability in this SLA is calculated based on the cumulative Downtime for a given calendar month. Subject to the terms and conditions of this SLA and the MSA, NetworkGrid shall issue to Customer a credit for a Downtime (“Service Credit”) based on the percentage availability in a given monthly billing period as follows (credit amounts expressed as a percentage of the fee for the affected Service).

AvailabilityService Credit:99.99% – 99.5% | 10%
99.49% – 95.0% | 25%
less than 95.0% | 50%

Downtime starts from the moment the incident ticket is opened by NetworkGrid. Downtime is considered to be fixed upon the moment when the ticket is closed and the respective notification is sent to the Customer.

The following time periods do not count as Downtime:
• Non-compliance of the Services with the Service Levels due to any Excluded Cause according to the MSA, available at http://networkgrid.io/legal;
• Time spent by NetworkGrid resolving reports by Customer which do not specify a Defect.

3. Service Credits

4. Emergency Maintenance.

5. Miscellaneous

Service Credits shall not entitle Customer to any refund, reimbursement or other payment from NetworkGrid. Service Credits shall not be applied or transferred to other accounts of the Customer or of third parties. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly period is greater than twenty five US dollars (USD 25.00).

Notwithstanding anything in this SLA to the contrary, total Service Credits issued to Customer in connection with any calendar month shall not exceed the Base Fee paid by Customer for such month. All Service Credit is calculated on the basis of a 30-day month. To be eligible for Service Credit, Customer must follow NetworkGrid’s published instructions for use of Services and the MSA; improper use shall result in ineligibility. Service Credit shall not be issued if Customer is in breach of the MSA or the applicable Service Order, including breach for non-payment. Service Credit will only be issued if Customer has paid in full for Services covering the time period within which the Service Credit is requested. NetworkGrid reserves the right to periodically change the measurement points and methodologies it uses. This SLA sets forth Customer’s sole and exclusive remedy for a Downtime or other service outage.

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