EnglishThis Service Level Agreement (this “SLA”) governs the use of the Services under the terms of the Master Service Agreement (the “MSA”) between Think Software Service FZ LLC- Wannago Cloud Service. (“Wannago Cloud ”) and customer (“You”) and is incorporated into the MSA by reference. This SLA applies separately to each of Your Accounts. Wannago Cloud may update, amend, modify or supplement this SLA from time to time. A current copy of the SLA Framework is located at https://cp.wannagocloud.com/terms-of-service Capitalized terms used herein but not otherwise defined will have their respective meanings set forth in the MSA. In the event of any conflict between this SLA and the MSA, the MSA will govern.
- DEFINITIONS
"Cloud Server" means Your unique virtual machine instance.
"Cloud Server Fees" means the fees for the server instance for the monthly billing period in which the failure occurred.
"Cloud Server Host" means the physical server which hosts Your Cloud Server.
"Data Center Network" means the portion of Wannago Cloud ’s cloud network extending from the network egress point of Your Cloud Server Host to the outbound port of the data center border router.
“Power” means UPS’s, PDU’s and cabling, not including power supplies in the Cloud Server.
“Scheduled Maintenance” means maintenance that is announced at least ten (10) business days in advance, and that does not exceed sixty (60) minutes in any calendar month.
- SERVICE
Wannago Cloud will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed to under Your Account.
- SERVICE AVAILABILITY
3.1. Definitions.
- “Service Availability” means Network Availability, Cloud Voice Availability and Storage Wannago Cloud will use commercially reasonable efforts to provide 99.999% Network Availability, 99.9% Cloud Server Host Availability, and 99.9% Storage Availability measured on a calendar-month basis.
- “Network Availability” means the monthly uptime percentage excluding Scheduled Maintenance that Wannago Cloud guarantees during any monthly billing cycle.
- “Cloud Server Host Availability” means the functioning of all Cloud Server Hosts
including compute, storage, and hypervisor that Wannago Cloud guarantees during any monthly billing cycle.
(d) “Storage Availability” means Wannago Cloud shall provide a storage service that is implemented by enabling the mounting of a file system to a server, using one or more standard protocols. A cloud storage failure occurs when You cannot retrieve data through any of the supported protocols, due to problems with hardware and software in Wannago Cloud control. Data retrieval issues caused by problems connecting to the Service, including without limitation problems on the Internet, do not constitute a failure. Under no circumstances will Wannago Cloud be responsible for the restoration of any data to cloud storage or for the loss of any data.
3.2. Exclusions. Loss of Service Availability caused by (i) issues beyond Wannago Cloud ’s reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet availability, Your portion of the network, IP transit provider issues, SYN attacks, or any other Force Majeure Event, or (ii) other issues addressed in this SLA, will be excluded from Service Availability calculations.
- Availability Calculations. To calculate Service Availability, Wannago Cloud uses a combination of methods, including analyzing logs from both Wannago Cloud ’s event monitoring system and the actual affected infrastructure components. Wannago Cloud will match these findings with client reports to determine the actual timeframe. Any loss of Service Availability less than five (5) minutes in duration will not be included in the calculation of Service Availability.
- SERVICE AVAILABILITY CREDIT
4.1. Service Availability Credit Request and Payment Procedures. To request a Service Availability Credit, (a) Your Account must be in good standing with Wannago Cloud , (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at [email protected] in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits.
Wannago Cloud will compare information provided by You to the data referenced in Section 3.3 above. A Service Availability Credit will be issued only if Wannago Cloud confirms from such data that a Service Availability Credit is available. Wannago Cloud will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service and the percentage of overall individual Service affected.
4.2. Limits On Service Availability Credit & Sole And Exclusive Remedies. The total Service
Availability Credit due to You for any Cloud Server affected may not exceed fifty percent (50%) of the monthly fees charged for use of any Cloud Server during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00) in which case the credit amount will be one dollar ($1.00). Only one Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.
Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Wannago Cloud of the MSA or this SLA.
- TECHNICAL SUPPORT
Wannago Cloud will use commercially reasonable efforts assist You, through Your authorized Account contacts, with setting up and configuring Your Account, accessing the Services, and resolving other issues related to the Services. Only Your authorized Account contacts may request information, changes, or technical support pursuant to the MSA. Wannago Cloud ’s technical support response time depends on the complexity of the inquiry and support request volume. For more information, visit the technical support page of Wannago Cloud ’s administrative control panel.
- M ANAGEMENT
6.1. Account Management Tools. Through Your authorized contacts, You may manage Your
Account with Wannago Cloud 's online management tools, the administrative control panel, and end-user control panel. Wannago Cloud will not be required to perform for You any task that can be done through the control panels.
6.2. Custom Configuration. Requests for modification to the standard configuration of the Services will be considered on a case-by-case basis. Approval of such modifications will be at Wannago Cloud ’s so le discretion. Wannago Cloud does not guarantee any particular result from non-standard configurations nor can it be held liable in any way for Service performance changes or failures which result from non-standard configurations.
6.3 Additional Services. For tasks that cannot be performed through the administrative control panel, You may request that Wannago Cloud perform professional services on a time and materials basis. The request will include a detailed description of work and the authorized amount of time, in half hour increments, to perform the work. Wannago Cloud may evaluate and revise the request (including the estimated number of hours to perform the work) and reserves the right, in its sole discretion, to decline any request. Any additional services will be performed at Wannago Cloud ’s standard published rates, provided that any emer gency services that require commencement within twenty-four (24) hours will be charged at one and a half (1.5) times Wannago Cloud ’s standard published rate. Wannago Cloud will use commercially reasonable efforts to perform requested additional services. However, Wannago Cloud does not guarantee any particular result from performance of additional services or make any representations or warranties regarding such additional services nor can it be held liable in any way (including for any credits) for Service performance changes or failures which result from performing tasks requested byYou. Wannago Cloud may require a separate agreement for any of these additional services.
- M AINTENANCE
7.1. Scheduled Maintenance. In order to maintain performance and security of the Services, Wannago Cloud performs Scheduled Maintenance within its published maintenance windows. This may require specific Services to be suspended during the maintenance period. Loss of Service Availability due to Scheduled Maintenance will not be included in the calculation of Service Availability. Wannago Cloud will use commercially reasonable efforts to notify You in advance of any Scheduled Maintenance that may adversely affect Your use of the Services.
7.2. Emergency Maintenance. Wannago Cloud may need to perform emergency maintenance,including security patch installation or hardware replacement. Wannago Cloud will not be able toprovide You with advanced notice in case of emergency maintenance. Loss of Service Availabilitydue to emergency maintenance will be excluded from calculations for Service Availability.
- STORAGE CAPACITY; D ATA TRANSFER; SERVER RESOURCES
Each Cloud Server is allotted storage capacity on Wannago Cloud ’s cloud according to the Services and selected by You. This storage size can be increased through the administrative control panel for no additional charge up to the maximum amount allowed for the Services and related options. The servers may stop accepting, processing or delivering Data, including e-mail messages, when the purchased limit is reached thus causing a loss of Service Availability or Data loss. Wannago Cloud will not be responsible for such loss of Service Availability or Data losses, and such loss of Service Availability will be excluded from calculations for Service Availability.
- CERTAIN LIMITATIONS
9.1. Anti-Virus Checking. Wannago Cloud does not provide anti-virus checking on Cloud Servers started and configured by end users. You are solely responsible for protecting all the self-configured cloud servers and clients that interact with the servers
9.2. Data Restoration from Back-up Request. Wannago Cloud Cloud Servers are subject to regularly scheduled nightly incremental backups. Data restore requests initiated by You may be initiated through the administrative control panel as an extended service request, subject to availability of the relevant Data.
9.3. Data Retention. Regularly scheduled nightly backups of Data on Cloud Servers will be retained for one (1) week. If You purchased additional back-up services, backups for a longer duration are available. These backups are available for the duration of the retention period afterthe Cloud Server is deleted by end user. However, Wannago Cloud does not guarantee the availability of backups after the expiration of the retention period after the last backup of the Cloud Server. Wannago Cloud is not responsible for retaining any of Your Data after termination of Your Account. Your Data may be deleted promptly after Your Account is terminated and from backups during scheduled backup rotation. Wannago Cloud will not restore, provide on any storage media or send out Data pertaining to terminated Accounts, unless specifically noted in a customized service any agreement.
It is Your responsibility to back-up and migrate Your Data prior to termination of Your Account or
any other action which can lead to deletion of any of Your Data from the Services. For more
information on collection, retention and use of customer information, refer to Wannago Cloud ’s Privacy Policy
9.4. Compatibility. Wannago Cloud does not guarantee compatibility of the Services with any specific customer configuration of hardware or software. You are encouraged to discuss any technical and compatibility issues with our technical support personnel.