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Service Level Agreement

We guarantee that Lumanox, LLC. service will be available 99.9% of the time in a given billing cycle. If we fail to meet this guarantee, you will be eligible to receive a credit to your account. Credits apply to affected volumes only.

Unavailability

Unavailability means: (i) The Lumanox, LLC. service returns a server error response to a valid user request during two or more consecutive 90 second intervals, or (ii) data stored on Lumanox, LLC. volumes becomes inaccessible. Unavailability due to scheduled maintenance is excluded from these conditions and does not contribute towards unavailability calculations.

Credits

If we fail to meet a guarantee stated above, you will be eligible for a credit. Credits will be calculated as a percentage of your last billed fee for the effected Lumanox, LLC. service, or at your option, your fee for the current billing cycle. Credits will be applied at the end of your current billing cycle. Credits will be based on the duration of the unavailability that exceeds the 99.9% threshold as follows:

Total Lumanox, LLC. Available Time (for given billing cycle) Credit Amount

  • 100% - 99.9% 0%
  • 99.89% - 99.5% 10%
  • 99.49% - 99.0% 25%
  • 98.99% - 98.0% 40%
  • 97.99% - 97.5% 55%
  • 97.49% - 97.0% 70%
  • 96.99% - 96.5% 85%
  • Less than 96.5% 100%

Definitions: For purposes of this Service Level Guarantee:

"Lumanox, LLC. service" means the Lumanox, LLC. Authentication Service, Storage System, and REST web service interfaces, and related back-end systems; "storage volume" or “volume” means a logically identified container or dataspace provisioned within the Lumanox, LLC. service for your use. "scheduled maintenance" means maintenance that is announced at least 72 hours in advance, and that does not exceed sixty minutes in any calendar month. "server error response" means an HTTP return status code between 500-599;

Limitations

You are not entitled to a credit if you are in breach of your services agreement with Lumanox, LLC. (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 Lumanox, LLC. or your misuse of the Lumanox, LLC. service.

To receive a credit, you must contact your Lumanox, LLC. Support Team within thirty (30) days following the end of the downtime. You must show that your use of the Lumanox, LLC. service was adversely affected in some way as a result of the downtime to be eligible for the credit.

This Service Level Guarantee is your sole and exclusive remedy for Lumanox, LLC. unavailability.

Notwithstanding anything in this Service Level Guarantee 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 will not be carried forward to future billing periods.