Ace Public Cloud - Legal Documents

Ace Public Cloud Service Level Agreement

Purpose and Scope

The Public Cloud Service Level Agreement (the “SLA”) governs the usage of Real Time Cloud Services, LLC (dba Ace Cloud Hosting, hereinafter referred to as “Ace”) services and is used to measure the standard assured uptime guarantee. This SLA applies to each customer’s/client’s contract independently. If the terms of this SLA and the terms of service are in conflict, the provisions of this SLA shall take precedence, but only to the extent of the disagreement. The SLA also serves to establish the rules of engagement between Ace and the customer/client.

Uptime Guarantee

Ace Cloud guarantees a 99.99% uptime depending on networks and host node availability through this SLA. This SLA is given in addition to the public cloud Terms and Conditions you agreed to when you became an Ace customer/client, which are thus incorporated by reference as an essential element of this SLA.

This uptime guarantee applies to each service item listed below individually and is not applied to your bundle of services. For example, if you have taken five services with us and one of them goes down, any credit you receive under this uptime guarantee will be applicable to that one service which suffered downtime and not all the five services. This uptime guarantee does not include Ace’s web property, DNS servers, API, or control panel.

Ace Cloud will make commercially reasonable efforts to ensure that each Ace service identified below is available in a given calendar month:

Availability Calculation

The availability percentage is calculated by the total number of minutes during the month when any type of Ace Cloud service was unavailable divided by total number of minutes in the month (in percentage) and subtracting it from 100%.

Formula= 100 – ((Total number of minutes during the month when any type of Ace service was unavailable/ Total number of minutes in the month) * 100)

Limitation

The following are the exceptions under which Ace will not provide credits for any service unavailability.

These limitations are as follows:

1. Ace Cloud services are considered unavailable when they have no external connectivity.
2. The following points will be eliminated from any time-based calculations relating to Ace services being unavailable:
   1. Maintenance windows that are periodic, recurrent, or have no effect.
   2. Unavailability because of your mis-usage of any Ace service.
   3. Unavailability resulting from problems with your facilities, software, or any other technology, as well as third-party facilities, equipment, services, apps, or any other technology.
   4. Unavailability due to late or no payment or outdated version of third-party software, or any failure to apply a significant update to the third-party software.
   5. Denial of service assaults, virus or hacker attacks, or defects in software, hardware, or services for which no economically feasible known remedy exists (even if there is a known workaround).
   6. Any other incident over which Ace has no direct control and which could not have been avoided with commercially reasonable care.

Although Ace Cloud will make every attempt to notify in advance regarding any outages leading up to planned/scheduled, recurrent, or zero damage maintenance intervals as indicated above, this is not always feasible. We will notify via email and the customer/client can also check our service status through the links which we will be provide. Apart from the above scenarios, service disruptions caused by emergency maintenance would be treated as limitations comparable to planned maintenance windows. Ace Cloud downtime does not exceed 4 hours in any month.

Outage Credits

If any of the Ace services fails to meet the availability commitment (per month), you will be eligible for a service credit, as detailed below:

You must open a support request regarding the downtime of the service. Initiating a support request and seeking a credit is what sets off an event that might result in a refund. Ace must still decide whether or not a qualifying outage occurred. If we decide that such an acceptable outage occurred, the support request you created will be utilized to produce a compensation based on every outage as per the details mentioned in the table below:

Service credit is computed as a percentage of the total costs paid by you (excluding one-time payments) for the individual Ace service during the full month in which the outage occurred, as outlined below:

All other conditions, limits, exclusions, disclaimers, and obligations stated in Ace Cloud Terms and Conditions apply to this SLA.