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Service Level Agreement (“SLA”)

(BTRACK INDIA) Service Level Agreement ("SLA") applies to all Virtual / Cloud Servers, Dedicated Hosting Servers, Shared Servers and Co-location clients. The Client agrees that measurements via our “Self Service” portal establish the eligibility for any applicable Performance Credits. In the event that the Client determines a discrepancy in such measurement, Client shall promptly notify (BTRACK INDIA) and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits BtrackCloud (BTRACK INDIA) reserves the right to add, modify, or delete any aspects of the Service Level Agreement at any time at its sole discretion

Definitions

“Actual Uptime” (“A”) means the aggregate percentage of hours (vis a vis the Coverage Hours) in a month during which the Service is actually available for use by Customer /or its client. "Coverage Hours" shall mean 24 hours, 7 days a week, 365 days in a year. “Credits” shall mean such free service as are more particularly detailed herein in Section 7, to which the Customer would be entitled on account of deviations in the quality of Service Levels.

Customer Obligations

1. The Customer shall ensure compliance of standard operating procedures and any changes thereto shall be subject to the prior specific written consent of the Customer. 2. The Customer shall nominate a person to co-ordinate all activities with BtrackCloud and agree upon suitable validation process to identify such person.

Actual Uptime / Availability Of Services

1. BtrackCloud will provide each part of the Service with service availability for the Coverage Hours out of the IDC. 2. The Service shall have an Actual Uptime “A” of 99.00% averaged over a monthly basis and the same shall be calculated as per the following formula: T-S-E-D A = -------------- T-S-E

Performance Reviews

On a monthly basis, a list of reports including a ‘Downtime/ Availability’ report (as shown in Exhibit A), as mutually agreed between both the parties as a part of Services offered by BtrackCloud, would be provided to the Customer by BtrackCloud if asked. Based on the reports or otherwise, the performance would be reviewed every month between BtrackCloud and the Customer’s technical and User teams. Customer may ask for clarifications on the same, which shall be provided by BtrackCloud. SLA’s would also be reviewed if any new Business or operational changes are to be effected.

Fault Reporting, Trouble Ticketing & Call Closure Procedure

1 The Customer personnel shall notify the BtrackCloud IDC HELPDESK to report a Service Outage. The BtrackCloud IDC HELPDESK shall have a Trouble Ticket opened for the Customer and Customer shall quote the Trouble Ticket Number in all future communication. 2. Upon opening of a Trouble Ticket, BtrackCloud shall investigate the reported Service Outage and shall promptly use best industry standard efforts to rectify the same. 3. In case the Call is related to any network equipment or performance, or any repair, which would cause a Service Outage, appropriate notice shall be sent to the Customer, before taking the equipment in maintenance. 4. Any call, which is not resolved within 1 hours of reporting, must be informed to Customer. 5.BtrackCloud shall attempt to resolve all Trouble tickets within 2 (two) hours of logging. The resolution could be repair / replacement or providing a work around which does not hamper the normal productivity of the Customer. 6. BtrackCloud shall ensure that all unresolved calls beyond two hours are informed to Customer. 7. Upon such rectification, BtrackCloud shall communicate the same to the Customer and close the Trouble Ticket. BtrackCloud shall ensure that call closure is done after Customer’s acknowledgement. More specifically in case the Service Outage is related to application software or communication links or any other resource / service not provided by BtrackCloud, BtrackCloud shall communicate the same to the Customer immediately and both Parties shall decide on initiating steps to rectify the deviation. 8. The service window for all the calls shall be 24x7x365 (Trouble Tickets 24x7x365 & Telephonic 9AM to 9PM)

Escalation Procedure

In case where the Customer encounters Service Outage, the following escalation procedure shall ? The Customer should first contact the BtrackCloud Helpdesk and notify the complaint. BtrackCloud shall then immediately issue a Trouble Ticket number. ? If the call is not resolved within one hour by BtrackCloud from reporting to BtrackCloud Helpdesk, Customer may intimate THE SHIFT MANAGER of BtrackCloud IDC. ? If the call is not resolved within two hour thirty minutes from reporting to the BtrackCloud Helpdesk, then Customer may escalate /report to OPERATIONS HEAD of BtrackCloud IDC.

Exceptions

Customer shall not receive any Credits in connection with any Service Outage that is caused by or pursuant to or associated with: ? Failure of the Customer links, access circuits, local loop or any network not owned or managed by BtrackCloud; or total stoppage of any third party services which affects globally the Customer locations to access hosted services and host application processes. ? Time taken during offline backups, either planned or requested by the Customer after advance intimation. ? DNS issues outside the direct control of BtrackCloud; ? Failure of or defect in Customer Material ? Any other acts of commission or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of the BtrackCloud Material and /or Services in breach of terms and conditions of this agreement or in case BtrackCloud suspends the Services as per the provisions and terms and conditions of Agreement ? Damage to or faults in the equipment resulting from (i) accidents, (ii) transportation, (iii) neglect and/or misuse by Customer or its authorized representatives; ? Use of any BtrackCloud Material and /or Services by Customer for purposes other than that for which it was acquired; ? Any act or omission on the part of the Customer including but not limited to failure to notify the HELPDESK of a Service Outage; ? Service Outages in respect of which no Trouble Ticket is logged or Credits have not been specifically requested by Customer; ? Events or occurrences that result in “no trouble found” Trouble Ticket, as confirmed by Customer; ? An interruption where the Customer elects not to release a Service for testing and repair and continues to use it on an impaired basis. ? Regulatory events. ? Any abuse or fraud failure to comply with the Acceptable User Policy on the part of Customer and its end-user. ? Any Force Majeure event

List Of Contact Point For Enforcing This SLA

BtrackCloud Contact point: Name: BtrackCloud Helpdesk E-mail ID: support@btrackindia.com Customer Contact points : Name: Telephone number: E-mail ID: Parties shall promptly inform any change in details of the above contact points to the other Party in order to facilitate proper communication of messages. Any such change shall be effective within 24 (twenty four) hours of receipt of a written notice by the party to whom it is communicated.

Exhibit A

Downtime / Availability Report Format

Credits & Credit Claim Procedure

  • 1 If the Actual Uptime during the month under consideration is less than 99.00 % this will lead to SLA violation and, Btrac kCloud shall provide Credits as set out herein.
  • 2 If the Actual Uptime (A) calculated as per clause 3.2 above is less than 99.00%, the following Credits shall be due to Customer:
A >= 99.00% No Penalty
98% =< A < 99.00% 2 days equivalent of Charges for the Service affected calculated on a pro rata basis
97% =< A < 98% 3 days equivalent of Charges for the Service affected calculated on a pro rata basis
96% =< A < 97% 4 days equivalent of Charges for the Service affected calculated on a pro rata basis
95% =< A < 96% 5 days equivalent of Charges for the Service affected calculated on a pro rata basis
A < 95% 6 days equivalent of Charges for the Service affected calculated on a pro rata basis

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