This Customer Service Level Agreement (“SLA”) is between 0Chain Corp. (“0Chain”) and any customer (each, a “Customer”) that has an agreement with 0Chain (the “Service Agreement”) for 0Chain to provide cloud storage services (the “Services”).
1. DEFINITIONS
Capitalized terms that aren’t defined in context have the meaning assigned to them in this section.
0Chain Infrastructure
The hardware,software, and network, including servers and datacenter colocation and IP connectivity, that 0Chain uses to provide the Services.
Business Hours
Monday through Friday 9:00 a.m. to 5:00 p.m. U.S. Eastern Time on regular business days, excluding legal holidays in which the banks in Dover, Delaware are closed.
Customer Data
All data that 0Chain stores on behalf of Customer pursuant to the Service Agreement.
Downtime
The total number of minutes of Service Unavailability in the applicable calendar month that are not Planned Maintenance.
Fees
The fees that Customer owes to 0Chain pursuant to the Service Agreement in consideration for 0Chain’s provision of the Services.
Planned Maintenance Time
The total number of minutes of Planned Maintenance occurring during the applicable calendar month.
Service Credit
The credit that Customer is entitled to as a result of Service Unavailability in accordance with Section 2.3.
Service Unavailability
Any period of at least two minutes in duration during which:
- One or more of Customer’s users cannot upload, access, or download Customer Data that is stored on 0Chain Infrastructure
- Customer is unable to establish connectivity with 0Chain Infrastructure. Any unavailability due SLA Exclusions does not constitute Service Unavailability
SLA Exclusions
- Factors outside of 0Chain’s reasonable control, such as a force majeure event or internet disruption unrelated to 0Chain
- Hardware or software that is not under 0Chain’s control
- Customer’s actions or inactions
- A suspension or termination of Customer’s account
Total
The total number of minutes in the applicable calendar month.
2 SERVICE AVAILABILITY
2.1. Calculation
0Chain shall make the Services available 99.9% or more of the time in any given calendar month (the “Service Availability”), subject to the exclusions set forth herein. The Service Availability is calculated per calendar month as follows: Total - Planned Maintenance Time- DowntimeTotal - Planned Maintenance Time×100
2.2. Planned Maintenance
0Chain shall use commercially reasonable efforts to avoid scheduling Planned Maintenance during Business Hours; however, if 0Chain requires Planned Maintenance during Business Hours from time to time, 0Chain shall provide Customer with at least 24 hours prior email or other written notice.
2.3. Service Credits
If Service Availability for any calendar month is below 99.9%, then as Customer’s sole and exclusive remedy, Customer will be entitled to claim a Service Credit equal to a percentage of the Fees for that calendar month, according to the following table:
| Service Availability: | Credit: |
|---|---|
| Greater than or equal to 99.9% | 0% |
| Less than 99.9% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 95.0% | 25% |
| Less than 95.0% | 100% |
2.4. Claiming a Service Credit
To claim a Service Credit for a calendar month, Customer shall submit a support ticket through 0Chain Support within 30 business days after the end of that calendar month. Claims may be made on a calendar month basis only. The support ticket must:
- Assert that 0Chain owes a service credit
- Identify the applicable calendar month
- Identify the customer’s account
- Estimate the Downtime for that calendar month
- Identify the known incidences of Service Unavailability during that calendar month. All claims will be verified against 0Chain’s system records. If 0Chain confirms that Customer is entitled to a Service Credit for that calendar month, then 0Chain will process the Service Credit on the following billing cycle
2.5. Restrictions on Service Credits
Customer’s right to claim a Service Credit does not entitle Customer to any refund or other payment from 0Chain. Service Credits may not be transferred or applied to any other account.
2.6. Use of 0Chain or Züs Branded Servers
This SLA applies exclusively to services provided using 0Chain or Züs branded servers. Any services utilizing third-party servers or infrastructure not branded by 0Chain or Züs are not covered under this SLA.
2.7. Applicable Applications
Applicable Applications This SLA applies to the following applications: Vult, Blimp, and Chalk. These applications are provided under the terms of the Service Agreement and are subject to the availability and service commitments described herein.