1. INTRODUCTION

Comhard Technologies Private Limited ("Comhard") is the provider of Virtual Private Server ("Services") and related cloud services to its valued customers ("Customers"). This SLA governs the service levels for the provision of these Services and must be reviewed alongside Comhard's Terms of Service ("Terms").

2. DEFINITIONS

• Uptime (UT): The percentage of hours in a calendar month during which the Services are accessible to Customers. UT = 100% – Downtime (DT).
• Downtime (DT): The percentage of hours in a billed month during which specific Services offered by Comhard were inaccessible to Customers. Downtime is any unexpected, unplanned, or unexcused service interruption that occurs within Comhard’s responsibility.
• Service Time (ST): The total hours in the calendar month during which Comhard provides Services.
• Emergency Maintenance (EM): Maintenance conducted under circumstances that pose a threat to system, equipment, network, or facility integrity required for Service delivery. Comhard will make reasonable efforts to notify Customers about emergency maintenance in advance.
• Excused Unavailability (EU): The number of hours in any month during which Comhard may perform troubleshooting or upgrades to enhance Services, with prior notification to Customers. Emergency Maintenance are considered part of Excused Unavailability. Excused Unavailability (EU) is not counted as downtime and it is not eligible for rebates.
• Planned Downtime (PD): The number of hours in any billed month during which downtime is scheduled by Comhard for maintenance activities. Customers receive advance notice of Planned Downtime.
• Rebates: Compensation provided to Customers as outlined in Clause 6 of this SLA.
• Force Majeure Event: Extraordinary events beyond Comhard's control that may impact Service provision, such as natural disasters, epidemics, cyber threats, government actions, and acts of nature.

3. UPTIME POLICY

It should Uptime during a month fall below 99.5%, Comhard will issue Rebates to Customers as follows:

• 99.5% or higher: No Service Extension
• 99.5% to 99%: Service Extension for 1 day beyond the Service period
• 99% to 98%: TService Extension for 2 days beyond the Service period
• 98% to 97%:Service Extension for 3 days beyond the Service period
• Less than 97%: Service Extension for 3+n days, where n is equal to 97 minus Uptime. Alternatively, Comhard may offer equivalent credits or discounts at its discretion in the next billing cycle.

4. Severity, Impact, and Urgency-Based SLA

Severity Levels : Comhard defines severity based on the impact and urgency of the issue. This framework ensures that critical issues are addressed with the highest priority.

4.1 Impact:

• Extensive (1)
• Significant (2)
• Moderate (3)
• Minor (4)

4.2 Urgency:

• Critical (1): Affects an entire service with no workaround available.
• High (2): Affects a key function of business operations with limited or temporary workarounds.
• Medium (3): Moderately affects a user's role, with available workarounds.
• Low (4): Has minimal impact on services; workarounds are easily available.

4.3 Priority Matrix:

The Priority Matrix combines the Impact and Urgency of issues to determine the appropriate priority, ensuring that the most critical issues are addressed first. The First Response Time (FRT) and Resolution Time for each priority level will be calculated based on Comhard's business working hours.

Priority Matrix according to Impact and Urgency:

Service Level Agreement (SLA) defined according to the Priority, Impact and Urgency:

Note: SLA commitments are applicable only if the customer has opted for managed services from Comhard.

5. DOWNTIME REPORTING AND REBATES

5.1 Customers are required to report any Downtime to Comhard within 24 hours of discovering it. Reports should be sent via email from the registered email ID to support@comhard.co.in.

5.2 Upon receiving such reports, Comhard will promptly investigate the reported Downtime and make reasonable efforts to rectify it. Failure to adhere to the reporting guidelines will result in the email not being considered a valid Downtime report.

5.3 Eligibility for Rebates:

• Rebates are only applicable to Downtime for which Comhard's support team has been notified by the Customer.
• Rebates are calculated per incident and as a percentage of availability over a billed month. Downtime periods are not aggregated for Rebate calculation.
• Customers must request Rebates by sending an email to support@comhard.co.in with the subject "SLA Rebate Request," providing details of the reported Downtime.
• Failure to request Rebates within 2 days of the end of the billed month for which they are due will result in the waiver of Rebates for that Downtime.
• Rebates can be applied to future invoices and do not entitle Customers to a refund.

6. EXCEPTIONS

Comhard shall not be held responsible for Downtime resulting from:

• Customer-Requested Service Modifications: Downtime resulting from changes or alterations made to the Services at the specific request of the Customer will not be considered.
• Customer Software and Third-Party Services: Any interruptions arising from defects or failures in the Customer's own software or the use of third-party services or facilities procured or operated by the Customer will not be attributed to Comhard. This includes third-party Open Source Software or Software Licenses provided by Comhard.
• Incomplete or Inaccurate Information: Downtime caused by incomplete or inaccurate information provided by the Customer regarding the Services or information relevant to creating a Customer account will not be considered Comhard's responsibility.
• Third-Party Internet Networks: Interruptions or Downtime caused by the performance of traffic exchange points, Internet networks, or exchanges controlled by third parties are beyond Comhard's control and will not be counted as Service Downtime.
• Customer Obligations: Downtime resulting from delays or failures in the Customer's compliance with their obligations under the Terms of Service and/or Master Services Agreement (MSA) will not be considered Comhard's responsibility.
• DNS Issues Outside Comhard's Control: DNS (Domain Name System) issues that are beyond Comhard's direct control and do not originate from its infrastructure will not be counted as Downtime.
• Customer Network and Links: Downtime arising from failures in Customer links, access circuits, local loops, firewalls, routers or any network not owned or operated by Comhard is outside the scope of Comhard's responsibility.
• Offline Backups: Downtime caused by the time taken during offline backups, whether planned or requested by the Customer after advance notice by Comhard, will not be attributed to Comhard.
• Customer-Induced Equipment Damage: Downtime resulting from damage to or faults in equipment that facilitate access to the Services due to accidents, transportation issues, neglect, or misuse by the Customer or their authorized representatives will not be considered Comhard's responsibility.
• Misuse of Data Center Services: Downtime caused by the misuse of data center services by the Customer for purposes unrelated to accessing the Services is beyond Comhard's responsibility.
• Customer Neglect to Notify: Downtime due to the Customer's failure to notify Comhard about unexpected Downtime through the support email provided will not be counted against Comhard.
• "No Trouble Found" Support Requests:Downtime incidents where a support request results in a determination of "no trouble found," as confirmed by the Customer, will not be considered Comhard's responsibility.
• Customer's Failure to Release Service: Downtime resulting from an interruption where the Customer chooses not to release a Service for testing and repair and continues to use it on an impaired basis without notifying Comhard, will not be attributed to Comhard.
• Customer-Induced Errors and Negligence: Downtime arising from Customer-induced errors, non-compliant use of software, incorrect resource sizing, negligence, or other conduct of the Customer or its authorized personnel, including failures or malfunctions resulting from applications or services provided by the Customer, will not be considered Comhard's responsibility.
• Regulatory Events: Downtime caused by regulatory events that lead to Service interruptions will not be counted against Comhard.
• Abuse, Fraud, or Non-Compliance: Downtime resulting from Customer abuse, fraud, or non-compliance with the "Terms of Service or MSA, as applicable," for which the Customer is liable, will not be attributed to Comhard.
• Factors Beyond Comhard's Control: Downtime or unavailability caused by factors outside Comhard's reasonable control, including Force Majeure Events or internet access-related problems beyond Comhard's control or beyond the scope of the Services, will not be considered Comhard's responsibility.
• Cyber Threats and Security Incidents: Downtime resulting from cyber threats, such as Distributed Denial of Service (DDoS) attacks, ransomware, malware, or other cyber incidents, including those impacting the security and performance of Comhard's infrastructure or third-party services used by Comhard, will not be counted as Service Downtime if caused by factors outside Comhard's control. This also includes security-related incidents that necessitate urgent security updates or measures to safeguard the infrastructure and data

7. CALCULATION OF REBATES

The calculation of applicable credits for Rebates will commence from the time Comhard's Support is notified by email and conclude upon the resolution of the reported outage.

8. DATA INTEGRITY AND SECURITY

Comhard does not assume responsibility for data integrity and security. It is the Customers' responsibility to implement appropriate security measures, safeguard passwords and security keys, and manage data backup and recovery plans.

9. SOLE REMEDY

Unless explicitly stated in the Terms of Service, this SLA constitutes the sole and exclusive remedies available to Customers and the sole obligations of Comhard for any unavailability, non-performance, or other failures related to Service provision.

10. MODIFICATIONS TO SLA

Comhard retains the right to modify this SLA at any time by publishing a revised version on its website. Customers are bound by the amended SLA if they continue to use the Services. By utilizing Comhard's Cloud services, Customers acknowledge and agree to the terms outlined in this SLA, recognizing its legally binding nature.