Service Level Agreement

This Service Level Agreement ("SLA") is incorporated by reference into the Server and Network Lease Master Services Agreement (“MSA”) between 639 DC MAIN LLC dba as 639Cloud (“Provider”) and the customer entity that entered into the MSA and/or executed the applicable Work Order (“Customer”). Capitalized terms not defined herein shall have the meanings set forth in the MSA.

1. Purpose and Scope

This SLA defines the service availability targets and related support terms applicable to the following services provided by Provider (each a "Hosted Server Service" and collectively the "Services"):

Virtual Private Server (“VPS”); and Bare Metal Server (“Bare Metal”) Services, , including (i) data center power and HVAC, (ii) network accessibility to servers, and (iii) availability of the underlying physical server hardware. . It applies separately to each Customer and each applicable Order Form.

In the event of any conflict between this SLA and the MSA, the SLA shall control solely with respect to defined service levels and Service Credits. Abuse-related reports concerning Services use may be submitted to abuse@639cloud.com.

This SLA does not apply to trial periods.

2. Validity and Duration of the SLA

2.1. Term. This SLA remains in effect for the duration of the applicable Order Form and shall terminate upon expiration or termination of the related Services pursuant to Section 3 (Term and Termination) of the MSA.

2.2. Updates to this SLA. Provider may make commercially reasonable updates and improvements to the SLA which are effective upon notice.

2.3. Services Availability. Provider will use commercially reasonable efforts to meet the 95% Services Availability for the Services.

2.4. Calculations for Services Availability. % Services Availability = (Total minutes Services are available and running) ÷ (Total actual minutes in the applicable month - Minutes of downtime due to any Exclusions) x 100% .

2.5. Additionally, Provider will use commercially reasonable efforts to meet the following Service Levels for the specific Services Components, using the same calculation as set forth above in relation to the specific Services Components:

3. Fault Reporting and Monitoring

Failures must be reported via Provider’s ticketing system, and failure to report issues shall result in ineligibility for Service Credits. Issues must be confirmed by Provider’s monitoring systems for SLA purposes.

4. Service Credits

4.1. Availability-Based Credits.

a) The total number of Credits issued by Provider to Customer for any downtime in a single billing month will not exceed 50% of the amount due from Customer for the Services for the applicable month.

b) The maximum sum of all Service Credits for Services applied in a single calendar year shall be no more than the aggregate of two (2) billing month’s Service Fees (excluding any set-up fees, fees payable for hardware, and other virtual equipment) payable.

4.2. Exclusions from Credits. Service Credits shall not apply to downtime resulting from:

a) Customer-side or third-party systems;

b) Scheduled or Emergency Maintenance;

c) Force Majeure (See Section 12 of the MSA);

d) Suspension of Customer’s right to use the Services; or

e) Misuse of the Services by Customer.

All of 4.2(a)-(e) are collectively referred to as “Exclusions.”

4.3. Claiming Credits. In order to receive the Service Credits, Customer must notify Provider by submitting (i) a report via Provider’s ticketing system promptly, and (ii) a request for Service Credits to support@639cloud.com within 10 days . Service Credits are in the form of monetary credit, and will be applied to future invoices only and are non-refundable (see also Section 5 (Fees and Payment Terms) of the MSA).

4.4. Sole and Exclusive Remedy. SERVICE CREDITS PROVIDED UNDER THIS SLA ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND PROVIDER’S SOLE AND EXCLUSIVE OBLIGATION FOR ANY FAILURE TO MEET SERVICE LEVELS.