Service Level Agreement

This SLA attempts to quantify the levels of service that customer (hereinafter referred to as “CUSTOMER”) of Appandus Sdn Bhd (hereinafter referred to as “APPANDUS”) can expect, and the remedies we offer in case APPANDUS fails to provide service at those levels.

APPANDUS is committed to offering an exceptional level of service to all customers. Our SLA guarantees CUSTOMER’s website and/or email service availability, reliability and performance. APPANDUS is committed in providing a highest possible 99.99% premium SLA uptime and 99.9% standard SLA uptime for its paid services in the subscription industry. It is CUSTOMER’s responsibility to be aware of the service SLA, APPANDUS is not responsible for informing the customers on the SLA. The SLA described within this agreement is only applicable for services that are hosted and managed by APPANDUS and does not cover 3rd party licensed products such Google Services, Apple Services, Office 365, Duda Website Builder, Mailblast, SiteLock and any other 3rd party licensed product not mentioned.

%	Downtime Per Year	Downtime Per Month*
99.9%	8.76 Hours	43.2 Minutes
99.99%	52.56 Minutes	4.32 Minutes

1. PREMIUM SLA

• 1.1. Premium SLA covers web subscription services that are hosted on our premium network which has a 99.99% uptime guarantee attached to it.
• 1.2. If the Service in our premium SLA does not achieve the performance levels described in Parts A, B, E, and G in the Clause 3. LIMITATIONS AND WARRANTY DISCLAIMER below (hereinafter referred to as “FAILURE”), APPANDUS will provide CUSTOMER with a 100X Service Credit pursuant to the provisions, requirements, and limitations of this SLA.
• 1.3. The amount of compensation to the CUSTOMER cannot exceed 100% of the monthly fees paid for that service, or monthly fees on a pro-rata basis if the payment period is not monthly. This SLA does not apply for any month that the CUSTOMER has been in breach of Terms and Conditions or AUP, or if the account is under suspension for delay in payment. Duplication of SLA compensation is not allowed.
• 1.4. A “100X Service Credit” is a credit equivalent to one hundred (100) times CUSTOMER’s fees for the impacted Service feature for the duration of the FAILURE. (For example, where applicable: a FAILURE lasting eight (8) hours would result in credit of eight hundred (800) hours of free service for the feature in question; a Failure lasting fifteen (15) minutes would result in a 1500-minute, or 25-hour, credit.)For Example:
  

  Downtims	5 Hours
  Subscription Fee (Yearly)	RM 190.00 /Year
  Subscription Fee (Daily)	190.00/365 = RM 0.521
  Subscription Fee (Hourly)	0.521/24 = RM 0.022
  SLA Credit	RM 0.022 x 5 x 100 = RM 11.00

• 1.5. 100X Service Credit covers only the subscription fees. All other fees such as setup fees, upgrade fees, managed services fees and other miscellaneous fees (e.g. managed firewall service, managed monitoring service) are not included.

2. STANDARD SLA

• 2.1. Standard SLA covers web subscription services that are hosted on our standard network and successfully perform with the 99.9% uptime.
• 2.2. If the Service in our standard SLA does not achieve the performance levels described in Parts A, B, E, and G in the Clause 3. LIMITATIONS AND WARRANTY DISCLAIMER below (“FAILURE”), APPANDUS will provide CUSTOMER with a 10X Service Credit pursuant to the provisions, requirements, and limitations of this SLA.
• 2.3. The amount of compensation to the CUSTOMER cannot exceed 50% of the monthly fees paid for that service, or monthly fees on a pro-rata basis if the payment period is not monthly. This SLA does not apply for any month that the CUSTOMER has been in breach of Terms and Conditions or AUP, or if the account is under suspension for delay in payment. Duplication of SLA compensation is not allowed.
• 2.4. A “10X Service Credit” is a credit equivalent to ten (10) times CUSTOMER’s fees for the impacted Service feature for the duration of the Failure. (For example, where applicable: a Failure lasting eight (8) hours would result in credit of eighty (80) hours of free service for the feature in question; a Failure lasting fifteen (15) minutes would result in a 150-minute, or 2 and a half hour, credit.)
  

  Downtime	5 Hours
  Subscription Fee (Yearly)	RM 190.00 /Year
  Subscription Fee (Daily)	190.00/365 = RM 0.521
  Subscription Fee (Hourly)	0.521/24 = RM 0.022
  SLA Credit	RM 0.022 x 5 x 10 = RM 1.10

• 2.5. 10X Service Credit covers only the subscription fees. All other fees such as setup fees, upgrade fees, managed services fees and other miscellaneous fees (e.g. managed firewall service, managed monitoring service) are not included.

3. LIMITATIONS AND WARRANTY DISCLAIMER

• 3.1. The remedies set forth in this SLA are CUSTOMER’s sole and exclusive remedies for any FAILURE or other FAILURE of the service, including without limitation for any breach of warranty, except as specifically set forth in the Terms and Conditions. PERFORMANCE PURSUANT TO PARTS C, D, F, H AND I BELOW IS NOT GUARANTEED, AND NEITHER THIS SLA NOR ANY OTHER PORTION OF THE AGREEMENT WITH CUSTOMER PROVIDES CREDITS OR OTHER REMEDIES FOR FAILURES TO MEET THE STANDARDS LISTED THERE.
  1. NETWORK AVAILABILITY
     • APPANDUS guarantees network availability of 99.99% for our premium SLA and 99.9% for our standard SLA in each year, excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from APPANDUS to its backbone providers.
     • This SLA does not cover (without limitation):
       (a) network performance at CUSTOMER’s physical location or internet access point (such as a local DSL/cable modem); or
       (b) failures due to denial of service attacks.
  2. HARDWARE REPLACEMENT
     • In case of hardware failure, APPANDUS will execute 120-minute replacement of the following APPANDUS provided hardware:
       – Hard drive
       – Memory
       – Processor
       – Power supply
       – Network Interface Card (two per server)
       – Motherboard (results in complete server replacement)
       – Hardware firewall
     • APPANDUS will repair or remove and install reasonably comparable replacements if we determine, at our sole discretion, that the hardware is defective. The period listed above begins upon such determination. The period listed above refers only to the time required to physically repair or replace the failed hardware element and does not apply to any time spent: (a) addressing data, operating systems, or other software or systems corrupted or destroyed by hardware failures; or (b) communicating with CUSTOMER regarding permissions or instructions.
  3. SUPPORT RESPONSE GUARANTEE
     • Initial response time in Ticketing System is between 30-60 minutes.
     • Ticket ID will be provided to CUSTOMER automatically after opening of a support case (via submitting a ticket), and a APPANDUS support engineer will review the support request within the timeframe listed above. Resolution and repair times vary, and this SLA does not address them, as it only addresses the initial response time.
     • LiveChat and phone initial response time is 2 minutes. Since any and all technical support is provided in our Ticketing System, CUSTOMER will be requested open a case by submitting a ticket to APPANDUS in order for our technical team to proceed reviewing the case. The LiveChat and phone customer care is mostly provided for consultation and APPANDUS reserves the right to refuse to conduct technical support via phone or LiveChat.
  4. DOMAIN NAME SERVER
     • APPANDUS provides primary DNS availability with 99.9% uptime. A period of DNS failure is any time during which 99.9% of APPANDUS’s Domain Name Servers simultaneously fail to respond to requests for domain name resolution.
     • This SLA does not guarantee propagation of DNS data across the Internet or the subscription of secondary DNS service for CUSTOMER’s primary domain in another location, and it does not provide guarantee against zone inaccuracies due to operator error.
  5. POWER AVAILABILITY AND PERFORMANCE
     • APPANDUS will provide the power performance as listed below:
       – Availability: 100%
       – Voltage fluctuations: +/- 10%
     • A power FAILURE is a sudden loss of electrical power or a voltage fluctuation, exceeding the limits above, in any part of the delivery system (utility company supply, on-site generation, UPS, circuit, or power strip) which causes CUSTOMER’s hardware to shut down. A period of power-related FAILURE is measured from the time CUSTOMER opens the case to the time that the electrical supply is restored, and does not include any time required to remedy any issues resulting from the electrical failure.
  6. COOLING AND ENVIRONMENT
     • APPANDUS will provide optimal cooling and physical environment as listed below:
       – Data Center Temperature: 67 – 74 degrees Fahrenheit
       – Relative Humidity: 35% – 60%
     • As used in this SLA: (a) relative humidity is the ratio of water vapor density (mass per unit volume) to saturation water vapor density, expressed in a percentage; and (b) both temperature and relative humidity are averages of several measurements, each from one of the computer server subscription facility’s CRAC (computer room air conditioning) units. APPANDUS will monitor, but is not required to report to CUSTOMER on, environmental conditions in the facility.
  7. SERVER POWER CYCLING
     • APPANDUS will provide server power cycling service to CUSTOMER upon official request within the following time frame:
       – Server power cycling: < 30 minutes
     • The Service includes an automated system for cycling each individual power circuit. CUSTOMER can submit ticket to request an immediate power cycle (a “Reboot Request”). This SLA applies only to requests for power cycling initiated through APPANDUS’s Ticketing System. The figure listed above is the maximum period between the time of the Reboot Request and either the actual server power cycling or notice to CUSTOMER that the power cycling failed. To qualify for a credit, CUSTOMER must open a case (submit a support ticket) requesting a manual server power cycle.
  8. 24X7X365 TECHNICAL SUPPORT
     • APPANDUS will provide 24x7x365 technical support.
     • APPANDUS will maintain support engineers actively on duty 24 hours per day, every day of the year. These engineers will provide technical support in the facility via Ticketing System.

4. CREDIT REQUIREMENTS AND EXCEPTIONS

• 4.1. The following is required in order to apply for service credits:
  1. CUSTOMER shall open a Case (by submitting a support ticket) during the FAILURE in question. CUSTOMER will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction via opening a case in the Ticketing System. However, at APPANDUS’s sole discretion, a APPANDUS representative may open a case for CUSTOMER, and CUSTOMER will provide all information required in the preceding sentence to the support representative.
  2. CUSTOMER must provide APPANDUS with accurate and complete designated points of contact, using APPANDUS’s Ticketing System. CUSTOMER must provide APPANDUS with accurate passwords for maintenance and repairs. Delays or failures caused by CUSTOMER’s failure to abide by the requirements listed in this clause do not constitute Failures.
  3. Requests for credits must be submitted to our billing department via Ticketing System within 48 of the start of the related FAILURE.
  4. In the event of a system compromise on a host we are not maintaining, it is the responsibility of the CUSTOMER to back up the data and contact us to take action. Our policy is to immediately re-install any compromised servers on our network, as they pose a threat to all of our systems. We can perform a re-installation/restoration for a RM280.00 consulting fee. The typical downtime during one of these re-installations/restorations is within 3 hours.
  5. Credits may not be issued if CUSTOMER’s account is past due, suspended, or pending suspension.
• 4.2. EXCEPTIONS
  The following points described below do not constitute FAILURES:
  1. Downtime during scheduled maintenance or Emergency Maintenance. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe service degradation, as designated by APPANDUS at its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. APPANDUS will exercise reasonable efforts to inform CUSTOMER in advance before interrupting the service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute FAILURE.
  2. Outages caused by acts or omissions of CUSTOMER, including by any use, applications, equipment, or facilities, or by user of the Service authorised by CUSTOMER.
  3. Outages caused by hackers, sabotage, viruses, worms, or other third-party malware and wrongful actions.
  4. DNS issues outside of APPANDUS control.
  5. Outages resulting from Internet anomalies outside of APPANDUS control.
  6. Outages resulting from fires, explosions, or force majeure.

5. SLA REVISIONS

• 5.1. This SLA will be in effect indefinitely but may be superseded by a revised SLA, at the discretion of APPANDUS, at any time. CUSTOMER is responsible for awareness of such revisions. In the event of any conflict between the SLA and Terms and Conditions, the Terms and Conditions will govern.

6. TERMINATION OF CONTRACT

• 6.1. CUSTOMER may terminate their service with APPANDUS, in the event that APPANDUS awards 60 or more days of total credits during any single contract year, provided 3 or more separate instances of FAILURE occurred during such year. However, CUSTOMER may not seek refund or any other type of compensation, as it has already been covered by the credits. For purposes of this clause, a contract year is the 12-month period beginning on first day APPANDUS provides Service.

7. CONTACT INFORMATION

• 7.1. Should you have any questions or concerns in relation to our SLA, kindly contact us during office hours (between 9am to 6pm, Monday to Friday, UTC +8) at the following contact points:
  

  Telephone:	03-7886 3546
  Email:	contactus@appandus.com
  Address:	B307 Kelana Square, Jalan SS7/26, Kelana Jaya Petaling Jaya, 47301 Selangor, Malaysia.