Subject to the terms of this Agreement, Solar Speed will use commercially reasonable efforts to provide Client the Services listed in Service Order Form. Unless otherwise provided in the applicable Order Form, Services are purchased as a subscription. Solar Speed hereby grants Client a non-exclusive, non-sublicenseable, nontransferable right to access and use the Services during the Subscription Term, solely for Client’s internal business purposes. Solar Speed and its licensors reserve all rights to the Services not expressly granted in this Agreement. Solar Speed reserves the right to create and maintain administrative, support, system, and maintenance accounts within the Service, all with the necessary data access for Solar Speed and its assigned operators and/or other service providers to deliver the Service.
1. SCOPE AND DEFINITION
1.1 “Average Error Rate” means the sum of all Error Rates in all the Time Intervals in a billing month divided by the total number of Time Intervals in such billing month.
1.2 “Error Rate” means the total number of Failed Connection Requests divided by the Total Connection Requests during each Time Interval.
1.3 “Failed Connection Requests” means internal server errors returned by the Service as error status “5XX” for connections requests. 5XX errors caused by back-to-source errors or banned domain names do not qualify as Failed Connection Requests.
1.4 “Monthly Service Fee” means the total charges paid by you for the Services in one billing month. For the upfront lump sum payment paid by you for the Service, Monthly Service Fee equals to the lump sum payment divided by the number of months for the Services covered by such payment.
1.5 “Monthly Uptime Percentage” means a percentage of Service availability calculated by reference to the following formula:
Monthly Uptime Percentage = 100% – Average Error Rate
1.6 “Exclusions” means any unavailability, suspension, or termination of the Service that is due to any of the following:
a) suspension or termination
b) events that are outside of our reasonable control, including any events of force majeure, such as earthquakes, downtime of the relevant submarine communication cables, failure of telecommunications infrastructure or systems, riots, Acts of God, etc.;
c) events that result from any actions or inactions on your part in connection with your use of the Service;
d) events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology;
e) events that result from your failure to adhere to any required configurations for the use of the Service;
g) events that result from your non-payment of any charges payable to us;
h) events that result from critical accidents or failure of the relevant internet service provider(s);
i) Scheduled Downtime;
j) events that result from an Abnormally High Peak Bandwidth, unless you have provided Solar Speed with three (3) business days’ prior written notice regarding the Abnormally High Peak Bandwidth. “Abnormally High Peak Bandwidth” means, in connection with the Service, the peak bandwidth at a moment in any month greater than one-hundred and thirty (130) percent of the peak bandwidth at a moment in the prior month.
1.7 “Scheduled Downtime” means the performance failure relating to network, hardware, or service maintenance or upgrades .We will use reasonable commercial endeavors to provide written notice to you three days prior to the commencement of scheduled downtime.
1.8 “Service Guarantee” shall have the meaning set forth in Clause 2 of this SLA.
1.9 “Time Interval” means 5 minutes
1.10 “Total Connection Requests” means the total number of connection requests from you as received by Solar Speed within each Time Interval.
2.SERVICE LEVEL AGREEMENT
We shall use commercially reasonable endeavors to provide Monthly Uptime Percentage of no less than 99.9% each billing month in connection with your use of the Service (the “Service Guarantee”).
3. ADDITIONAL TERMS
3.1 We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.
3.2 This SLA shall constitute part of your agreement for your purchase and use of the Service.
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