Service Level Agreement

LAST UPDATED ON July 1, 2020

This service level agreement (“SLA”) sets forth the service levels governing the availability of the Services (defined below) to you (defined hereinafter). This SLA constitutes an integral part of the services agreement applicable to the access and use of the Services (“Agreement”), entered into between VCloudX Singapore Pte. Ltd and/or any of its affiliates, subsidiaries, group companies (“VCloudX”), and you (“you/your”). Unless otherwise stated, this SLA is subject to the terms of the Agreement, and any capitalized terms used but not defined herein, shall bear the meaning ascribed to them in the Agreement. VCloudX reserves the right to change or update the SLA at any time, without any prior notification to you. You shall be responsible to (i) use the Services (defined below) correctly in accordance with any guidelines or documentation made available by VCloudX including the terms of use available at https://www.enablex.io/legals/tou/ (ii) follow the procedure set forth in this SLA in communicating the Incident (defined below) to VCloudX.

1. DEFINITIONS
  1. “Contact Information” shall mean the contact details of the VCloudX Personnel, as notified on the User Portal.
  2. “Force Majeure Event” shall bear the meaning assigned to it in clause 4(b) below.
  3. “Incident” shall mean any Service Unavailability which persists for a continuous period exceeding five (5) minutes, subject to the terms of this SLA.
  4. “Services” as used herein shall mean the VCloudX products (if any) and services set forth in the Agreement including, inter alia, the Cloud Network.
  5. “Service Unavailability” shall mean a complete inability to access or use any Services.
  6. “Support Portal” shall mean the web portal operated by VCloudX, available at https://portal.enablex.io, containing, inter alia, details of remediation procedures and timelines to address Incident(s).
  7. “VCloudX Personnel” shall mean the persons designated by VCloudX for resolving Incident(s) reported by you.
2. AVAILABILITY

VCloudX shall make commercially reasonable efforts to make the Services available 99.95% of the time during a given calendar month, to you, subject to the terms stated in this SLA.

3. INCIDENT REPORTING

All Incident(s) are required to be reported in writing, via an email, unless otherwise notified on the Support Portal, to the VCloudX Personnel, at the Contact Information. VCloudX reserves the right to update the Contact Information of VCloudX Personnel, and/or replace any VCloudX Personnel with another personnel, and it shall be your responsibility to obtain information on such replacement(s) or changes at the Support Portal. VCloudX may at its discretion provide information on such replacement or change by way of an email to the email address provided by you.

4. EXCLUSION

Notwithstanding anything to the contrary, no Incident and/or Service Unavailability shall be construed to have occurred for the purposes of this SLA if the Services are unavailable due to any one or more of the following reason(s):

  1. A scheduled maintenance activity in respect of any or all of the Services.
  2. A Force Majeure Event. “Force Majeure Event” shall mean an event beyond the reasonable control of VCloudX, including an act of God, fire, internet downtime including access or related problems, carrier related problems or issues, event(s) occurring or arising due to your act(s) or omission(s), a ruling or act of a regulatory or judicial authority, any downtime or outage occurring at the premises or with respect to the products/services of any of VCloudX's service providers or partners, war, riots, pandemic, civil disturbance;
  3. Your failure to use the Services in the manner detailed in the documentation/guidelines made available by VCloudX for the use of the Services including the terms of the Agreement.
  4. The use of the Services or any part of it in combination or conjunction with any product or service not specifically authorized by VCloudX.
  5. The use of the Services or any part of it in combination or conjunction with any product or service prohibited by VCloudX.
  6. The suspension or termination of your User Account by VCloudX for any reason.
  7. Issues arising on account of any beta products or features deployed as part of the Services.
5. INCIDENT REMEDIATION

If an Incident is communicated to VCloudX in the manner set forth in this SLA, then VCloudX shall use commercially reasonable efforts to remediate the Incident in accordance with the timelines tabulated below. VCloudX shall not be responsible for undertaking efforts to cure any Incident which is not reported in the manner provided in this SLA, and/or, is failed to be reported to VCloudX at the Contact Information.

Failure or Criticality Level Failure Classification Response Time Fault Isolation Updates Target (Times/ month)
Level 1 Critical <15 mins <2 hr 60 Mins 99%
Level 2 Major <60 mins <4 hr 02 Hrs 95%
Level 3 Minor <4 hours <12 hr 08 Hours 95%
Level 4 Info Request <2 Days 1 Working day Daily 95%
Level 1

CRITICAL: The production service is not reachable by standard means, while you are able to reach the internet. Applications are not able to use any service hosted on enablex.io.

Level 2

MAJOR: The production service is working in general, but critical parts have intermittent issues and affecting major functionalities such as recording, text chat, lip synchs, inaudible/garbled audio stream; that have no work arounds from the user. This also includes a sudden drop of all participants from multi-party call.

Level 3

MINOR: The service is up and running, but not at the optimized level resulted in reduced quality of service, such as recording playback, that are not related to available bandwidth. Intermittent issues for which work arounds may be available, or issues that arise from rare combinations of events.

VCloudX reserves the right to inspect and confirm the existence of an Incident, through a third-party monitoring entity in VCloudX’s sole discretion.