DEDICATED SERVER SERVICE LEVEL AGREEMENT

Publish Date: March 11, 2022

Effective Date: April 1, 2022

This Dedicated Server Service Level Agreement (this “SLA”) is a policy governing the use of the BANGMOD Dedicated Server Services listed below and applies separately to each Customer using these BANGMOD Dedicated Server Services. In the event of a conflict between the terms of this SLA and the Terms of Service (the “Terms of Service”), We will use this Service Level Agreement as a credit refunds only.

Service Availability Commitment

BANGMOD.Cloud will use commercially reasonable efforts to ensure that each class of BANGMOD Dedicated Server Service identified below is “Available” during a given calendar month equal to the “Yearly Availability Commitment” for such BANGMOD Dedicated Server Service as set forth in the table below. In the event any of the BANGMOD Dedicated Server Services do not meet the Monthly Availability Commitment, You will be eligible to receive a Service Credit as described below*.

Hardware replacement SLA

BANGMOD.Cloud will manged and take care all of hardware issues related such as CPU, Memory, Disk and PSU failures by provideing NBD (Next-Business Day replacement in 24 HR services from standard work hours) for all hardware related part in the facility local time. In the event any of the BANGMOD Dedicated Server Services do not meet the Hardware replacement Commitment, You will be eligible to receive a Service Credit as described below*.

You can check calculation of NBD (Next-Business Day replacement in 24 HR services from standard work hours) as details on below

• Hardware failures on Mondy (00.01 – 23.59) : SLA Replacement in Tuesday 09.30 – 23.59
• Hardware failures on Friday (00.01 – 23.59) : SLA Replacement in Monday 09.30 – 23.59
• Hardware failures on Saturday and Sunday (00.01 – 23.59) : SLA Replacement in Monday 09.30 – Tuesday 09.30

In case of we are not able to find a part to replacements for you, we are eligible to provide alternative hardware specification to you under the SLA response time services, the specification maybe not 100% same as current specification but we promise performance will not dropped more than 10% from the scores of CPU Benchmark.

Calculation of Availability

“Yearly Availability Percentage” is calculated by subtracting from 100% the percentage of minutes during the year in which any class of BANGMOD Dedicated Server Service was Unavailable. Yearlt Availability Percentage measurements exclude Unavailability resulting directly or indirectly from any Unavailability Exclusion (as defined below).

Service Credits

Service Credits are calculated as a percentage of the total Fees paid by You (excluding one-time payments) for the individual BANGMOD Dedicated Server Service for the calendar month in which the Unavailability occurred in accordance with the schedule below.

In order to receive any credit offered under this SLA, customer must initiate a support ticket related to the event AND expressly request that We issue a credit. Outages related to hardware or other services or events not under Bangmod’s control are not eligible for any guarantee or credit offered under this SLA.

Unavailable and Unavailability Exclusions

1. A class of BANGMOD Dedicated Server Services will be considered “Unavailable” or in state of “Unavailability” when a class of BANGMOD Dedicated Server Services has no external connectivity.
2. The following (each an “Unavailability Exclusion”) will be excluded from any time-based calculations related to a class of BANGMOD Dedicated Server Service being Unavailable:
   1. scheduled, recurring or zero impact maintenance windows;
   2. Unavailability due to Your misuse of a particular class of BANGMOD Dedicated Server Service;
   3. Unavailability that results from Your facilities, equipment, software or other technology and/or third party facilities, equipment, services, software or other technology (other than third party equipment within BANGMOD Dedicated Server’s direct control);
   4. Unavailability arising from Your use of an outdated release of the BANGMOD Dedicated Server Services or third party software, or any failure to install a material Update to either of the foregoing;
   5. Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond BANGMOD Dedicated Server ’s border router supporting BANGMOD Dedicated Server ’s public internet connectivity;
   6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and
   7. Force majeure events or any other event that are not within BANGMOD Dedicated Server’s direct control or that could not have been avoided with commercially reasonable care.