Effective Date: 01 April, 2022
PUBLIC CLOUD SERVICE LEVEL AGREEMENT
This Public Cloud Service Level Agreement (this “SLA”) is a policy governing the use of the BANGMOD Cloud Services listed below and applies separately to each Customer using these BANGMOD Cloud 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
| Class of BANGMOD Cloud Services | Monthly Availability Commitment |
| Linux Cloud Instance | 99.90% |
| Windows Cloud Instance | 99.90% |
| WordPress Cloud Instance | 99.90% |
| Cloud for Web Instance | 99.90% |
| Dedicated Cloud Bare-Metal Instance | 99.90% |
BANGMOD Cloud will use commercially reasonable efforts to ensure that each class of BANGMOD Cloud Service identified below is “Available” during a given calendar month equal to the “Monthly Availability Commitment” for such BANGMOD Cloud Service as set forth in the table below. In the event any of the BANGMOD Cloud Services do not meet the Monthly Availability Commitment, You will be eligible to receive a Service Credit as described 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 Cloud Service for the calendar month in which the Unavailability occurred in accordance with the schedule below.
| Monthly Availability Percentage | Service Credit Percentage |
| < 99.9% – ≥ 99.0% | Refund lost time back to your account at the hourly rate incurred. |
| < 99.0% | Refund lost time back to your account at the hourly rate incurred x 2 |
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.
Calculation of Availability
How to calculate monthly availability
- X = % network / power availability
- M = Total work hours (service times 30 days x 24 hrs x 60 mins = 43,200 minutes)
- U = network / power unavailability in minutes (downtime)
“Monthly Availability Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any class of BANGMOD Cloud Service was Unavailable. Monthly Availability Percentage measurements exclude Unavailability resulting directly or indirectly from any Unavailability Exclusion (as defined below).
Unavailable and Unavailability Exclusions
- A class of BANGMOD Cloud Services will be considered “Unavailable” or in state of “Unavailability” when a class of BANGMOD Cloud Services has no external connectivity.
- The following (each an “Unavailability Exclusion”) will be excluded from any time-based calculations related to a class of BANGMOD Cloud Service being Unavailable:
- scheduled, recurring or zero impact maintenance windows;
- Unavailability due to Your misuse of a particular class of BANGMOD Cloud Service;
- 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 Cloud’s direct control);
- Unavailability arising from Your use of an outdated release of the BANGMOD Cloud Services or third party software, or any failure to install a material Update to either of the foregoing;
- 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 Cloud’s border router supporting BANGMOD Cloud’s public internet connectivity;
- 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
- Force majeure events or any other event that are not within BANGMOD Cloud’s direct control or that could not have been avoided with commercially reasonable care.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case in the BANGMOD Support Center. Your credit request must be received by us by 30 DAYS after which the incident occurred and must include the information specified below respectively.
BANGMOD Cloud services requests must include:
- the words “BANGMOD Cloud SLA Credit Request” in the subject line;
- the dates, times, and the affected BANGMOD region of each Unavailability incident that you are claiming;
- the instances IDs or IP Address for the affected Single Cloud Instances; and
- your request logs and other data necessary for BANGMOD to validate your claimed outage**.
** Please replace any confidential or sensitive information with asterisks.
If a claim SLA is confirmed by us as valid, we will issue you a Service Credit within 30 DAYS following the month in which your request is confirmed by us.
Your failure to provide the requested and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and BANGMOD’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.