This Service Level Agreement (“SLA”) is provided as a supplementary document for entering the service contract, in which the SLA is provided for the purpose of defining the Service Level and outlining the necessary terms for the provision of Services by Penta Security Inc. (“Company”). If there is to be a conflict between this SLA and the terms of the Service Contract, the terms of the Service Contract take precedence.
For the purpose of this SLA, the specific terms associated with the Cloudbric Service are as defined as followed.
The right to define and alter the terms of this SLA belongs to the Company.
(i) “The Company” means the South Korean Corporation titled Penta Security Inc. located and operating at 9th Fl. 115, Yeouigongwon-ro, Yeoungdeungpo-gu, Seoul, Republic of Korea (07241).
(ii) “Cloudbric Service” means the SaaS (Software as a Service) service model and the Built-in service model established on the customers’ infrastructure environment by the Company.
(iii) “Applicable Monthly Service Fee” means the service fee paid by the customer every month to the Company for the use of Cloudbric Service.
(iv) “Customer Minutes” means the total time, measured in minutes, of accessing Cloudbric Service within the period of one month by the Customer.
(v) “Loss of Services” means any instances in which the Customer’s server fails to result in a valid web response for [ten (10)] consecutive minutes while continuous requests have been made, with the exception of instances as stated in Section 8 (Exceptions in providing Service Credits)
(vii) “Service Level” means the performance metric(s) outlined in this SLA for the Company to agree and deliver, e.g., monthly availability.
(viii) “Verified Outage” means the Loss of Service verified by the Company during the use of Cloudbric Service via monitoring the logs of access in a given month. It is considered a Verified Outage if the majority of the users cannot log in to or access Cloudbric Services or connect to the internal resources for [ten (10)] consecutive minutes.
(ix) “Cloudbric Service Profile” means the deployment of Cloudbric Service initiated by the Customer in which the Customer has access to configurations such as, but not limited to, the domain name of the Cloudbric Website and IP address.
The detail of the Service includes the SaaS (Software as a Service) service model and the Built-in service model established on the customers’ infrastructure environment, and the service continuum in accordance with the services includes, but not limited to the domain URLs and IP addresses registered through the Cloudbric Website.
Cloudbric Service must maintain a certain level of performance in the following categories to meet the customer’s needs.
(i) The Monthly Availability Percentage is calculated with the following equation.
Monthly Availability Percentage = (Customer Minutes – Verified Outage) / Customer Minutes X 100
(ii) The target availability is set for 99.9% or above.
(iii) As stated in Annex 1 (Policy for Cloudbric Service Credits), Customers are qualified for the Service Credit if and when the monthly availability fails to meet the target availability.
(iv) Under no circumstances will the Service Credit be compensated to the customer exceeding the amount of the Applicable Monthly Service Fee.
(i) The customer sends a report to the Company via Cloudbric Website if and when there is a Service Outage. The report will include information such as, but not limited to, service type, IP address, date, time, and the error message. The report may also include contact information and details of the Service Outage if necessary.
(ii) For the Company to compensate the customers with the Service Credit for the Service Outages, the customers must send in the report within [seven (7) days] after the initial occurrence.
(iii) The Company reviews the Service Outage.
(iv) All decisions made by the Company regarding the Service Credit are legally binding.
(v) The Applicable Monthly Service Fee must continue to be paid in full by the Customer while the Service Outage is under review and the eligibility of Service Credit is under evaluation by the Company.
(vi) The Service Credit will later apply to the Applicable Monthly Service Fee of Cloudbric Service.
Customers who failed to make payments for [three (3) Applicable Monthly Service Fees] within [twelve (12) months] will not be able to qualify and/or receive the Service Credit.
The Service Credits may not be sold or transferred to a third party. Sending a false report or sending multiple reports for a single occurrence is considered a violation of the Service Contract. The Service Credits are valid until the Service Contract is terminated or expired.
There are exceptions in providing the Service Level as outlined in this SLA. The exceptions in providing the Service Credits are as follows.
(i) When the Company or a third-party service provider, which the Company will notify via Cloudbric Website, provides service upgrades, maintenance, and fixes (service provision of third-party providers will be notified via Cloudbric Website [five (5) days] prior to performing the service) or Cloudbric Service requires emergency fixes (emergency fixes will be notified via Cloudbric Website). However, if non-regular maintenance is intended for the infrastructure based on the Company, or if the Company decides that an emergency fix is required, the Company is not obligated to notify the customers [five (5) days] in advance (e.g., in the case of emergency maintenance, the Company may resolve the issue prior to notifying the Customer).
(ii) When non-regular maintenance and fixes are performed by the Company.
(iii) When a customer violated the Service Contract.
(iv) When the issues were caused by the Customer.
(v) When the Company’s web-seal has automatically been displayed.
(vi) When system management or file transfer was performed by the Customer representative.
(vii) For any event of Force majeure.
(viii) When the Customer’s access to the service has been suspended, or the Customer’s website as stated in the Service Contract has been blocked.
(ix) When the customer has violated the Acceptable Use Policy.
(x) When issues occur as the customer failed to cooperate with the Company’s advice for modification in the use of service.
(xi) When an issue occurs due to third-party technology, hardware, software, application, OS, or service which the Company does not own nor control.
(xii) When an issue occurs due to a service access initiated by the Customer without the use of the Company’s services.
(xiii) When an issue occurs during the free-trial period of the service.
(xiv) When the customer failed to make a report of the Service Outage to the Company via Cloudbric Website within [seven (7) days] after the initial occurrence.
|Monthly Availability (%)||Service Credit (%)|
|< 99.9%, ≥ 99%||10%|