This Service Level Agreement (the “SLA”) applies to and is a legally binding agreement between Cyber Internet Services (Pvt.) Ltd., a Pakistani limited liability company (“Cybernet”) and the Customer. Both parties have contemporaneously entered into a legally binding Terms of Service Agreement (the “Terms of Service”).
The SLA, the Terms of Service, and the Order, form an agreement ("Agreement") between Cybernet and the Customer and relates to Cybernet’s business being run in the name and style of ‘RapidCompute’ which essentially provides cloud computing services (“RapidCompute”). This Agreement is effective from the moment (i) the Customer indicates agreement on the RapidCompute Website by clicking “I agree” or “Submit”, or (ii) the two parties sign a written Agreement in person (whichever comes first).
To avoid any ambiguities, this SLA excludes Cybernet’s GPON, MPLS, IP and other connectivity services as such services are covered under separate SLAs between the Customer and Cybernet. This SLA only covers the Services provided to the Customer by RapidCompute.
In this SLA, unless there is something inconsistent to the subject or context, the following words and expressions shall have the meaning respectively assigned to them as follows:
Capitalised words and expressions used in this SLA, and not defined herein, shall have the meanings respectively assigned to them in the Terms of Service.
The Service is provided with an Uptime Target of 99.9% for each calendar month. This means that if the Services are down for more than forty three (43) minutes during a calendar month, the Customer will be entitled to Service Downtime Credit. Customer will only be entitled to Service Downtime Credit for such portion of the Service that is affected.
Service Downtime Credit shall be allowed to the Customer as per the following table:
|Service Downtime Duration
(Minutes per Calendar Month)
|Service Downtime Credit|
|Up to 43 Minutes||No Credit|
|Additional 01 Hour||5% of Monthly Recurring Charges|
|Additional 02 Hours||10% of Monthly Recurring Charges|
|Additional 03 Hours||15% of Monthly Recurring Charges|
|Additional 04 Hours||20% of Monthly Recurring Charges|
Following events shall be excluded from any Unavailable Service calculations;
For RapidCompute to process a Customer’s request for Service Downtime Credit, the Customer should send the request in writing within thirty (30) days of the event giving rise to the Service Downtime Credit. The written request must include the following:
Cybernet will be the sole arbiter regarding the award of Service Downtime Credit and Cybernet’s decision will be final and binding. The award of Service Downtime Credit as described in this SLA will be the sole and exclusive remedy for Unavailability of stored data or virtual servers or loss of stored data. Service Downtime Credit will only be provided against future Services and for the avoidance of doubt may not be exchanged for cash or other forms of payment.
This SLA, the Terms of Service, and any applicable Order(s) constitute the entire understanding of the parties related to the subject matter hereof. All prior written or oral agreements,understandings, communications or practices between Customer and Cybernet, are hereby superseded and withdrawn and shall have no legal effect insofar as they relate to the service levels hereunder. In the event of any conflict between the documents comprising the Agreement, precedence shall be given to the documents in the following order: (i) the Order; (ii) this SLA; (iii) and the Terms of Service.