This Service Level Agreement (this “SLA”) sets forth the service level terms and conditions and is a part of the Terms of Services (the “Terms”). Capitalized terms used, but not defined in this SLA will have the meaning assigned to them in the Terms. The remedies set out in this SLA are the Subscribers’ sole remedy for issues covered by this SLA.

Dedicated Server Hardware SLA

In cases of the Services being unavailable due to the need for hardware replacement, eSOLIX will use reasonable efforts to ensure that hardware replacement will be completed within twenty-four (24) hours of problem identification. Once eSOLIX identifies that faulty hardware is the cause for the Services being unavailable, a new hardware replacement ticket will be opened for the Subscriber and that particular ticket’s timestamp will be used as the hardware replacement timer for the 24 hour window of time for hardware replacement.

The period of time eSOLIX takes to troubleshoot the server and identify the problem is not included in the 24 hour window of time for any hardware replacement.

In the event eSOLIX is unable to replace the faulty hardware within the 24 hour window of time, we will provide the Subscribers with a credit of three per cent (3%) of the monthly Service Fees per hour of downtime incurred in excess of the 24 hour hardware replacement window (up to a maximum of one hundred per cent (100%) of Subscriber’s monthly Service Fees).

Infrastructure Network SLA

In the cases of downtime due to the infrastructure network, eSOLIX will use reasonable efforts to ensure that the networks for the Services are available to the Subscribers 99.99% of the time in any given calendar month (the “Monthly Uptime Percentage”). The Monthly Uptime Percentage shall be calculated by subtracting from one-hundred percent (100%) the percentage of Network Downtime. “Network Downtime” means the time which the Subscribers are unable to transmit or receive data due to the failure of eSOLIX. Downtime is measured from the time a trouble ticket is opened by the affected Subscribers to the time eSOLIX determines the issue to be resolved, excluding scheduled maintenance.

The data center eSOLIX utilizes uses redundant equipment to eliminate any single point of failure. The multi-homed network through redundant carriers results in fast and reliable connectivity to our network. The data center is outfitted with redundant CRAC, Battery Power and Diesel Generator Power to ensure uptime in any situation.

When the Monthly Uptime Percentage of the networks falls below 99.99%, eSOLIX will credit the affected Subscriber’s account upon request. In this regard, eSOLIX will provide a credit of three percent (3%) of the monthly Service Fees of the affected server or cloud services for each hour of downtime in excess of 0.01% per month(up to a maximum of one hundred per cent (100%) of the monthly Service Fees per affected server or cloud service account).

eSOLIX Client Control Panel

This SLA does not apply to eSolix Client Control Panel. However, we are committed to providing the optimal uptime for the Subscribers to effectively manage their billing and services.