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NimbusNexus Service Level Agreement

Effective Date: 2024-09-28

This NimbusNexus Service Level Agreement ("SLA") outlines our commitment to delivering reliable, high-quality Services. It specifies the availability and uptime guarantees for NimbusNexus infrastructure services, the associated remedies, and how to claim them. This SLA is part of the NimbusNexus Terms of Service ("Terms"). By using NimbusNexus (the "Services"), you agree to be bound by this SLA, the Terms, and all other referenced policies.

1. Service Commitment

NimbusNexus is committed to providing 99.99% uptime for its infrastructure services. This uptime guarantee applies to the availability of our core services, including Virtual Machines (VMs), block storage, and network services.

Uptime Calculation

  • Uptime is calculated as the total number of minutes in a calendar month minus the total number of minutes of Unscheduled Downtime during that month, divided by the total number of minutes in the month.

Formula

Uptime = (Total Minutes in Month - Unscheduled Downtime Minutes) / Total Minutes in Month

2. Downtime and Exclusions

Unscheduled Downtime

NimbusNexus considers any period when our services are unavailable for more than five consecutive minutes as Unscheduled Downtime. NimbusNexus monitors the platform for outages and system failures in real-time.

Scheduled Maintenance

NimbusNexus may perform necessary scheduled maintenance from time to time, which will not be counted as Unscheduled Downtime. Scheduled maintenance periods will be communicated to customers with at least 24 hours’ notice.

Exclusions

The following events are excluded from any downtime calculations:

  • Issues caused by factors outside NimbusNexus’ reasonable control, such as force majeure events, internet access issues, or third-party service disruptions.
  • Service interruptions due to scheduled maintenance or upgrades.
  • Actions or inactions of the customer or any third-party not under NimbusNexus’ direct control.
  • Violations of NimbusNexus’ Acceptable Use Policy.
  • Suspension or termination of services as a result of non-payment, misuse, or breach of agreement.

3. Service Credits

In the event that NimbusNexus fails to meet the 99.99% uptime commitment, customers will be eligible for service credits as outlined below:

  • < 99.99% but ≥ 99.0%: 10% of the monthly fee.
  • < 99.0% but ≥ 95.0%: 25% of the monthly fee.
  • < 95.0%: 50% of the monthly fee.

Claiming Service Credits

To receive a service credit, you must submit a request within 30 days of the end of the month in which NimbusNexus failed to meet the SLA. The request must include:

  • A detailed description of the downtime.
  • The duration and affected services.
  • Relevant logs or screenshots showing the outage (if available). Service credits will be applied to future invoices and are the sole remedy for any breach of the NimbusNexus SLA.

4. Remedies and Limitations

  • Service credits cannot exceed the total monthly fees paid by the customer for the affected services.
  • Service credits cannot be transferred or applied to any other NimbusNexus services or accounts.
  • This SLA does not apply to trial services, free services, or promotional services.

5. Modifications

NimbusNexus reserves the right to modify this SLA at any time. Any changes will be communicated via the NimbusNexus website or through direct notification. If significant changes are made, customers will be given at least 30 days’ notice.