SLA

1. Definitions

Emergency Maintenance shall mean a maintenance period where it is critical that maintenance is carried out as soon as possible to prevent a material impact on the service to you, including but not limited to the risk of a cyber-attack, data integrity, or platform availability.

Financial Credit shall mean a rebate applied to the BUYER's future invoices as compensation for CIVO's failure to meet Guaranteed Uptime Percentage, calculated based on the duration and impact of the service shortfall, as defined in this Service Level Agreement (SLA).

Incident Management shall mean an occurrence that can disrupt or cause loss of operations, services or functions which will be restored by CIVO so that the services are in an operational state.

Monthly Uptime Percentage shall mean the total number of minutes in a month, minus the number of Outage minutes suffered from all Outage Periods in a month (excluding any Scheduled Maintenance or Emergency Maintenance), divided by the total number of minutes in a month, all multiplied by 100.

Outage shall mean a state or condition where there is a total outage or substantial failure of the provided cloud services that renders those services unusable or inaccessible. This encompasses, but is not limited to

• Loss of Connectivity: An absolute interruption of the network facilities necessary for users to access the cloud services, attributable to failures within CIVO's control or its direct network dependencies.
• Loss of a Specific Service: The complete unavailability or malfunction of one or more designated cloud services due to operational issues, including hardware or software failures, that prevents normal service operation.
• Loss of Access to CIVO API: The inability for users to access or utilise the application programming interfaces (APIs) provided by the CIVO, which are essential for managing, operating, or interacting with the cloud services, according to the terms specified in the service agreement.

Outage Period means a period of five or more consecutive minutes of an Outage.

Scheduled Maintenance means planned maintenance which is likely to affect the services such that the service is unavailable for you to perform any material activity. Except in the event of Emergency Maintenance we shall:

• ensure that Scheduled Maintenance does not occur outside the hours of 12:00 am and 08:00 am local time for the affected region(s); and
• notify you or your reseller partner(s) (as applicable) of any maintenance window for the affected region(s) at least 1 business day in advance.

2. Service

1. 2.1 CIVO offers a high-uptime service guarantee across all public cloud services. The following is CIVO's service and uptime commitment for all CIVO's public and private cloud services, as identified in the table below.

   Service	Guaranteed Uptime Percentage
   All services available from the CIVO public and private cloud	99.95%

3. Service Credits

1. 3.1 If CIVO fails to achieve the Guaranteed Uptime Percentage and the BUYER fulfils its obligations under this SLA, the BUYER is entitled to receive Financial Credits as described below. Both Monthly Uptime Percentage and Financial Credits are calculated monthly. This SLA represents the BUYER's exclusive remedy for CIVO's inability to meet the Monthly Uptime Percentage.

2. 3.2 Financial Credits shall be issued as detailed in the table below when the Monthly Uptime Percentage does not achieve the Guaranteed Uptime Percentage in accordance with this agreement.

   Uptime Percentage	Uptime Percentages Credit given
   99.0% to < 99.95%	10%
   95.0% to < 99.0%	40%
   < 95.0%	100%

4. Request for Financial Credit

1. 4.1 To receive any Financial Credit, the BUYER must notify CIVO within 30 days from the date of an outage that qualifies for credit. Notification must be done through CIVO's SLA Financial Credit Request form, which must include server log files showing loss of connectivity errors, the date and time of those errors, and details of the support ticket raised at that time. If these are not provided, the BUYER will forfeit their rights to receiving financial credit.

2. 4.2 Financial Credits will be applied exclusively to only the services, regions, and the specific components directly affected by the outage including but not limited to the servers, containers, storage systems, or APIs directly impacted. No credits will be issued forservices, regions, or components that remain unaffected.

3. 4.3 If a dispute arises with respect to this SLA we will decide (acting reasonably and in good faith) based on CIVO's own system logs and records, and other available information which may be available to us.

5. Maximum Financial Credit

1. 5.1 The maximum financial credit issued for any outages will not exceed 100% of the Fees due for the affected billing month. Credits will be provided as monetary discounts applicable to future invoices for any of CIVO's services. These credits will be issued within 30 days of a successful credit request and will expire 12 months from the date of issue.

6. Exclusions

1. 6.1 The SLA does not cover:

   1. features that are labelled as pre-general availability;
   2. Scheduled or Emergency Maintenance; or
   3. errors arising from:
      1. factors outside CIVO's reasonable control;
      2. any software or hardware provided by the BUYER or third parties;
      3. any data centre or network connectivity provided by the BUYER or third parties appointed by the BUYER;
      4. BUYER actions that breach the Agreement; or
      5. quotas enforced by the system or those specified on the CIVO dashboard.