This Dedicated Server Service Level Agreement (this “SLA“) is a policy governing the use of the NextGen Cloud Services listed below and applies separately to each Customer using these NextGen Cloud Services. 

  Service Availability Commitment

NextGen will make every reasonable effort to ensure maximum availability of the virtual infrastructure created and allocated by the Customer and, at the same time, the observance of the following operational functionality parameters 

A. Resources of the Data Center via which the Service is  provided:
– 100% uptime on an annual basis for electricity and/or air conditioning;
– 99 % uptime on an annual basis and accessibility via the Internet to the virtual infrastructure created and allocated by the Customer;

B) Virtual infrastructure created and allocated by the Customer/NextGen:
– 99 % uptime on an annual basis, for the availability of physical nodes (servers) hosting the virtual infrastructure;
– the failure of the virtual infrastructure created and allocated by the NextGen caused by third party software issues, receiver’s internet failure and  inappropriate usages of the cloud services will not consider as server failure.

NextGen will make every reasonable effort to ensure maximum availability of the virtual infrastructure created and allocated by the Customer and, at the same time, the observance of the following operational function parameters:

Resources of the Data Center through which the Service is provided:
– 100% uptime on an annual basis for power supply  and/or air conditioning;
– 99 % uptime on an annual basis, of accessibility via the internet to the virtual infrastructure created and allocated by the NextGen;

Unavailable and Unavailability Exclusions

1.  A class of NextGen Services will be considered “Unavailable” or in state of “Unavailability” when a class of NextGen Services has no external connectivity.
2. The following (each an “Unavailability Exclusion“) will be excluded from any time-based calculations related to a class of NextGen Service being Unavailable:
   1. Scheduled, recurring or zero impact maintenance windows;
   2. Unavailability due to Your misuse of a particular class of NextGen Service;
   3. Unavailability that results from Your facilities, equipment, software or other technology and/or third party facilities, equipment, services, software  or other technology (other than third party equipment within NextGen’s direct control);
   4. Unavailability arising from Your use of an outdated release of the NextGen Services or third party software, or any failure to install a material Update to either of the foregoing;
   5. Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond NextGen’s border router supporting NextGen’s public internet connectivity;
   6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and
   7. Force majeure events or any other event that are not within NextGen’s direct control or that could not have been avoided with commercially reasonable care.

NextGen will use its best efforts to communicate downtime events prior to scheduled, recurring, or zero impact maintenance windows as described above, however, this will not always be possible. Without limiting the foregoing, service interruptions due to emergency maintenance will constitute Unavailability Exclusions equivalent to scheduled maintenance windows, provided that (1) NextGen notifies You of such emergency maintenance as soon as possible and (2) downtime due to emergency maintenance does not exceed four (4) hours in any month.