Service Level Agreement

This SLA covers the following elements of the Service:

• Service Failure Remedies
• Network Availability Performance
• Hardware Replacement Guarantee
• Support Response Guarantee
• Domain Name Services
• Power Availability & Performance
• Cooling & Environment
• Server Power Cycling
• Physical Security Promise
• 24 x 365 Engineering Support
• Credit Requirements And Limitations
• Terms Of Service

1. Service Failure Remedies

This SLA lists certain SHINJIRU standards for provision of the Service, and it offers Customer Standard SLA and credits for any failure to meet those standards. This SLA also lists several additional Service standards—standards of quality SHINJIRU strives to meet, even though theyre not guaranteed or subject to credits, and even though Customer might not notice any failure to meet some of them. These additional standards are listed alongside the credit standards below, for informational purposes only, to provide a sense of SHINJIRU commitment to excellence.

10X Service Credit Guaranteed for Standard SLA
If the Service in our standard SLA does not achieve the performance levels described in Parts 2, 3, 6, and 8 below (Failure), SHINJIRU will provide Customer with a 10X Service Credit pursuant to the provisions, requirements, and limitations of this SLA.

A "10X Service Credit" is a credit equivalent to ten (10) times Customer fees for the impacted Service feature for the duration of the Failure. (For example, where applicable: a Failure lasting eight (8) hours would result in credit of eighty (80) hours of free service for the feature in question; a Failure lasting fifteen (15) minutes would result in a 150-minute, or 2 and a half hour, credit.) No credit will exceed fifty percent (50%) of Customer's fees for the Service feature in question in the Customer's then-current billing month.

For Example

Downtime	5 hours
Hosting Fee (Yearly)	USD 75.60 /Year
Hosting Fee (Daily)	75.60/365 = USD 0.207
Hosting Fee (Hourly)	0.207/24 = USD 0.009
SLA Credit	USD 0.009 x 5 x 10 = USD 0.45

- 10X Service Credit cover only the hosting fees. All other fees such as setup fees, upgrade fees, managed services fees and other miscellaneous fees (e.g. managed firewall service, managed monitoring service) are not included.

• Termination of Contract

  Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

• Limitations & Warranty Disclaimer

  The remedies set forth in this SLA are Customer’s sole and exclusive remedies for any Failure or other failure of the Service, including without limitation for any breach of warranty, except as specifically set forth in the Terms and Conditions. PERFORMANCE PURSUANT TO PARTS 4, 5, 7, 9 and 10 BELOW IS NOT GUARANTEED, AND NEITHER THIS SLA NOR ANY OTHER PORTION OF THE AGREEMENT PROVIDES CREDITS OR OTHER REMEDIES FOR FAILURES TO MEET THE STANDARDS LISTED THERE.

2. Network Availability Performance

• SHINJIRU guarantees network availability of 99.99% for our premium SLA and 99.9% for our standard SLA in a given year, excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from SHINJIRU to its backbone providers.

• This SLA does not cover (without limitation): (a) network performance to Customer’s physical location or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.

3. Hardware Replacement Guarantee

• 120-minute replacement of the following SHINJIRU provided hardware:
  • - Hard drive
  • - Memory
  • - Processor
  • - Power supply
  • - Network Interface Card (two per server)
  • - Motherboard (results in complete server replacement)
  • - Hardware firewall

• SHINJIRU will repair or remove and install reasonably comparable replacements if it determines, in its sole discretion, that the hardware is defective. The period listed above begins upon such determination. The period listed above refers only to the time required to physically repair or replace the failed hardware element and does not apply to any time spent: (a) addressing data, operating systems, or other software or systems corrupted or destroyed by hardware failures; or (b) communicating with Customer regarding permissions or instructions.

4. Support Response Guarantee

• For Premium SLA, the guaranteed response time is 30 minutes.
• For Standard SLA, the guaranteed response time is 120 minutes
• A tracking number will automatically be provided to Customer promptly after opening of the Case (Submit a support ticket), and a human support engineer will review the support request within the timeframe listed above. SHINJIRU may reclassify any Case misclassified as falling into one of the EMERGENCY categories listed above, and such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and this SLA does not address them.

5. Domain Name Services

• Primary DNS availability: 99.9%
• “DNS” means domain name server. A period of DNS failure is any time during which 100% of SHINJIRU’s Domain Name Servers simultaneously fail to respond to requests for name resolution. This SLA does not guarantee propagation of DNS data across the Internet or the hosting of secondary DNS service for Customer’s primary domain in another location, and it does not guarantee against zone inaccuracies due to operator error.

6. Power Availability & Performance

• SHINJIRU will provide power availability sufficient to run Customer hardware 100% of the time. SHINJIRU will also provide the power performance required below.
  • - Availability: 100%
  • - Voltage fluctuations: +/- 10%
• A power Failure is a loss of electrical power or a voltage fluctuation, exceeding the limits above, in any part of the delivery system (utility company supply, on-site generation, UPS, circuit, or power strip) which causes Customer’s hardware to shut down. A period of power-related Failure is measured from the time Customer opens the Case to the time that the electrical supply is restored, and does not include any time required to remedy any issues resulting from the electrical failure..

7. Cooling & Environment

• Data Centre Temperature: 67 - 74 degrees Fahrenheit or 19.4 - 23.3 degrees Celcius
• Relative Humidity: 35% - 60%
• As used in this SLA: (a) relative humidity is the ratio of water vapor density (mass per unit volume) to saturation water vapor density, expressed in a percentage; and (b) both temperature and relative humidity are averages of several measurements, each from one of the computer server hosting facility’s (the “Facility’s”) CRAC (computer room air conditioning) units. SHINJIRU will monitor, but is not required to report to Customer on, environmental conditions in the Facility.

8. Server Power Cycling

• Server power cycling: < 30 minutes
• The Service includes an automated system for cycling each individual power circuit. Customer can submit ticket to request an immediate power cycle (a “Reboot Request”). This SLA applies only to requests for power cycling initiated through such automated system. The figure listed above is the maximum period between the time of the Reboot Request and either the actual server power cycling or notice to Customer that the power cycling failed. To qualify for a credit, Customer must open a Case (Submit a support ticket) requesting a manual server power cycle.

9. Physical Security Promise

• 24 x 365 on-site Security
• SHINJIRU will ensure the presence of a professional security guard in the Facility at all times, charged with enforcing SHINJIRU’s security policies.

10. 24 x 365 Engineering Support

• 24 x 365 Engineering Support
• SHINJIRU will maintain support engineers actively on duty 24 hours per day, every day of the year. These engineers will provide support in the Facility, by telephone, or by ticketing system.

11. Credit Requirements And Limitations

The following are required for credits:

1. Customer must open a support case (Submit a support ticket) during the Failure in question. Customer will open all Cases using SHINJIRU’s Ticketing System. In opening a Case, Customer will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the Case opening procedures at SHINJIRU’s Ticketing System. However, at SHINJIRU’s sole discretion, a SHINJIRU representative may open a Case for Customer, without use of the Customer portal (Submit a support ticket), and customer will provide all information required in the preceding sentence to the support representative. Customer will provide the information required in this Part 11.a. even if SHINJIRU provides monitoring services.
2. Customer must provide SHINJIRU with accurate and complete designated points of contact, using SHINJIRU’s Ticketing System. Customer must provide SHINJIRU with accurate passwords for maintenance and repair use by SHINJIRU engineers. Delays or failures caused by Customer’s failure to abide by the requirements of this Part 11.b do not constitute Failures.
3. Customer must request any credits by sending in request email with the ticket ID to payment@shinjiru.com within 48 hours of the start of the Failure.
4. In the event of a system compromise on a host we are not maintaining, it is the responsibility of the customer to back-up his data and contact us to take action. Our policy is to immediately re-install any compromised servers on our network, as they pose a threat to all of our systems. We can perform a re-install/restore for a USD50.00 consulting fee. The typical downtime during one of these re-installs/restores is within 3 hours.
5. Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: (1) downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods; (2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of SHINJIRU control; (5) outages resulting from Internet anomalies outside of SHINJIRU control; (6) outages resulting from fires, explosions, or force majeure; (7) outages to the Customer Portal; and (8) Failures during a “beta” period. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by SHINJIRU in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. SHINJIRU will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.

12. Terms Of Service

• In the event of any conflict between this SLA and the Terms & Conditions, the Terms & Conditions will govern.