NetActuate Service Level Agreement

This policy applies to the NetActuate website www.netactuate.com and all affiliated websites that link to this Policy (collectively referred to herein as the “Sites,” “NetActuate,” “we,” or “us”).

This NetActuate Service Level Agreement (“SLA”) is incorporated into and forms an integral part of the NetActuate Terms of Service (“TOS”) of NetActuate Inc., a Delaware corporation. All capitalized terms used in this SLA shall have the meaning set forth in the TOS, unless otherwise expressly provided.

Last Updated: April 14, 2025

1. Service Level

Goal:

1. NetActuate’s goal is to achieve 99.99% (4 9’s) uptime, as measured by our third-party monitoring service.

2. NetActuate’s goal is to achieve 99.99% (4 9’s) power delivery when redundant A+B power in a facility is both used and ordered by the customer.

3. NetActuate’s goal is to achieve 99.999% (5 9’s) network availability for any redundant anycast deployment that follows best practices under our shared responsibility model.

These general SLAs are set as a standard; additional SLA terms may be agreed to on a per-customer and per-contract or service basis.

Exclusions:
The above availability goals exclude planned and unplanned (emergency) maintenance.

Remedy:
Subject to Sections 2 and 3 below, if the uptime of your NetActuate Service is less than the applicable availability goal, you may request a credit of up to 5% of the monthly fee for each 30 minutes of downtime (capped at 100% of your monthly fee for the affected service).

2. SLA Exceptions

You shall not receive any credits under this SLA in connection with any failure or deficiency of uptime caused by or associated with:

1. Your breach of the TOS (including the Acceptable Use Policy, Privacy Policy, or Data Processing Agreement) that results in your Service being restricted, suspended, or terminated.

2. Circumstances beyond our reasonable control.

3. Scheduled maintenance and emergency maintenance or upgrades.

4. Force majeure events, including, but not limited to, acts of God, fire, explosion, hurricane, flood, or other catastrophes; acts or omissions of suppliers; inability to obtain raw materials, supplies, or power; any law, order, regulation, or request of any governmental entity; national emergency; terrorist activities; insurrections; riots; labor disputes; embargo; strike or work stoppages or disruptive labor activities; global or natural disasters; or similar events; interruption of or delay in transportation; unavailability of or interruption or delay in telecommunications or third-party services; virus attacks, hackers, or sabotage; failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts).

5. Outages that result from your equipment, software, or other technology and/or third-party equipment, software, or other technology (other than third-party equipment within our direct control).

6. Failure of access circuits to our network, unless such failure is caused solely by us.

7. DNS (Domain Name Server) propagation issues or other DNS issues outside our direct control.

8. Customer access issues outside our control (for example, FTP, POP, IMAP, or SMTP).

9. False SLA breaches reported due to outages or errors of any NetActuate measurement system.

10. Email or webmail delivery and transmission issues.

11. Outages elsewhere on the Internet that hinder access to your account.

12. Your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation, custom scripting or coding (for example, CGI, Perl, HTML, ASP, Ruby, PHP, Python), negligence, willful misconduct, or use of the NetActuate Services in breach of the TOS or Acceptable Use Policy.

3. Credit Request and Payment Procedures

To receive a credit, you must make a request by sending an email to [email protected]. Each email request must:

1. Include the service, product, or domain affected in the subject line.

2. Provide a written, itemized description of the issue, including the product or service from your latest invoice and the date/time (with time zone) of the service interruption or unavailability.

This itemization must be in sufficient detail for us to identify the issue and must be received by NetActuate within twenty-four (24) hours after your NetActuate Service became unavailable. If the unavailability is confirmed by NetActuate, credits will be applied within two billing cycles after our receipt of your credit request. Credits are not refundable and may only be used toward future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to you in a particular month under this SLA shall not exceed the total fee paid by you for that month for the affected NetActuate Services. Credits are exclusive of any applicable taxes charged to you or collected by NetActuate, and they are your sole and exclusive remedy with respect to any failure or deficiency in the availability of the NetActuate Services.

4. Standard Support Response SLAs

Although we strive for real-time or near-time responses, we contractually provide the following default SLAs for initial response times unless you have subscribed to Premium Support or our vNoc service on a 24×7×365 basis:

• Sales: 1 business day

• Billing: 1 business day

• Support (Low Priority): Up to 1 business day

• Support (Medium Priority): Up to 6 hours

• Support (High Priority): Up to 2 hours

For a support ticket to be SLA-logged correctly, it must be created in our portal and associated with your account. While it is possible to open a ticket via other means (email, phone, Slack, etc.), you must ensure you have a valid ticket ID logged and accepted by our portal.

Additional Premium Support SLAs are available on a per-customer and per-contract basis. Please consult your specific agreement or speak with your account representative for more details.